Partner visa (apply in Australia) (subclass 820 and 801) - Australian Migration agents | Immigration Lawyers in Melbourne & Canberra | Global Vision Migration

Partner Visa (Subclass 820 and 801)

The Partner Visas (Subclass 820 and 801) allow individuals who are the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia.

Two-Step Process

Temporary Partner Visa (Subclass 820)

  • Initially granted, allowing the applicant to live in Australia while their permanent visa is processed.
  • After holding the temporary visa for at least two years, the applicant becomes eligible for assessment for the Permanent Partner Visa (Subclass 801).

Permanent Partner Visa (Subclass 801)

  • Allows applicants to live in Australia permanently, provided eligibility criteria are met.

Benefits of the Partner Visa

Temporary Partner Visa (Subclass 820)

  • Live in Australia while awaiting the decision on the Permanent Partner Visa (Subclass 801).
  • Study in Australia (without government funding).
  • Access Medicare, Australia’s healthcare system.

Permanent Partner Visa (Subclass 801)

  • Stay, work, and live in Australia indefinitely.
  • Access Medicare benefits.
  • Sponsor eligible relatives for permanent residency.
  • Apply for Australian citizenship (after meeting residency requirements).
  • Travel freely in and out of Australia. After five years, a Resident Return Visa (Subclass 155 or 157) may be required to re-enter Australia.

Eligibility Criteria

Subclass 820 (Temporary Visa)

  • Age: Applicant must be 18 years or older.
  • Location: Applicant must be in Australia when applying and at the time of visa grant.
  • Sponsor: Applicant must have a sponsor (spouse or de facto partner).
  • Health and Character: Must meet health and character requirements.
  • Debts: Any outstanding debts to the Australian Government must be repaid or arrangements made.
  • Special Note: If the partner is under 18, a parent or guardian who is an Australian citizen, permanent resident, or eligible New Zealand citizen can sponsor the applicant.

Subclass 801 (Permanent Visa)

  • Hold a Temporary Partner Visa (Subclass 820): Applicants must already hold this visa.
  • Ongoing Relationship: The relationship with the sponsor must continue, unless terminated under special circumstances.
  • Compliance: Applicants must comply with all conditions of the 820 visa.
  • Visa History: No prior visa cancellations or refusals during the 820 visa period.

Sponsorship Limitations

A sponsorship application may be refused if:

  • The sponsor was granted a partner visa or prospective marriage visa (Subclass 300) within the past five years.
  • The sponsor has already sponsored two people under a partner visa or Subclass 300 visa.
  • The sponsor has sponsored someone for a partner visa within the past five years, or they have already sponsored two people in total. .

Exceptions to Sponsorship Limitations

  • If the partner has died, abandoned the relationship, or there are dependent children.
  • If the sponsor has lived with their current partner for more than two years.
  • If the sponsor or their partner has dependent children.

Sponsorship Obligations

As a sponsor, you must:

  • Provide accommodation for your partner.
  • Offer financial assistance for living expenses and English language courses (if needed).
  • Support childcare needs (if applicable).

Including Family Members

Applicants can include dependent children or stepchildren in their visa application.

Included family members will receive the same rights and visa conditions as the primary applicant.

Health and Character Requirements

  • Health Checks: Conducted within 12 months of applying for the visa.
  • Police Certificates: Required for all applicants aged 16 or older for any country they’ve lived in for more than 12 months in the past 10 years.

Ready to Reunite with Your Partner?

The Partner Visa process (Subclass 820 and 801) offers a pathway to live with your loved one in Australia.

Contact Global Vision Migration today for a personalized consultation to assess your circumstances and receive expert guidance. Let us help you reunite with your partner in no time!

Disclaimer: This content is for general guidance only and does not constitute legal advice. For the most accurate and up-to-date information, visit the Partner visa (apply in Australia) (subclass 820 and 801).

Schedule a Consultation with Global Vision Migration for Expert Immigration Advice and Assistance

FAQs for Partner Visa (Subclass 820 & 801)

The processing time varies, but Subclass 820 (temporary) can take 12-24 months, and Subclass 801 (permanent) is generally assessed two years after the 820 application.

Yes! Once you hold the Subclass 820 visa, you have full work rights in Australia.

Absolutely. You must provide relationship evidence such as shared finances, cohabitation, social proof, and long-term commitment.

Yes, dependent children can be included in your visa application, provided they meet eligibility criteria.

In some cases, such as domestic violence, the death of a partner, or shared children, you may still be eligible for a visa under special circumstances.

Yes, you must be in Australia when applying and when the Subclass 820 visa is granted. However, once on the visa, you can travel freely.

At GVM, we offer expert migration advice, streamlined document preparation, and ongoing support to ensure the best possible outcome for your visa application.

Request a Call Back

    Request a Call Back