What’s the Difference Between an 801 and 820 Visa? – Worldly Migration

22 Jan What’s the Difference Between an 801 and 820 Visa? – Worldly Migration

A Partner Visa is one of the most sought-after visas in Australia. If you are married to an Australian or in a de facto relationship with an Australian citizen, Australian Permanent Resident, or eligible New Zealand citizen of the same sex, or opposite sex, you may be eligible for a Partner Visa 801 and 820, to live together with your spouse or partner in Australia.

Usually, both subclass 820 and 801 visas (onshore partner visas) are lodged at the same time, but they are assessed and granted in 2 separate stages. The processing of subclass 801 (permanent) visa will only commence after at least 2 years have passed since the date of the last subclass 820/801 partner visa application. The reason for this is to make sure that the partners are in a genuine and committed long-term relationship with each other.

For the purpose of 820/801 application, a long-term partner relationship is defined as a relationship that has continued for at least 2 years, if there is a dependent of both the applicant and the Australian spouse/partner, or at least 3 years if without a child in the relationship.

In ascertaining whether your relationship with your sponsoring Australian spouse/partner is genuine and that it meets the definition of a marriage or de-facto relationship according to the migration provisions, the Immigration case officer 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 commitment to one another (to demonstrate your intention to be in a committed, long-term, and exclusive married or de-facto relationship)

You must provide evidence to cover each of the above aspects for the entire length of your relationship when lodging the combined subclass 820/801 visa application.

In relation to these visas, partners who have arrived in Australia on subclass 300 prospective marriage will need to marry the sponsoring partner and apply for onshore partner visa within 9 months of receiving the subclass 300 visa.

Overview

Subclass 820 Partner Visa is a temporary partner visa which leads to a permanent Subclass 801 Partner Visa, which will only be granted once at least after 2 years has passed since the Subclass 820 Partner visa application was made.

The permanent subclass 801 Visa will only be granted if it has been proven that the applicant partner has been in a long-term partner relationship with the sponsoring partner.

What documents will I need to show on my application?

• Identity documents (e.g., passport and birth certificate)
• Character documents (e.g., police clearances)
• Relationship evidence documents (see below)

You will need to provide documents to address each of the relationship aspects, as discussed above. Other documents required include:

• Marriage Certificate or Relationship Registration Certificate, where applicable
• At least two Form 888’s (these are statutory declarations provided by supporting witnesses attesting that your relationship is genuine)
• You and your partner should each provide a written statement or Statutory Declaration about your relationship, which covers the history and development of your relationship, as well as the relationship aspects discussed above.

How long can I stay in Australia on a Partner Visa?

For Subclass 820 (Temporary) Partner Visa holder – The partner can stay in Australia on a temporary basis until the Subclass 801 (Permanent) Partner Visa is granted.

For Subclass 801 (Permanent Partner) Visa holder – The partner can stay in Australia permanently, with a 5-year travel facility, which means the partner can leave and re-enter Australia for as many times as one like in the 5 years from the date the permanent subclass 801 visa is granted, and after 5 years, the partner will need to apply for and be granted either a resident return visa (if the partner wish to re-enter Australia as a permanent resident) or an Australian citizenship (if the partner wish to travel as an Australian citizen).

Where can I apply for a Partner Visa?

All partner applicants must be onshore, in Australia, to make a combined application for subclass 820/801 partner visa, and to be granted the subclass 820 (Temporary) Partner visa.

What can I do while on Subclass 820/801 Partner Visa

One of the few perks of having lodged a 820/801 Partner Visa is your eligibility to enrol in Medicare, which is Australia’s universal health insurance scheme to access health and hospital services at low or minimal cost even before the grant of your 820/801 Partner Visa.

Proving that I am still in a genuine, committed relationship with my partner after 2 years of 820 Visa grant

Once 2 years have passed since you lodged your combined subclass 820/801 visa application, you will need to supply relevant documents to Immigration to confirm that you continue to meet visa grant requirements for the partner visa. You do not need to wait for the Department to contact you and should send your documents no earlier than 1 month before the 2-year period.

The types of evidence required at this stage include:

• Statutory Declarations by you and your partner relating to your relationship
• Statutory Declarations by two persons known to you and your partner about your relationship
• Police clearances, as applicable to your circumstances
• Updated documents relating to those previously supplied (e.g., new passport, marriage certificate of you and your partner have since married)
• Relationship evidence covering the period from lodgement of your combined subclass 820/801 visa application to date

How can I Sponsor my Partner for a Subclass 820/801 Visa?

If you are wanting to sponsor your partner, for them to come to Australia, you must be able to meet the following criteria:

• Must be at least 18 years old, and is either:
• An Australian Citizen; or
• An Australian Permanent Resident; or
• Eligible New Zealand Citizen.

What are other general criteria to apply for a combined Subclass 820/801 Partner Visa?

• The primary visa applicant must not be a holder of Subclass 771 Transit Visa at the time of submitting visa application
• Both the primary visa applicant and partner must be at least 18 years old
• In limited circumstances, applicants may still be eligible for a subclass 801 Partner (permanent) visa if the sponsoring spouse/partner has died, or any of the applicants suffered from domestic violence committed by the sponsoring spouse/partner
• Both the primary visa applicant and partner must be in a married, or a de facto relationship to the exclusion of others

For married applicants, the following must apply:

• both parties are legally married to each other, and the marriage must be valid under Australian law.
• both parties must have mutual commitment to a shared life as a married couple to the exclusion of all others. This means either party must not be in a polyamorous or polygamous marital situation.
• the relationship is genuine and continuing.
• live together or do not live separately on a permanent basis.

For de facto partners, the following must apply:

• Both parties are not legally married to each other.
• Both parties are not related by family, including adoptive family relationships.
• Both parties must have mutual commitment to a shared life as a married couple to the exclusion of all others. This means either polyamorous or polygamous relationship must not involve in the de facto relationship.

• The de facto relationship must have existed for at least 12 months immediately before the visa application date unless there are compelling and compassionate reasons for not meeting the 12-month relationship requirement.
• The relationship is genuine and continuing.
• Live together or do not live separately on a permanent basis.

Exceptions to the 12-month de facto relationship rule

If the Australian de facto partner of the primary visa applicant is or was a holder of a permanent humanitarian (Subclasses 200, 201, 202, 203, 204, 209, 210, 211, 212, 213, 215, 216, 217 or 866 visa) visa or is an applicant for a permanent humanitarian visa, the 12-month de facto relationship requirement does not apply.

De facto relationship registered under State or Territory law of Commonwealth of Australia is exempted from meeting the 12-month de facto relationship requirement. As of the time of writing, relationship registration recognised for this purpose only available in Australian Capital Territory (ACT), New South Wales, Queensland, South Australia, Tasmania, and Victoria.

To avoid refusals, it is best to consult with a Registered Migration Agent regarding your 820/801 application. Contact Worldly Migration today.