Onshore Partner Visa (Subclass 820 visa & 801 visa)
If you are married to, or in a de facto relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen of same sex or opposite sex, you may be eligible for partner visas to live together with your spouse or partner in Australia as a permanent resident.
- If you are in Australia and hold a valid substantive visa, you can make a combined application for Subclass 820/801 Partner visas in Australia at the same time. Certain applicants in Australia without a valid substantive visa might still be able to apply for Subclass 820/801 Partner visas. Contact us for more details.
- If you are currently outside of Australia, you will need to come to Australia before you can make an application for onshore Partner Visas. Alternatively, you may wish to apply for offshore Partner Visas (Subclass 309/100).
Although Subclass 820 & 801 Partner visas are lodged at the same time, they are assessed and granted in 2 separate stages for relationship that is not a long-term partner relationship. The processing of Subclass 801 Partner (Permanent) visa will only commence after at least 2 years has passed since the date of Subclass 820/801 Partner visas application. This is to ensure only partner with genuine & committed relationship is eligible to become an Australian permanent resident. Long-term partner relationship can be 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;
- at least 3 years if without a child in the relationship.
Those who arrived in Australia on subclass 300 Prospective Marriage visa need to marry the sponsoring partner and apply for onshore Partner visa within 9 months of receiving the 300 visa. Some of the advantages for this pathway are:
- Partner visa applicant can live in Australia together with the Australian spouse while waiting for Subclass 820/801 visas to be processed.
- While in Australia, partner visa applicant can usually work without restrictions in most circumstances.
- While in Australia, partner visa applicant may apply to enrol in Medicare, Australia’s health care scheme.
Average Processing Time 2020 – 2021
The current average processing time is as below:
- subclass 820 Temporary Partner Visa is about 17 months for 75% of all the visas application, and 23 months for 90% of all the visa applications.
- subclass 801 Permanent Partner Visa is about 11 months for 75% of all the visas application, and 19 months for 90% of all the visa applications.
However individual processing time does vary based on the specific circumstances of the applicant and sponsor, as well as the quality of the application presented to the Department of Home Affairs. Many applications are actually processed much faster than the average processing time.
If you wish to have your visa application presented in the best quality and would like to ensure the application can be processed timely, we suggest you contact our experienced Registered Migration Agents to manage your files.
If you have already lodged the files, and now would like to get a professional to review your application or help to escalate your application, Ausdirect Migration is the right team to help you. We have helped many clients successfully accelerate their visa applications, and have a number of clients got their visas application within a week after engaging us! Though we cannot guarantee visa grants in a specific timeframe, we are very proud and confident that our professional service will surely help you improve the quality and fast track the application!
Information Sheet for 820 visa and 801 visa.
Subclass 820/801: Partner Visa (Onshore)
Partner visa applicant that has been in a long-term partner relationship with the sponsoring partner will be granted permanent Subclass 801 visa in a 1-step process.
Long-term partner relationship is a relationship that has continued for:
- at least 2 years if there is a dependent child of both the applicant and the Australian spouse/partner;
- at least 3 years if without a child in the relationship.
- For Subclass 820 Partner (Temporary) visa:
- Temporarily until Subclass 801 Partner (Permanent) visa is granted.
- For Subclass 801 Partner (Permanent) visa:
Indefinitely with 5-year travel facility after which you may need to apply for Subclass 155 or 157 Resident Return visa to extend your travel facility.
You may consider applying for Australian citizenship for unrestricted travel facility once eligibility criteria are met.
Apply from...All applicants must be in Australia, but not in immigration clearance, to make a combined application for Subclass 820/801 visas and to be granted the Subclass 820 Partner (Temporary) visa.
If Subclass 801 visa hasn't been granted in a 1-step process, Subclass 820 visa holder can be in or outside Australia, but not in immigration clearance, to be granted the Subclass 801 Partner (Permanent) visa.
Applicant who has applied for Subclass 820/801 Partner visa can...
- enrol in Medicare, Australia’s universal health insurance scheme with access to a wide range of health and hospital services at low or no cost even before the partner visa grant.
- any person who met the eligibility criteria outlined in "Eligibility Criteria" tab on this page (hereinafter referred to as "the Primary Applicant");
- the member of family unit of the Primary Applicant, e.g.: children who are still dependent on the Primary Applicant.
Need help with your applications? Contact us today!
Partner visas can be very complex and our team at Ausdirect Migration is experienced in complex cases as follows:
- Applicant does not hold a substantive visa to apply for Subclass 820/801 Partner visas onshore in Australia;
- Relationship with sponsoring Australian spouse/partner ceased due to family violence committed by the sponsor;
- Relationship with sponsoring Australian spouse/partner ceased and has parental responsibility for a child;
- Sponsoring Australian spouse/partner passed away before obtaining a permanent partner visa;
- Sponsoring Australian spouse/partner who previously married unable to complete divorce proceeding before sponsoring new partner;
- De facto relationship of less than 12 months.