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Partner Visa (820/801)

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ONSHORE PARTNER VISA – SUBCLASS 820/801

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    Australian visa for partners: A new life together

    You and your partner are in a committed and exclusive relationship and wish to spend your futures together.
    The stress and uncertainty of the visa process for your partner in Australia can overshadow the excitement of moving to a new country. Our skill, experience and expertise will help ensure you fulfil the requirements for a successful partner visa application outcome.

    To be eligible:

    You must either be married or living together in a de facto relationship. You must present evidence of a genuine and committed relationship in all partner visa applications. If you are in Australia, the partner visa can be lodged in Australia, and the applicant will be granted a bridging visa and remain in Australia, once the visa they are on expires, for however long it takes the Department of Home Affairs to assess the partner visa application.
    Partner visas are two-stage applications. The first stage is an application for a Provisional Visa, (subclass 820) and the second stage is an application for a Permanent Visa (Subclass 801). You can sponsor up to two overseas partners in your lifetime, with each application having to be at least 5 years apart from the date of the first partner visa lodgement.

    How The Partner Visa Works In Australia?

    Your partner must be an Australian citizen, permanent resident, or eligible New Zealand citizen to sponsor you.
    To lodge an 820/801 application, you need to meet as a starting point one of the following:
    • You are married;
    • You have registered your de facto relationship if you have been living together for less than 12 months,
    • You are in a de facto relationship with clear evidence of living together for at least 12 months.

    If You Are Married:

    • If you are applying in Australia, your current visa conditions must allow you to apply for a partner visa onshore.
    • Your marriage must be legal under Australian Law. If you were married in a country other than Australia and that marriage is valid in that country, generally it will be recognised as valid under Australian law.
    • You and your partner must show a mutual commitment to a shared life as husband and wife to the exclusion of all others.
    • You and your partner must be living together, or, if not, any separation must only be for a temporary period.

    What happens next?

    Once the assessing officer is satisfied that you are in a genuine relationship and you meet all the other criteria, such as health and character, you will be issued a Provisional Partner Visa, Subclass 820, that allows you to stay in Australia and is valid until a decision is made on your permanent visa. You must submit documents for a permanent visa two years after the initial application lodgment. You will need to demonstrate that the relationship is ongoing and genuine, since the Provisional Visa was granted, you to be granted a Permanent Residence visa, Subclass 801.
    In certain circumstances, if the relationship is deemed as long-term and mature, such as if at the time of a partner visa application, you were married or living in a de facto relationship for five or more years, or you have a child from the relationship, you may be granted Provisional and Permanent visas (Subclasses 820 and 801) on the same day.

    If You Have Been In A De Facto
    Relationship For 12 Months Or More:

    • If you are applying in Australia, your current visa conditions must allow you to apply for a partner visa onshore.
    • You and your partner must have been in a de facto relationship, which means living under the same roof for 12 months or more, immediately before lodging your application.
    • You and your partner must show a mutual commitment to a shared life to the exclusion of all others. If there has been any separation, it must only be temporary, such as for business travel or overseas family commitments for the visa applicant.

    What happens next?

    • Once the assessing officer is satisfied that you are in a genuine relationship and meet all the other criteria, such as health and character, you will be issued a Provisional Partner Visa (Subclass 820) to remain in Australia.
    • The provisional partner visa lasts as long as it takes for a decision to be made on the Permanent Visa.
    • Two years from the lodgement date of the Provisional Partner Visa, you must submit documents for the permanent residence stage. You need to demonstrate that the relationship is ongoing and genuine, and you will be granted a Permanent Residence visa (Subclass 100)
    • In certain circumstances, if the relationship is deemed as long-term and mature, such as if at the time of a partner visa application, you were married or living in a de facto relationship for five or more years, or you have a child from the relationship, you may be granted provisional and permanent visas (Subclass 820 & 801) on the same day.

    If You Have Been In A De Facto
    Relationship For Less Than 12 Months:

    • If you and your partner have not been in a de facto relationship for 12 months immediately prior to lodging your application, you can still apply for a partner visa for Australia.
    • The 12 months can be waived if you have Registered your Relationship under a law of a state or territory prescribed in the Acts Interpretation (Registered Relationship) Regulations 2008. Currently, all states and territories, except Western Australia and the Northern Territory, have the prescribed regulations. Eligibility for registration also differs depending on the state or territory.
    • You and your partner must show a mutual commitment to a shared life to the exclusion of all others. This involves demonstrating a range of evidence about your relationship, such as financial pooling, being recognised as a couple by others and different aspects of the nature of your household.
    • You and your partner must be living together under the same roof or show a strong intention of going to live together.

    What happens next?

    • Once the assessing officer is satisfied that you are in a genuine relationship, and you meet all the other criteria, such as health and character, you will be issued a Provisional Partner Visa that allows you to either remain in Australia, if the application was lodged onshore, or come to Australia, if lodged offshore.
    • The provisional partner visa lasts as long as it takes for a decision to be made on the Permanent Visa.
    • Two years from the lodgement date of the Provisional Partner Visa, you can submit documents for the permanent residence stage. You must demonstrate that the relationship is ongoing and genuine to be granted a Permanent Residence visa (subclass 801).
    • In certain circumstances, such as if at the time of a partner visa application lodgement, you have been married or living in a de facto relationship for five or more years, or you have a child from the relationship, you can be granted provisional and permanent visas at the same time.

    What This Visa Lets You Do

    • Live in Australia indefinitely, so long as the permanent stage of the visa is granted (subclass 801);
    • Enrol in Medicare, Australia’s government-funded health care system;
    • Enjoy unrestricted work rights and all the benefits of a Permanent Resident;
    • Provides a pathway to apply for Australian citizenship after living in Australia for 4 years, with the last 12 months as a Permanent Resident.

    Partner visas are complex. Please contact our team of experienced registered migration experts for immediate advice and assistance.

    What type of visa are you looking for?

    We are a team of immigration specialists guiding individuals, families and corporates who aspire to migrate to Australia. Our migration consultancy has a successful track record in visa approval, with a fair fee structure.

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