What is a Partner Visa?

21 Jan What is a Partner Visa?

In general, a Partner Visa allows the partner or spouse of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia. One should apply for temporary (Subclass 820) and permanent (Subclass 801) partner visas together.

Subclass 820 (Temporary Partner Visa) lets the de facto partner or spouse of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen live in Australia temporarily. Getting this visa is the first step towards a permanent Partner Visa (Subclass 801).

Subclass 801 (Permanent Partner Visa) lets the de facto partner or spouse of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen live in Australia permanently. It is usually granted to people who currently hold a temporary partner visa (Subclass 820).

Essentially, the first step is to lodge a combined subclass 820/801 visa application. This way, you are applying for both the temporary and permanent residence visas at the same time, with a single lodgement. You will then be assessed for subclass 820 visa eligibility and granted a temporary visa. This lets the partner or spouse stay in Australia while the subclass 801 application is being processed. Once granted the 820 visas, the partner or spouse will be entitled to enrol in Medicare, and work, and study in Australia.

From the time, one gets the 820 visas, the visa holder will usually have to wait for about two years before the partner or spouse become eligible for an 801 visa. You will then be required to provide specific proof or evidence of relationship to the Dept of Home Affairs that you continue to meet the visa grant requirements for the partner visa, including, and most importantly, that you have remained in a married or de-facto relationship with your Australian sponsoring partner. An exception to this rule, that is one may be able to get the 820 and 801 at the same time if the following conditions apply:

• You and your partner/spouse have been together for at least 2 years – married or cohabitating – and there is a dependent child of the relationship
• You and your partner/spouse have been together for at least 3 years – married or cohabitating – and you have no child together

In some instances, a relationship breakdown will still warrant a grant of the 801 permanent partner visas, if certain circumstances occur (for example, domestic violence).

Who can apply for the Subclass 801 Visa?

To be eligible for this visa, you must meet the following qualifications:

• You must be aged 18 years or older (note there are exceptions if you are married)
• You must be in a married or de-facto relationship with an Australian citizen or permanent resident, or an eligible New Zealand citizen.

• Marriage Requirements: It must be a legally valid marriage in Australia, You and your partner have a mutual commitment to a shared life as a married, couple to the exclusion of all others, your relationship is genuine and continuing, and you either live together, or you do not live separately and apart permanently.

• De-facto Relationship: If you are not legally married to your Australian partner, the following requirements must be met – You and your partner have a mutual commitment to a shared life to the exclusion of all others, your relationship is genuine and continuing, and you either live together, or you do not live separately and apart permanently, you are not related by family.

• You must have been in a de-facto relationship with your Australian partner for at least 12 months at the time of lodgement of the application unless you meet one of the following exceptions:
• You can demonstrate those compelling and compassionate circumstances exist for the grant of the visa.
• Your sponsoring partner either is, or was, the holder of a permanent humanitarian visa, and before the grant of that visa, had declared the existence of your de facto relationship to Immigration.
• Your sponsor has applied for a permanent humanitarian visa; or
• Your relationship is registered with an Australian State or Territory Government

In determining whether your relationship with your Australian partner is genuine and whether it meets the definition of a marriage or de-facto relationship according to the migration provisions, Immigration will consider the following aspects of your relationship:

• Financial(to demonstrate joint ownership of real estate/other major assets and joint responsibility for financial liabilities)
• Social(to demonstrate that your relationship is known to third parties)
• Household(to demonstrate shared household responsibilities)
• Nature of your commitmentto one another (to demonstrate your intention to be in a committed, long-term, and exclusive married or de-facto relationship)

• Your sponsor must be 18 years of age or older (note there are exceptions if you are married)
• You must be sponsored by your Australian partner (note in specified circumstances, a person is prohibited from being a sponsor). If your partner is under 18 years of age, their parent or guardian must sponsor you
• Your sponsor must meet a specified ‘character’ requirement and supply relevant police clearances to demonstrate this
• You must hold a substantive visa (generally any visa excluding a bridging visa) or meet additional requirements following Schedule 3 criteria
• You must meet health and character requirements

What are the costs involved in lodging a Partner Visa (as of 2022-2023 financial year)?

Can I become a Citizen after 801 Visa?

After four years of being granted a Partner Visa (Subclass 801), the partner or spouse can apply for Australian citizenship, subject to fulfilling the following requirements:

• You must pass the citizenship test unless you are 60 or older.
• You must not have lived outside Australia for longer than 12 months during the last 4 years.
• You must not have been outside Australia for longer than 3 months in the last 12 months.
• You must be living in Australia at the time of application, and you must continue to intend to live in Australia.

If you have a partner or spouse who requires more information regarding partner visas please get in touch with Worldly Migration’s Registered Migration Agent, Evan Bishop (MARN 1679414) for a free, no-obligation consultation.