Subclass 820 / 801

PARTNER VISA EXPERTS

Emigrate Lawyers is your trusted partner in navigating the complexities of the Partner Visa (Subclass 820/801) application process. Our dedicated team of immigration lawyers understands the importance of reuniting families and is committed to providing you with expert legal guidance every step of the way.

The purpose of the subclass 820 visa is to allow the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to enter or remain in Australia. The applicant is initially granted a temporary visa, and is eligible for permanent residency if the relationship still exists after a two-year waiting period. The minimum requirements for this visa are as follows:

Two Stages

STAGE 1 ➡️ Temporary Partner Visa (Subclass 820)

This is the initial stage of the Partner Visa application process. Getting this visa is the first step towards a permanent Partner visa (subclass 801). It allows the applicant to live in Australia temporarily while their permanent Partner Visa (Subclass 801) application is being processed.

This is a temporary visa
This leads directly to the permanent Partner visa
You must be in Australia when you apply

STAGE 2 ➡️ Permanent Partner Visa (Subclass 801)

After a certain period of time, typically two years after the initial application, if the relationship is still genuine and ongoing, the applicant becomes eligible for the permanent stage of the Partner Visa. This stage grants permanent residency in Australia.

This is a permanent visa.
You must hold a temporary Partner visa (subclass 820)

Key Eligibility Criteria

To qualify for the Partner Visa (Subclass 820), the Applicant (an overseas Citizen) must:

Be present in Australia to initiate the application process.
Not hold certain types of visas at the time of application.
Be partnered with a Sponsor who is either an Australian Citizen, Permanent Resident, or
eligible New Zealand Citizen.
Satisfy the requirements for either a Spousal or De Facto relationship.
Fulfill the criteria outlined in the “4 Pillars” to demonstrate the genuineness of the
relationship.
Meet the stipulated character and health standards.
Demonstrate a mutual commitment within the relationship.
Maintain a continuing and genuine relationship throughout the application process.

These criteria represent the minimum requirements. Additional information may be necessary from both the Applicant and the Sponsor to establish eligibility.

We offer in-depth consultations to discuss your specific situation in detail. Please reach out to our Office to schedule an appointment.

Application Process:

Eligibility Check: Ensure that you and your partner meet all the eligibility criteria before proceeding with the application.
Gather Documentation: Collect all necessary documents to support your application, including evidence of your relationship, identity documents, health examinations, and character assessments.
Lodge Application: Submit your application.
Temporary Visa Grant: Upon successful submission, you will be granted the Temporary Partner Visa (Subclass 820), allowing you to live and work in Australia temporarily.
Wait for Permanent Visa: After the specified waiting period and provided that your relationship is still genuine and ongoing, you will be eligible for the Permanent Partner Visa (Subclass 801), granting you permanent residency in Australia.

Visa Application

Application Lodgement

Your Partner visa application is lodged with the Department of Home Affairs (the DHA) on behalf of Applicant and Sponsor. The main criterion is that the relationship and your sponsor meet the requirements referred to above. In addition, you must meet the standard health and character checks.

Following lodgement of your application, you and your spouse/partner may be asked to attend an interview with the DHA. In some cases, the DHA may visit your place of residence and/or conduct other checks to verify your relationship.

You must be in Australia when your application is lodged. You may be either in or outside Australia when your visa is granted.

Unlawful Applicants

If you are unlawfully in Australia at the time of your application, you must demonstrate that there are compelling reasons to justify the regularising of your immigration status.

Acceptable ‘compelling reasons’ could include an inability to attain lawful status due to reasons outside your control e.g. severe illness or incapacity. The existence of a genuine de facto partnership or marriage, or hardship that you would suffer should you be required to live apart from your spouse or partner whilst you apply for your visa, are not generally considered to be ‘compelling reasons’ for this purpose.

Visa Grant

This visa, which is valid for a ‘stand-down period’ of approximately two years from the date of the application’s lodgement, allows you to enter remain in Australia until your application for permanent residency has been decided by the DHA.

Next Steps: Permanent Residency

You will be eligible for permanent residency two years after lodging a successful temporary partner visa application, provided your de facto partnership or marriage continues to meet the requirements listed above. At this stage, you will be required to provide further evidence to the DHA to establish your eligibility for permanent residency. You may be either in or outside Australia when your permanent visa is granted.

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