Partner Visa Apply Onshore

Subclass 801 & 820

Partner Visa Australia

Partner visas (Subclass 820 and 801) are the most sought-after visa options by people who are in Australia and want to live in Australia with their Australian spouse or partner. This onshore partner visa subclasses 820 and 801 lets an individual live in Australia if they are a partner or spouse of a citizen of Australia, permanent resident of Australia or eligible citizen of New Zealand. The Australian government grants a temporary partner visa under subclass 820 and a permanent partner visa under subclass 801. The individuals need to apply for temporary and permanent partner visas simultaneously.

What do Onshore Partner Visa Australia Subclass 820 and 801 let you do?

The holder of an onshore Partner visa Australia can live, work and study in Australia. The person also gets access to Australia's public healthcare scheme. Adult Migrant English Program provides free English language classes; if an applicant is eligible, they can attend these classes. The visa applicants can also include family members in their application. The person can also travel to and from Australia multiple times till the time the onshore Partner visa Australia subclass 820 is valid. Still, with visa 801 Australia, the visa holder can travel in and outside Australia for the first five years, and after that, they will need to apply for Resident Return (RRV).

What are the different subclasses of onshore Partner visas Australia?

Partner Visa (Temporary) Subclass 820

This is a temporary visa that allows the partner or spouse of an Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia. You can stay until the decision is made on the permanent visa application. Visa 820 Australia is the first step towards getting a permanent Partner Visa Australia subclass 801. The person must be in Australia when they apply.

Partner (Permanent) Visa Subclass 801

This permanent Partner visa Australia allows the partner or spouse of an Australian citizen, permanent resident or eligible New Zealand citizen to live permanently in Australia. People holding a temporary Partner Visa Subclass 820 can apply for an onshore permanent Partner visa Australia subclass 801. The visa holder can sponsor their family members to come to Australia. If eligible, people holding permanent partner visa Australia can also apply for Australian citizenship.

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What are the eligibility requirements for Onshore Partner Visa Australia subclass 820 and 801?

The eligibility criterion for visa 820 Australia are as follows:

Sponsor requirements

Subclass visa 820 Australia applicants and anyone who applies with them for subclass 820 visa must have a sponsor when they lodge their application and when they are on a visa 820 Australia. The eligible sponsor is usually their partner. The Department of Home Affairs must approve the sponsorship.

Be in Australia

The applicant must be in Australia when they apply for visa 820 Australia and when a decision is made on their temporary visa. The family member must also be in Australia.

Other visa requirements

The applicant might not be eligible to apply for the onshore Partner visa Australia subclass 820 if they are holding certain regional visas. If the applicant is the holder of or their last substantive visa was a
  • Skilled Regional Sponsored Provisional (Class SP) visa
  • Skilled Regional Sponsored Visa Subclass 487
  • Skilled Regional Sponsored Visa Subclass 475 or
  • Skilled Independent Regional Provisional (Class UX) visa

The applicant must have held the visa for a minimum of two years before they can apply.

In case the applicant is the holder of or their last substantive visa was a:

  • Skilled Employer Sponsored Regional (Provisional) Visa subclass 494 or
  • Skilled Work Regional (Provisional) Visa Subclass 491.

They must have held the visa for a minimum of three years before they can apply.

Age requirements

The legal age to marry under Australian law is 18; therefore, married applicants should be 18 years or older at the time of visa 820 Australia application. Moreover, the applicants in de facto relationships should also be 18 years or older when they apply.

Meet relationship requirements

The visa 820 Australia applicant must be the spouse/ de facto partner of a permanent resident of Australia, Australian citizen or eligible New Zealand citizen. This condition applies when they make an application and when their application is decided upon.

Health requirements

The applicant and any family member who applies, along with the applicant, must meet the health requirements. The Department of Home Affairs might also ask other family members who have not applied for the visa to meet the health requirements.

Character requirement

The applicant and any family member who is applying for the Onshore Partner Visa Australia, along with the applicant, must meet the character requirements. The Department of Home Affairs might also ask other family members who have not applied for an Onshore Partner visa Australia to meet the character requirements.

Paid back to the Australian government

If the applicant or any of their family members owe the Australian government any money, they must have paid it back or should have a formal arrangement to pay it back.

Previous visa cancellations and refusals

The applicant must not have had a visa cancelled before or a previous application refused.

Best interests of the child

The Onshore Partner visa Australia might only be granted to an applicant under 18 if it is in their best interests.

The eligibility criterion for visa subclass 801 are as follows:

Visa requirements

The applicant must hold a Partner visa subclass 820 or a Dependent Child visa subclass 445. Two years must have passed since the applicant made an application for the combined visa subclass 820 and visa 801 Australia for them to be eligible to be assessed for the permanent visa. You might be granted a permanent partner visa Australia in less than two years if you were in a long-term relationship or your sponsor held a certain visa before you applied.

Continue to meet relationship requirements

The applicant must continue to be the spouse/ de facto partner of the same person who sponsored their temporary Partner visa 820 Australia. The applicant must:

  • Be married or be in a de facto relationship.
  • Live together or don't live permanently separately, and apart.
  • Have a genuine and continuing relationship.
  • Be mutually committed to a shared life.

Under certain conditions, the applicant might still be eligible for a permanent visa 801 Australia if their relationship breaks down or their partner dies before they are granted a permanent visa.  

Paid back to the Australian government

If the applicant or any of their family members owe the Australian government any money, they must have paid it back or should have a formal arrangement to pay it back.

Best interests of the child

The permanent Partner visa Australia might only be granted to an applicant under 18 if it is in their best interests.

Cost for Onshore Partner Visa Australia Subclass 820 and 801?

Processing time for this visa can vary. Please visit Australian government site for current.Visa Cost

Processing time for Onshore Partner Visa Australia Subclass 820 and 801?

Processing time for this visa can vary. Please visit Australian government site for current.Processing Times

How to apply an Onshore Partner Visa Australia Subclass 820 and 801?

The applicant needs to apply for the Partner visa subclass 801 simultaneously with the visa 820 Australia. The combined application for Onshore Partner Visa Australia subclass 820 and 801 must be lodged when the applicant is in Australia. The visa 820 Australia applicant and any family member or dependent child applying with them must be in Australia when they apply for visa subclass 820. Moreover, to apply for an Onshore Partner visa Australia subclass 801, the applicant must hold a visa 820 Australia or a Dependent Child Visa Subclass 455.

Need help applying for Partner Visa (Apply in Australia) Subclass 820 and 801?

Way2Oz can help you in applying for a visa under the Business Innovation and Investment (Permanent) visa subclass 888. At Way2Oz, our highly experienced migration agents guide individuals and businesses through the complex immigration process. We leverage our experience to provide accurate and genuine advice to our esteemed clients. Our immigration agents assist you in preparing and reviewing the documents and forms before submitting them for successful visa approval. We aim to make the entire immigration process hassle-free and smooth. Contact us today to book a consultation with our registered immigration agents to learn more about your visa options.

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