Onshore Partner Visa subclass 820/801

What is an onshore Partner visa – subclass 820/801?

Partner visas can be applied for onshore (in Australia) or offshore (overseas/outside Australia). The subclass 820/801 visa is the partner visa that you apply for when you are in Australia.  

The 820 visa is the provisional partner visa and the 801 visa is the permanent partner visa. At the moment, the 820 and 801 visas are applied for together and the government charges a single fee that covers both applications.

The 820 visa is generally granted first and the 801 visa at a later stage. Some lucky applicants have both visas granted on the same day. It all depends on the facts! 

If the 820 and 801 visas are not granted on the same day, a second application is usually required. At present, no fee is payable when that second (final stage) application is submitted.

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A few things to think about before you apply for an 820 visa

In most instances, you must be married or in a defacto relationship with:

• an Australian citizen 
• an Australian permanent resident 
• an eligible New Zealand citizen

Married applicants 

In order to be considered as a married applicant:

• you must live with your spouse or not live apart from your spouse on a permanent basis;
• your marriage must be valid under Australian law;
• your relationship with your spouse must be genuine and continuing – evidence is important;
• both you and your spouse must be committed to a shared life together to the exclusion of all others. 

Defacto partners

In order to be considered as a defacto partner, you must be in a defacto relationship with your sponsoring partner, and 

• you must be at least 18 years of age 
• you cannot be married to each other to be in a de facto relationship. However, you could actually be married to someone else – as strange as this may seem! The Department of Home Affairs can grant you a partner visa whilst you are skill married to someone else, as long as you can meet all other partner visa requirements.
• your relationship must be genuine and continuing
• you and your partner must be committed to a shared life to the exclusion of all others
• you must not be related by family 
• you and your partner must live together or not live separately and apart on a permanent basis 

To apply for a partner visa on the basis of your defacto relationship, you will generally need to show that you have lived with your partner for at least 12 months and that your defacto relationship has existed for at least 12 months immediately before you apply for the visa. There are some exceptions to this rule and our experienced registered migration consultants will be happy to discuss whether an exception might apply to your situation.

Long term relationship  

Obtaining permanent residence as a partner visa applicant is usually a two-step process. There is a temporary/provisional partner visa stage and a permanent partner visa stage. Most applicants will receive the temporary partner visa first and will be eligible to be assessed for the permanent partner visa two years from the initial application date. However, if you are in a ‘long-term partner relationship’, the Department may grant the temporary and permanent partner visas on the same day. A ‘long-term partner relationship’ will usually mean that you have been in a spousal/defacto relationship for at least three years when you first apply or this period can be reduced to two years if you have a dependent child together.

Be the correct age 

• Married applicants must usually be 18 years or older when they apply. This is because usually, you must be 18 years or older for your marriage to be valid under Australian law. 
• Applicants in a defacto relationship must be 18 years or older when they apply.

Have a sponsor 

You must have a “sponsor” partner when you lodge your partner visa application. You can’t change your sponsor if the relationship breaks down. You might, however, be able to lodge a new partner visa application if you have a new sponsor. It very much depends on the facts!

Pay your debts to the Australian Government 

If you or your family members (including family members who don’t apply for the visa with you) owe the Australian government money, it’s a good idea to repay or arrange to repay these debts. 

Cancelled or refused visas 

If you have had a visa cancelled or refused whilst you were in Australia, you might not be able to apply for another partner visa whilst you are in Australia. 

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A few things to think about before you apply for the 801 visa (final stage application)

• You must hold a temporary Partner visa (subclass 820) or a Dependent Child (Subclass 445) visa
• 2 years must have passed since you applied for the combined 820 and 801 visa for you to be eligible to be assessed for the permanent visa
• You must still be in a relationship with your spouse or defacto partner. However, if your relationship breaks down, you might still be eligible to obtain the permanent partner visa if you have an Australian child or if you were subjected to domestic violence or abuse by your sponsor. 

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So how much does a partner visa cost?

The visa fees payable to the Department of Home Affairs usually increase on the 1st July each year. Their current fees can be viewed here:

Department of Home Affairs Fees 

The other costs payable during the application process generally include fees for visa medicals, police certificates, biometrics and the translation of documents and fees often vary from country to country.

All partner visa applicants are required to meet Australia’s health and character requirements. If you (as the main visa applicant) have any health issues or if you or your partner (sponsor) have any convictions, it is important to disclose these to us at the outset.

Some health and character issues can have a negative impact on a partner visa application. Our team of experienced registered migration consultants regularly deal with applicants and sponsors with health and character issues. Our team will be happy to discuss any issues with you and assess the impact heath or character issues may have on your application. 

Cost of your partner visa managed by a Registered Migration Agent at EasiVisa: 

Partner Visa Packages