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A Partner visa subclass 820/801 enables you to apply whilst in Australia to be with your de facto partner, but the application process can be complex and confusing. At Australian Migration Lawyers, we provide you with valuable support and guidance to make the process of obtaining a Partner visa as straightforward as possible.
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Tell us about your situation, and we will get back to you shortly. Please note that all free consultations are 30 minutes.
Tell us about your situation, and we will get back to you shortly. Please note that all free consultations are 30 minutes.
There are no hidden costs for our services. Our fees are clearly set out in a fee agreement.
From the first same-day response to the granting of your visa, you’ll have direct access to a lawyer.
Our experienced lawyers will give you regular updates and clear explanations of visa pathways.
We offer a client satisfaction guarantee in relation to our visa application services.
3 - 6 months installment options available on some visa types.
If you are the spouse or de facto partner of an Australian citizen or eligible new citizen, Australian permanent resident, or eligible New Zealand citizen, you may be eligible to apply for a partner visa.
Essentially, the partner visa subclass 820 visa grants a temporary visa, while the permanent partner visa 801 lets spouses or partners live indefinitely.
There are two types of partner visas, and they are distinguished by their sets of subclasses. The Partner visa subclass 820/801 can only be applied for by applicants who are already onshore, while the permanent partner visa subclass 309/100 is for offshore applicants. If you are offshore, please refer to the permanent Partner visa subclass 309/100 page. You can ask your eligible New Zealand citizen to gather the necessary documents, too.
The Partner visa Subclass 820 and Subclass 801 are different types of visas in their own right. The subclass 820 visa is a temporary visa, while the subclass 801 is a permanent partner visa. If you satisfy all eligibility requirements for a permanent partner visa subclass 801, you will typically be granted a temporary Partner visa subclass 820 at first. This substantive visa allows you to live, work, study, and travel without restriction. In most instances, you can also access Medicare at this time, like with a Bridging visa A. After two years on the temporary partner visa subclass 820, you will then become eligible to apply for the permanent partner visa subclass 801. Once the subclass 801 permanent partner visa is granted, you can become a permanent Australian citizen and enjoy the full range of benefits and entitlements available to permanent residents.
Before you can make a valid application for a temporary Partner visa subclass 820 or 801 permanent partner visa, Australian migration law requires the following:
Same-sex partners are eligible to apply for this visa.
The principal benefit of a permanent or temporary Partner visa is the stability it provides for you and your sponsoring Australian or eligible New Zealand citizen partner. It enables you to live together and continue building a life together in Australia without the anxieties that accompany a temporary visa status.
However, to facilitate stability and continuity of visa conditions, the permanent Partner visa programme grants eligible applicants a range of benefits even before permanent residency.
The Partner visa application process has many technical elements to consider and requires a significant amount of documentary evidence to satisfy the Australian government that you are in a genuine and continuing relationship with your sponsoring Australian or eligible New Zealand citizen partner.
The Partner Visa (Subclass 820) allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia temporarily. It’s the first step towards permanent residency under the partner visit Subclass 801. Applicants for the permanent partner visa Subclass 801 must provide evidence of a genuine relationship and meet health and character requirements.
Every year, the Australian government refuses thousands of partner visa subclass 820 applications due to insufficient evidence that the de facto relationship is genuine. To help you, we have developed a comprehensive partner visa subclass 820 checklist covering all necessary documents. This ensures you meet the partner visa subclass 820 requirements and provide strong proof of your de facto relationship. Whether applying for a partner visa subclass 820 with an Australian citizen or an eligible New Zealand citizen, evidence is critical. Our partner visa subclass 820 guide includes financial records, social proof, and statutory declarations—all essential for a partner visa subclass 820 grant.
Authorities assess partner visa subclass 820 applicants based on de facto relationship history, cohabitation, and shared financial responsibilities. Successfully securing a partner visa subclass 820 requires proper documentation. A strong partner visa subclass 820 case includes statements from friends and family. Submitting incomplete partner visa subclass 820 documents leads to unnecessary stress. Trust our partner visa subclass 820 expertise for a smoother journey.
There are two stages to the onshore partner visa – the subclass 820 (temporary) stage and the subclass 801 (permanent) stage.
To apply for the subclass 820 visa, you must provide evidence to demonstrate that your de facto relationship with an Australian citizen is genuine and continuing. The threshold to satisfy the character requirements of the Australian government is high, so significant documentary evidence is required. Other personal documents will also be required, such as your identity documents, police certificates, and character documents. If you previously held a prospective marriage visa, you must show that your relationship has progressed into a committed partnership.
If satisfied, the Australian government will consider your prospective marriage visa and grant you a subclass 820 visa, which allows you to live, work, and study in Australia without restriction for two years until you are eligible to apply for the subclass 801 visa. You can also travel in and out of Australia without restriction and can access Medicare. Family members included in your application must also meet visa requirements. If you are applying from a last substantive visa, ensure that your status aligns with eligibility conditions.
After two years, permanent partner visa subclass 801 and 820 visa holders become eligible to apply for the partner visa subclass 801 full visa. This application process is similar to the partner visa subclass 801 and 820 visa application process and requires you to satisfy the Australian government that your de facto relationship with an Australian citizen is still ongoing from the time the partner visa subclass 801 permanent visa and 820 visas were granted. If you previously entered Australia on a prospective marriage visa, you must confirm that you have since married your de facto partner.
Additionally, family members listed in your application must continue to meet eligibility criteria. Those who were granted a partner visa subclass 820 must ensure all required documents, including those for any family members, are up to date. If you were on a last substantive visa before applying, compliance with visa conditions remains important
Applicants in longstanding relationships spanning several years may be eligible for a double grant of the 820/801 permanent visa. If you previously held a prospective marriage visa, this could strengthen your eligibility. We can work with you to prepare a request for a double grant if you satisfy the eligibility criteria.
Once you have been granted the subclass 801 visa, you are considered a permanent resident or eligible and can access the full range of benefits available to Australian permanent residents or eligible residents. You can choose to remain a permanent resident, or you can choose to apply for citizenship after meeting the relevant residency requirements.
If you choose to remain a permanent resident, you will enjoy a 5-year travel facility on your subclass 801 visa. That is, you can travel in and out of Australia for up to 5 years on the subclass 801 permanent visa. If you wish to continue doing international travel after 5 years, you will need to apply for a Resident Return Visa (subclass 155), and you must renew this visa every 5 years thereafter. Our team of qualified Australian Migration Lawyers can assist you with any Citizenship or Resident Return applications to make getting a permanent visa as straightforward as possible.
Although you are not obliged to become a resident or eligible new Australian citizen, there are a number of benefits that come with Australian citizenship, including:
Data published by the Australian government indicates that in just one year, more than 12,000 partner visas can be refused. At Australian Migration Lawyers, we provide valuable guidance and application support to make the entire process as seamless as possible. We have a high success rate for partner visas and other primary applications, and we do not shy away from complex cases. We help you get a permanent visa.
At Australian Migration Lawyers, one of our key goals is to facilitate access to justice, and we do this by representing those who entrust us with their partner visa application.
There are two main costs associated with a subclass 820/801 Partner visa.
Our fees will vary depending on the special circumstances of your permanent visa application. Some applications will be more complex than others, and our fees will be quoted accordingly. We work on a fixed-fee basis rather than billing hourly to provide our clients with certainty about what the total costs associated with their partner visa application will be. We strive to be flexible, so we offer payment plans based on financial need.
Book a free consultation with one of our qualified lawyers to get a quote.
The current fee for the Department of Home Affairs in relation to partner visa applications is $9095 (cost payable at the time of lodgement). This fee must be paid upfront, and the Department does not accept split payments. You can pay using debit/credit card, PayPal, UnionPay, and BPAY.
Applying for a visa to Australia can be complex. With help from an Australian Migration Lawyer, we can untangle this complexity, and help you apply for the right visa.
Organise a consultation time to speak with one of our lawyers. You can meet with us in person, via Zoom or telephone. Following this, we will send you paperwork that confirms our engagement to represent you.
We will prepare written submissions in support of your visa application. This will be based on your individual circumstances, and supported by evidence where appropriate.
We submit your application to the relevant body (Department of Home Affairs, courts or tribunal). We will continue to update you concerning the status of your application.
We will keep you informed about your application, and notify you of the outcome. If you receive an unfavourable outcome and we can reapply, we will!
The processing times for subclass 820 Partner visas can take between three months and nine months. Processing times are subject to the complexity of your case, the completeness of your application, and the caseload being processed by the Department. At Australian Migration Lawyers, our goal is to submit high-standard, comprehensive applications that are as complete as possible to help reduce delays and to seek a successful outcome.
Our legal team at Australian Migration Lawyers are skilled lawyers practising Australian migration law.
As lawyers, we cannot issue guarantees that your partner visa will be granted. The decision rests with the Department of Home Affairs, not any one representative, lawyer, or migration agent. However, our sound understanding of the law means that we are able to put the best case forward to seek a successful outcome.
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We offer professional migration advice and support, no matter where you are based. Those located in Australia have the choice of meeting with us at one of our offices or online, and for those offshore, we are available to you online.
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Read our most commonly asked questions about the subclass 820/801 Partner visas
If your relationship ends during the application period, you may still be eligible for the Partner visa (820/801) in the following circumstances:
If one or more of the above circumstances applies to you, please get in touch with one of our lawyers who will be able to advise you on your options.
Yes, if you have a dependent child (under 18 years of age), you can attach them to your permanent subclass 801 visa application. In the interim, your child must hold a Dependent Child visa, which allows your child to stay with you in Australia until you are ready to apply for your subclass 801 visa.
Please contact us to see how we can help ensure a smooth visa application process for your child.
You will be granted an interim visa called a Bridging Visa A, which you will hold until your subclass 820 is granted. You can work, study and access Medicare on a Bridging Visa A. You are also eligible to apply for a Bridging Visa B, which allows you to travel in and out of Australia while your subclass 820 Partner visa is processing.
No, the subclass 820 visa is a temporary visa. Once granted and the subsequent time has passed (usually two years), you will be eligible to apply for the subclass 801 Partner visa which, once granted, will make you an Australian permanent resident.
The subclass 820 partner visa is a temporary visa that allows you to live and work in Australia until your subclass 801 Partner visa has been decided. Until then, you can legally remain in Australia as long as you continue to meet all visa conditions.
Subclass 820 holders are eligible to access Medicare in Australia, and 801 holders are eligible for full access. Upon receiving an 820/801 grant, please contact Medicare to confirm eligibility specific to your circumstances. Our team is also available to assist you with information.
Yes, Student visa holders need to continue to pay fees and abide by the requirements of the Student visa conditions until that visa expires or the subclass 820 visa is granted, whichever comes first. If you have any questions, our experienced team can assist you.
Perry Q Wood is the Immediate Past President of the Australian Institute of Administrative Law and one of Australia’s leading administrative and migration lawyers. To date, he has been involved in 1,000+ migration and refugee matters.
Tell us about your situation, and we will get back to you shortly. Please note that all free consultations are 30 minutes.
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