This partner visa (subclass 820 801) allows the Onshore de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia.
Partner visa is a two-stage process. The first applicant needs to be granted the temporary partner visa (Subclass 820).
Applicant must apply for both Temporary (Subclass 820) and Permanent (Subclass 801) visa at the same time and pay the visa application fees.
Partner provisional visa (subclass 820) holders will be eligible for the permanent partner visa (Subclass 801) after 2 years since the provisional visa (subclass 820) application have been lodged.
Applicants do not need to pay any visa application fees for a permanent partner visa (Subclass 820) but should lodge a permanent visa application and provide further documents to be assessed.
Eligibility (subclass 820):
To be eligible for this visa, the applicant must satisfy the followings
- Must be in Australia
- In most cases applicants must be the spouse or de facto partner of an:
- ~~ Australian citizen
- ~~ Australian permanent resident or
- ~~ Eligible New Zealand citizen
- Your relationship must be genuine and continuing
- if in a de facto relationship, the relationship must have existed for at least 12 months (unless compelling and compassionate circumstances exist or registered in Australia)
- If married, you must be legally married and accepted under Australian law
- Satisfy the legal age limit
- Must have a sponsor when you lodge your application
- Meet the Health and Character requirements of the Australian Government.
You can include members of the family unit with your visa application at the time of your application before application decision have been made. Family members must meet the Health and Character requirements of the Australian Government
Eligibility (subclass 801):
The applicant usually must satisfy the followings:
- Holder of a Partner (Provisional) visa (subclass 820)
- 2 years must have passed since applied for the provisional visa (exceptions apply)
- The relationship must be genuine and continuing
- Must have the same sponsor who sponsors for the temporary visa (exceptions apply)
- ~ Exceptions:
- ~~ Sponsor has passed away and it can be proved that the relationship would have continued if the sponsor is still alive.
- ~~ Relationship discontinued due to domestic violence
- ~~ The relationship has broken down, but it is the best interest for the child of that relationship.
You can include those members of the family unit with your visa application who did you added on your provisional visa application and did not. The child usually must hold a Dependent Child visa (subclass 445) and be in Australia. Members of the family unit must meet the Health and Character requirements of the Australian Government.