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?