Partner Migration Onshore (820 & 801)

Facebook
Twitter
LinkedIn
WhatsApp
Telegram

Partner Temporary Visa (Subclass 820) and Permanent visa (subclass 801) for applicants in Australia

(Partners of students and other temporary residents can apply for corresponding temporary visas to join their spouses here.) 

These visas are for people to stay in Australia with their partners, who are Australian citizens, Australian permanent residents or eligible New Zealand citizens. The partner visa option for you is Subclass 820/801 visas. Two years after you have applied for the partner visa initially and if the relationship is still genuine and continuing, a permanent visa (Subclass 801) may be granted.

Meet relationship requirements  

Not had a visa cancelled or an application refused

In most cases, you must be the spouse or de facto partner of an: 
  • Australian citizen
  • Australian permanent resident or
  • eligible New Zealand citizen 
 
Your relationship can be with someone of the same or different sex. 
 
You might still be eligible for the visa if  your relationship breaks down or your sponsor dies while we are considering your application.

Be the right age

Married applicants must usually, be 18 or older when they apply. This is because usually, you must be 18 or older to be married under Australian law.

Applicants in de facto relationships must be 18 or older when they apply.

Meet health requirement

You, and any members of the family unit or dependent child who applies for the visa with you, must meet health requirement. Family members who don’t accompany you to Australia might also need to meet health requirement.

Meet character requirement

You, and any members of the family unit or dependent child who applies for the visa with you, must meet character requirement.

Pay your debts to the Australian Government

If you or any family members (including those who don’t apply for the visa with you) owe the Australian government money, you or they must have paid it back or arranged to pay it back.

Best interests of the child

The visa might not be granted if it is not in the best interests of an applicant under 18.

  • You must have a sponsor when you lodge your application and when you are on this visa.
  • We must approve your sponsor. There are limitations on approval.
  • You can’t change your sponsor. The person who sponsors you when you apply for the visa must be same person who sponsors you for 2 years after we grant your temporary 309 Partner visa
  • You can’t change your sponsor. The person who sponsors you when you apply for the visa must be same person who sponsors you for 2 years after we grant your temporary 820 Partner visa.

To be a married applicant:

  • you and your spouse must both be committed to a shared life together to the exclusion of all others
  • your relationship with your spouse must be genuine and continuing
  • you must live with your spouse or do not live apart on a permanent basis
  • your marriage must be valid under Australian law

To find out if your marriage is valid under Australian law, contact the relevant state or territory agency for births, deaths and marriages.

To be a de facto partner, you must be in a de facto relationship.

  • you and your partner are in a de facto relationship if all these apply:
  • you are not married to each other
  • you are committed to a shared life to the exclusion of all others
  • your relationship is genuine and continuing
  • you live together or do not live separately and apart on a permanent basis
  • you are not related by family

Usually your de facto relationship must have existed for at least 12 months immediately before you apply for the visa. Time spent dating or in an online relationship might not count as being in a de facto relationship.

The 12-month requirement will not apply if you can show us compelling and compassionate circumstances exist to grant the subclass 820 visa.

The 12-month requirement also will not apply if:

  • your partner holds or held a permanent humanitarian visa
  • your de facto relationship existed before we granted their visa
  • your de facto partner told us about the relationship before we granted their visa 

It also will not apply if you:

  • are in a de facto relationship with a partner who is an applicant for a permanent humanitarian visa, or
  • you have registered your relationship with an Australian authority such as a registry of births, deaths and marriages

You might still be granted the temporary visa if your relationship has broken down or if your sponsor died. 

Book your appointments now

Talk to Experts

Need assistance in your next visa application process?

If you need to apply for a visa and want the process as smooth of an experience possible, talk with one our Migration Experts. Alongside their expert knowledge about migration laws they will make sure your application goes through quickly so that all eyes can stay on what really matters you.

Get in Touch With Us

Location

Level 3, 83 York Street Sydney NSW 2000

Phone

02 9286 8700