Onshore Partner Visa

Two Stage Processing

Applicants apply on the one combined application form for both the provisional visa subclass 820 and the permanent visa subclass 801 visa. There are two steps for getting permanent partner visa.

1. Under normal circumstances, Provisional Partner Visa (subclass 820) is granted.

2. Applicant stays in Australia for two years on subclass 820 before Permanent Partner Visa (Subclass 801) is granted.

Long Term Relationship

Two years wait out period does not apply if at the time of visa application, applicant and the partner were in a long term relationship. It means that relationship must had been continued for minimum 2 years and both partners have a child together. If there is no child from the relationship, it must had continued for more than 3 years.

In such circumstances, permanent visa 801 can be granted immediately once provisional visa 820 is granted.

 Eligibility as Partner

 Both Spouse or defacto partner are considered eligible for sponsoring the applicant. However, couple must be living together or not living separate permanently.

At time of application, if the partner visa applicant is claiming a de facto relationship with their Australian partner, they must both be at 18 years old and have been together in a de facto relationship for at least 12 months. However, this minimum relationship period does not apply if the relationship is registered under a State/Territory law.

First stage – Provisional Partner Visa (Subclass 820)

Basic Eligibility

1. You must be must be 18 years or over.

​Applicants in married relationship usually are 18 years or older because you must be 18 or older to be married under Australian law. For Defacto relationships, age must be 18 years or older.

2.  At the time of application, you must be in Australia and application is sponsored by the partner who is Australian Citizen or PR.

It is an onshore visa application, so applicant must be in Australia at time of application. Additionally, application must be sponsored by your partner. Sponsor cannot be changed after temporary visa subclass 820 is granted. Same person is required to sponsor for permanent visa Subclass 801.

3. Relationship requirements must be met.

At the time of your application, and while your application is being decided, you must be spouse or defacto partner of Australian citizen or permanent resident.

For married applicants, marriage must recognised under Australian laws. For defacto relationships, relationship must be ongoing for minimum 12 months or it is registered under state or territory laws. Also, following requirements are met:

• Mutual commitment with each other with exclusion of all others.

• You must be living together or not living separate permanently.

• Your relationship is genuine and continuing.

• You are not related by family.

While considering the relationship to be genuine and continuing, following four factors are considered most important:

• Financial Aspects
• The nature of household
• Social aspects
• The nature of personal commitment towards each other

4. You must meet the health and character requirement.

You are required to undergo health assessments, and if required health waivers are available under certain circumstances. For character requirements, you need to pass the character test.

5. If there is any debt with Australian government, it must have been paid back or have arranged to pay it back.

Second Stage – Permanent Partner Visa (Subclass 801)

Eligibility

​1. 2 years must have passed since you applied for the combined 820 and 801 visa.

Unless, relationship is considered as long term relationship, applicant is not eligible for subclass 801 visa until at least two years after the combined visa application was submitted.

Other exceptions, where subclass 801 may be granted under 2 years under following circumstances:

• Australian sponsoring partner has died.

• Family violence has occurred against the applicant.

• Applicant has custody of child of applicant and Australian partner.

2.  Applicant and the sponsoring partner continue to meet relationship requirements.

Following factors are again considered while assessing permanent visa application:

• ​You must continue to be be married or in a de facto relationship with sponsoring Australian partner.

• You have a genuine and continuing relationship

• You and your partner must be living together, or not live permanently separately and apart

• Both of you are mutually committed to a shared life excluding other partners.

3. ​If there is any debt with Australian government, it must have been paid back or have arranged to pay it back.

Once permanent visa subclass 801 is granted, you can live, work and study and apply for Australian citizenship once eligible.

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