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Partner Visa(Subclass 820/801)

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What is a Partner Visa in Australia?

A partner visa in Australia lets a person come, work and study in Australia if the person is a spouse or a de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen. The visa system is the only way that partners and fiancees who have the need to develop their family lives in Australia can be granted temporary visas at the beginning of their stay and then be given permanent ones further down the line.

This visa recognises and encourages family integrity, and increases and develops family ties with Australia, highlighting this country’s dedication to multicultural families. It covers any couple who are legally married with a spouse visa as well as those civil partnerships including the same sex. Partner visa is also a two-visa scheme where the applicant first gets a temporary visa (subclass 820) followed by a permanent visa (subclass 821) if he or she meets certain requirements within the temporary visa period.

This way, Australia avails itself of this visa to maintain family unity and love ones and, at the same time, offer an opportunity for successful integration into Australian society.

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Types of Partner Visa

In Australia, applicants use one application for a temporary partner visa Subclass 820, and a permanent partner visa Subclass 821. These visas are composed of a two-part sequence with the temporary visa being the first step toward gaining a permanent resident visa. Let us explore the two subclasses in detail:

Partner Visa (Temporary) Subclass 820


The partner visa can be applied for in two primary categories and thus the first one is called the Subclass 820 Visa. This visa enables applicants to be in Australia temporarily as they wait for a permanent visa decision to be made. The purpose of this visa is to primarily provide temporary status where the applicant expects to gain eligibility for permanent status in the near future. At this time they are allowed to work and enjoy many other privileges in Australia provided they meet certain conditions.

Nonetheless, with Subclass 820, applicants are allowed to live in Australia while waiting for the partner visa subclass to be processed. This visa takes 6-28 months to process depending on the case a client presents and how detailed the application is. This visa also entitles the applicants to access Medicare – Australia’s universal health care system, work and study during the time the decision is being processed.

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Partner Visa (Permanent) Subclass 821


The Subclass 821 Visa is the second and last part of the partner visa categories that allow the applicant to permanently reside in Australia. Once the applicant has proven the continuing relationship and undergone all the legal requirements, the applicant migrates from a temporary Subclass 820 visa to a Subclass 821 visa.

Further, the Subclass 821 visa enables visa holders to live in Australia permanently together with the privilege of working and studying within the country. Along with full Medicare entitlement, this visa brings social security and a chance to apply for Australian citizenship after meeting living residency. Although times to process the permanent partner visa differ, they usually take between 10 to 26 months within which the applicant must meet the necessary requirements.

Requirements


Applicants planning on a partner visa must meet certain criteria and provide ample supporting material for partner visas. Below are the core conditions for both the temporary and permanent stages of the partner visa process:


Basic Eligibility


Applicants need to have adequate evidence that they are in a de facto relationship or a dependent spouse of an Australian citizen, permanent resident or a citizen of eligible New Zealand. This relationship has to be direct, continuous and documented. All must have complied with Australia’s health and character requirement and show they could financially support themselves while in Australia.

Eligibility Criteria for Temporary Visa


As for the Subclass 820 visa, the couple is required to prove the existence of their relationship. This includes substantiation of finance issues, living together and other socially acceptable documentation that received parties are in a relationship. If applicants are in a de facto relationship, they must have lived together for at least one year before applying unless there are circumstances beyond the parties control.

Its rules anticipate that the applicants live together or, if apart, demonstrate that they are apart temporarily and are not experiencing relationship problems. Moreover, they have to satisfy both the health and character requirements for entry into Australia or applying for a visa request, having medical tests and police reports.

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Eligibility Criteria for Permanent Visa


Permanent visa applicants need to satisfy the requirements which have been set down regarding the Subclass 821 visa at the temporary visa stage. It has to produce fresh documents to confirm a continued relationship to prevent the accounts from being fabricated and fake.

Another requirement of the permanent partner visa is compliance with the law in Australia, and provision of new character reports where necessary. The applicant and their sponsoring partner have to maintain their relationship from the period in which the permanent visa is being processed.

Key Documents Required


To support their application, applicants must submit a range of documents that demonstrate their identity, character, and relationship. These include:


  • Identity documents such as passports, birth certificates, and official photographs.

  • Relationship evidence, including marriage certificates, joint bank account statements, shared utility bills, and photos of shared life events.

  • Financial evidence showing shared expenses, joint investments, and loan documents.

  • Social proof in the form of statutory declarations from friends and family who can attest to the legitimacy of the relationship.

  • Character documents, such as police clearances from every country lived in for at least 12 months over the past 10 years.

  • Medical assessments conducted by a panel-approved doctor.

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How to Apply for a Partner Visa?

A partner visa application procedure comprises a number of steps and thus calls for extensive preparation in order to provide the necessary attention to details. Below is a detailed guide to the steps involved:



  • Initial Assessment

    The first part in the process is to establish whether the applicant and the intended partner qualify for the visa depending on the closeness of the relationship and paperwork to support the relation. This stage applicants should ensure they have all the general requirements for temporary and permanent visas.




  • Lodging the Application

    The application has to be lodged through a personalized ImmiAccount on the website of the Department of Home Affairs. All documents have to be provided in the submission process, including the visa application fee which has to be paid. Unlike the Subclass 820 Visa, the Subclass 821 Visa is filed jointly and together with the Subclass 820 visa.




  • Document Verification

    Applicants may also be asked to provide other documents or sit interviews once they have applied. The Department of Home Affairs will confirm all documents including relationship documentation and character clearances as presented by the applicant. One must make sure to reply to any queries on the matter as soon as possible to do as the requestors of pro forma shall deserve.




  • Visa Processing Timeline

    The stay in the partner visa application depends on the different circumstances of the applicant. Temporary partner visas (Subclass 820) normally take 6 to 28 months, permanent visas (Subclass 821) take about 10 to 26 months depending on the fulfillment of the initial requirements for eligibility. There is also an option that applicants can apply for the Resident Returning Visa while their spouse visa is still being processed and they can legally stay in Australia on a bridging visa.




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Understanding De Facto Relationships


A de facto relationship may be described as a status where two people cohabit in a genuine domestic partnership although they are not lawfully wed. This type of relationship is acknowledged in the process of applying for a partner visa and entails rigid proof admissibility.

It is important to note that before clients qualify for a de facto visa they must show that their relationship has existed for a period of at least one year prior to the application for the visa. Even here there could be exceptions like the couple has a child and that the union is recognized by a state or territory law.

To obtain a de facto visa, one needs to provide evidence of residing together, tenancy agreement, utility bills, financial statements illustrating shared expenditure and letters of support from friends and relatives. Hence, photos and travel records may be used to support evidence that shows how long and how strong the relationship was.

How Grace International Education and Migration Can Help?


To apply for the partner visa may not be a walk in the park due to its strict procedures and paperwork. Grace International Education and Migration provides partner visa services to our clients. The sequence of the procedures, including the initial evaluation and the final approval of the application is completed by our team of proficient migration agents.

Grace International caters for each client’s needs and makes sure that all the necessary proofs are prepared and submitted in the right manner. This is where our expertise comes into play in that we reduce the time it takes to facilitate the same and consequently increase the chances of success. So now it doesn’t matter what kind of visa you need or how difficult it may be to get it, you will have us by your side to guide you.

Ready to start your partner visa process? Call Grace International now and receive a consultation for help to begin your journey to being reunited with your family in Australia.

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Frequently Asked Questions


  • You can remain in Australia indefinitely.
  • You can work in Australia.
  • You can study in Australia.
  • You can register for Medicare, public healthcare scheme in Australia.
  • You can sponsor family members to enter Australia.
  • You can travel in and out of Australia for 5 years.
  • You can apply, if eligible, for Australian citizenship and attend free English language classes given by Adult Migrant English Program.

  • You will have the permission to travel to and fro in Australia for five years from the date the Department of Home Affairs grants you the visa.
  • After the initial five years, you will need to apply for and be provided a Resident Return (RRV) to re-enter Australia.
  • You can also consider applying for Australian citizenship to avoid such hassle. You can check eligibility requirements for citizenship here.


*See your travel facility date and when it ends here.

  • The visa is permanent and permits you to stay in the country indefinitely.
  • You will be given permanent residency the day this visa is granted.
  • If you are outside Australia, your permanent residency starts on the day you enter the country.

The 5-year rule relates to the examination of the period of time of the relationship and the circumstances to determine the credibility of the relationship.

  • When you apply for the combined temporary and permanent visa, your dependent child can be included in your application.
  • In case you did not include your dependent child, you can still add them to your application before the decision on your subclass 801 is made provided the child holds a Dependent Child visa (subclass 445) and is in Australia.
  • They must meet the Department of Home Affair’s health requirement and if the child is above 16, they must also meet a character requirement.

*Attach Form 1003 Application by subclass 445 dependent child for a permanent partner visa to your ImmiAccount after completion.

Some of the things that you might be able to present include joint financial obligations, living arrangements,photos and statutory declarations from friends and family members.

The temporary 820 visa is generally processed within 7-12 months. After 2 years on the 820, applicants apply for the permanent 801 stage.

Your Australian sponsor must be able to meet minimum income thresholds and show adequate funds to support themselves and their partner.

Yes, applicants must demonstrate an ongoing de facto relationship of at least 12 months prior to lodging the application.

There are no set English language test requirements for the 820/801 visas, however functional English ability may be assessed.

The Subclass 820 visa cannot be extended, although once qualified, applicants are able to move on to the Permanent Subclass 821 visa.

No, Subclass 820 visa is a temporary partner visa only. But, applicants are allowed to be in Australia through a Bridging Visa A up to the time they are given a decision on their Subclass 820 visa application.

Yes, you can purchase property in Australia while holding a Subclass 820 visa, though you may need Foreign Investment Review Board (FIRB) approval.

Yes, Subclass 820 visa holders are entitled to access Medicare, which is the public healthcare system in Australia.

A de facto visa applies to couples who are not legally married but live together on a domestic basis, while a partner visa includes both married and de facto partners.

Yes it is possible to be in Australia on bridging visa A while waiting for partner visa approval.

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