Onshore Partner Visa subclass 820/801

What is an Onshore Partner Visa subclass 820/801?

The subclass 820/801 visa is applied for by married or defacto couples who are living in Australia. You must be in Australia when you apply for this visa and in Australia when the visa is granted.

The 820 and 801 visas are currently applied for together and the Department charges a single fee that covers both applications.

The 820 visa is a provisional residence visa that enables you to live in Australia with your partner. The 801 visa is the permanent residence visa and could be granted about 2 to 2.5 years after the date upon which your partner visa application was first submitted.

The 820 and 801 visas can be granted on the same day if you and your sponsor are in a long-term married or long-term defacto relationship or if you have children together. It all depends on your particular circumstances.

Although you currently apply for an 820 and 801 visa at the same time, a second application, called a final stage assessment, is required for most applicants. No fee is payable when you submit the final stage assessment. This may change in the future.

Eligibility for an Onshore Partner Visa (subclass 820)

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 defacto relationships 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, you must 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 this visa. 

Best interests of the child 

The Department of Home Affairs might not grant this visa if it is not in the best interest of an applicant under the age of 18 years. 

Eligibility for an Onshore Partner Visa (subclass 801) 

  • You must hold a temporary Partner visa (subclass 820)
  • 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. 
  • You must pay any debts you owe to the Australian Government or make arrangements to pay these debts

Costs

Department of Home Affairs Fees:

  • Visa Base Charge: AUD 7,715 for the main applicant (this fee covers the temporary visa and permanent partner visa 820/801)
  • There is an additional fee for each child applying for the visa with you: AUD 3,860 for each child over 18 years and AUD 1,935 for each child under 18 years 
  • Other fees are usually payable for health checks, police certificates and biometrics.

All partner visa applicants are required to meet Australia’s health and character requirements. If you have any health issues or if you or your partner have any convictions, it is important that these are fully disclosed in your application. Some health and character issues can have a negative impact on a partner visa application and may result in your application being refused. 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 these types of issues with you and assess the impact heath or character issues may have on your application. Receiving professional advice can be a lifesaver!

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

Partner Visa Packages 

With a range of differently priced partner visa packages and payment options, we make your visa journey less stressful and easier to manage. What’s more, our fees can be paid in multiple stages.

Option One – Pre-submission review of your application. (Bronze Package) – AUD $1,000 plus GST.

We will assess your eligibility to apply for a partner visa and provide professional advice on your eligibility. If we feel that you don’t meet the partner visa requirements just yet, we will provide advice and strategies for meeting those critically important requirements. Once we are satisfied that you are eligible we will:

  • Review your partner visa application
  • Point out any errors, omissions and suggest improvements
  • Review your supporting documents
  • Identify gaps in evidence and suggest how these gaps can be filled
  • Offer guidance on how to present your relationship evidence
  • Review your sponsorship application
  • Point out any errors, omissions and suggest improvements

In addition:

We provide you with a login and password to your own EasiVisa online file containing:

  • Interactive document list where you can upload your scanned documents for us to review
  • Information sheets and templates
  • Automated document labeller. The Department of Home Affairs likes you to have all of your documents clearly labelled!
  • Instant messaging window – where we will make comment upon your application and documents
  • GST is not payable if you live overseas.

Option Two – The Partner Visa ONLINE Package (Silver Package) – AUD $2,300 plus GST

Only $2,300 for this very competitively priced online service. As long as you provide the documents and information required through our EasiVisa online portal and use our portal to communicate with us.

The first step, as always, is to assess your eligibility.

  • Identifying any potential issues in advance, including health or character issues, and preparing documents and/or submissions to address these issues
  • Provide guidance on the documents required for your visa application
  • Review your documents and identifying and addressing any gaps in evidence Collating and presenting the supporting evidence
  • Assisting with the completion of forms and statements Drafting supporting submissions
  • Drafting and reviewing your visa application
  • Lodging a complete partner visa application
  • Drafting and submitting the sponsorship application
  • Managing the application through to a decision, including updating the application and responding to any requests from the Department of Home Affairs
  • Exclusively using the portal, which contains instant messaging; means no phone calls, no emails and no face to face meetings. This helps to keep the cost down very significantly, but you still get a top-quality professional service.

In addition:

We provide you with a login and password to your own EasiVisa online file containing:

  • An interactive document list where you can upload your scanned documents
  • Useful guide to preparing a partner visa application
  • Useful information sheets and templates
  • An automated document labeller
  • The Department of Home Affairs likes you to have all of your documents clearly labelled!
  • Instant messaging window – where we can chat with you about your visa application
  • PAYMENT PLANS AVAILABLE – GST is not payable if you live overseas

Option Three – The Gold Package (the full Monty) – The Partner Visa full Package – Preparation and Submission. AUD $3,600 plus GST

We will assess your eligibility to apply for a partner visa. If you don’t meet the partner visa requirements just yet, we will provide advice and strategies for meeting those critically important requirements. This package includes:

  • Identifying any potential issues in advance, including health or character issues, and preparing documents and/or submissions to address these issues
  • Provide advice on the documents required for your visa application, including continually reviewing documents and identifying and addressing any gaps in evidence
  • Collating and presenting the supporting evidence
  • Assisting with the completion of forms and statements
  • Drafting and reviewing your visa application
  • Lodging a complete partner visa application
  • Drafting and submitting the sponsorship application
  • Unlimited face to face/Skype/FaceTime/WhatsApp meetings and telephone calls
  • Scanning your partner visa documents and uploading the documents to our online portal
  • Providing the Department with a detailed submission letter that shows how you meet the partner visa requirements and provides a detailed review of your relationship evidence
  • Updating IMMI Account every 3 months or so with additional supporting evidence Managing the application through to a decision, including updating the application and responding to any requests from the Department of Home Affairs

In addition:

We provide you with a login and password to your own EasiVisa online file containing:

  • An interactive document list where we/you can upload your scanned documents
  • We can also scan your documents for you
  • Useful guide to preparing a partner visa application
  • Useful information sheets and templates
  • An automated document labeller
  • The Department of Home Affairs likes you to have all of your documents clearly labelled!
  • Instant messaging window – where we can chat with you about your visa application
  • GST is not payable if you live overseas
  • PAYMENT PLANS AVAILABLE

Take our FREE Partner Visa Eligibility Test

 

Would you like to know more about your partner visa options?

If you want a really great visa outcome, make sure that you have an effective visa application strategy. Poor strategies and poor preparation can result in longer than average visa processing times or, worse still – a visa refusal!

Remember the old saying – “By failing to prepare, you are preparing to fail!”

Getting your partner visa application refused can put a huge amount of stress on your relationship; a huge amount of stress on your pocket (appeals are expensive!!) – so it’s important to get it right first time!

You want to get your visa granted. We want you to get your visa granted and we are here to guide you along the pathway to success! Preparation makes perfect!

If you have any questions, or want help getting your visa strategy as good as it can be, get in touch today.

Contact Us

 

Disclaimer: Although we aim to provide accurate information on our website, we do not accept responsibility for errors or omissions. Australian immigration law is constantly changing. Consequently, the information provided on this website must not be used as immigration advice or assistance. There is no substitute for up-to-date advice and assistance from an Australian registered migration agent.

Call Now Button