820 / 801: ONSHORE PARTNER VISAS
The onshore partner visa subclass (820 and 801) allows the spouse or de facto partner of an eligible sponsor to remain in Australia to live. The spouse or de facto partner must be inside Australia to apply.
Who Is Eligible For An Onshore Partner Visa?
Both types of Partner visa allow you to live in Australia if you are the spouse or de facto partner of someone who is any of the following:
- An Australian citizen
- A permanent resident
- An eligible New Zealand citizen
The temporary Partner visa (subclass 820) is the first stage towards a permanent Partner visa (subclass 801) is the applicant is in Australia. Only one application needs to be lodged for both visas, and there is only one application charge. The application is processed in two stages, which are approximately two years apart. The applicant must be inside Australia when the application is lodged, and also when it is granted.
What Are The Other Requirements For An Onshore Partner Visa?
If the applicant is inside of Australia and are applying for a Partner visa (subclass 820 and 801) they must show the following:
- That they are in a genuine, consensual and ongoing relationship with the sponsor
- That they live with their partner
- If they are married, that the marriage is valid under Australian law
- If they are de-facto, that a committed an exclusive relationship has existed for at least 12 months before the date of application
- That they meet certain age and health requirements
An applicant who is in Australia and applying for the Partner visa (subclass 820 and 801) may also be granted the visa if:
- Their relationship breaks down and there is a child of the relationship
- The sponsor dies and they can show that their relationship would have continued if they had lived
- The relationship breaks down and the applicant or members of their family have suffered family violence
What Are The Benefits?
Both Partner visas allow the applicant to:
- Enter Australia and stay until a decision is made about the permanent Partner visa (subclass 801)
- Work in Australia
- Study in Australia (without government funding)
- Enroll in Medicare
If the applicant is later granted a permanent visa, they can:
- Stay in Australia indefinitely
- Work and study in Australia
- Apply for Australian citizenship (depending on eligibility)
- Sponsor eligible relatives for permanent residence
These Partner visas also allow for the visa applicant to include dependent children and other dependent relatives on the application, if they fulfil the requirements of being a member of the family unit.
There are certain additional requirements for a Partner visa (subclass 820 and 801) to include non-children dependent relatives.
Please refer to the immigration official website for visa application charges.