Partner Visa

Partner (Provisional) visa (subclass 820)
Partner (Permanent) visa (subclass 801)
Including same-sex couples

 

Features

The Partner visas (subclasses 820 and 801) allow the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia. The temporary Partner visa (subclass 820) is granted first and lets you stay in Australia while the permanent Partner visa (subclass 801) is processed.

Eligibility

• Be the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen
• Meet the relationship and other eligibility requirements
• Be in Australia when you apply for this visa. If you are outside Australia, other partner visas are available.
• The spouse or partners can be heterosexual or same-sex. Same-sex marriage is not recognised in Australia.

Age

If you are married, usually you must be 18 or older when you apply. This is because usually you have must be 18 or older for your marriage to be valid under Australian law. If you are a de facto partner, you must be 18 or older when you apply

Length of stay

• On the temporary 820 visa, you can stay until a decision is made on your permanent Partner visa (subclass 820)
• On grant of the permanent 801 visa, you can stay permanently.

The process

Obtaining the permanent Partner visa is a two-stage process. To be eligible for a permanent partner visa, you first need to be granted a temporary Partner visa. You apply for both the permanent and temporary visas at the same time, and pay only one visa application charge. If you are granted the temporary visa, you are eligible to be assessed for the permanent Partner visa (subclass 801) about two years after you lodged your temporary application. You will need to provide further documents for the permanent visa assessment. If you have been in a long-term relationship before you lodge your application, the permanent subclass 801 visa will be granted immediately after the temporary subclass 820 visa.

Sponsors

Eligibility

Usually, a sponsor is the husband, wife or de facto partner of the applicant.
How long does the sponsorship last?
Your sponsorship ends two years after your partner is granted their Partner visa (Subclass 820). This is the case even if the permanent Partner visa (subclass 801) is granted immediately after the temporary 820 visa is granted.

Sponsor obligations

Sponsors have certain obligations at time of lodgement and decision. We will provide you with information.

Where must you be on lodgement and grant?

You must be in Australia when you lodge your application and when a decision is made on the temporary Partner visa (Subclass 820).
You can be in or outside Australia when a decision is made on the permanent Partner visa (subclass 801)

If you are outside Australia when you want to lodge your visa application, consider:
• A Partner Visa (subclass 309 and 100) or
• A Prospective Marriage visa (subclass 300). This visa is not available for same-sex couples.

Family

You can include your dependent children or stepchildren in your application. If you are granted the visa, your children will have the same rights and visa conditions as you.

Evidence that your relationship is genuine

When you apply for a Partner visa, you must provide evidence that supports your claims of a genuine and continuing relationship with your partner.
• History of your relationship
• Evidence of your relationship
• Financial aspects
• The nature of the household
• Social aspects of the relationship
• The nature of your commitment to each other

 

For more information on this or other Immigration matters or Visa queries, please contact jstone@nevile.com.au

Source: https://www.homeaffairs.gov.au/trav/visa-1/801-