Partner Visa (Subclass 820 & 801) – Onshore
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Overview
The Partner Visa subclass 820 and 801 enable the spouse or de-facto partner of an Australian citizen, New Zealand citizen, or permanent resident to live in Australia. The Subclass 820 is a temporary visa, whereas Subclass 801 is a permanent visa. To apply for Subclass 801, you must already hold a Subclass 820 visa.
If you are legally married or in a de facto relationship with your partner, you could meet the eligibility criteria to apply for this visa. It’s possible to acquire a temporary Partner Visa (subclass 820) while working towards obtaining a permanent Partner Visa (subclass 801).
For de facto applicants, there’s a requirement to show evidence of a de facto relationship that has lasted for at least 12 months. However, this requirement can be waived if you register your relationship with the relevant state or territory.
Regardless of the type of relationship, whether married or de facto, both couples will need to demonstrate a genuine and ongoing relationship by providing supporting evidence.
Partner Visa - onshore Requirements:
The requirements for both the 820 visa and Subclass 820 visa play a crucial role in ensuring the successful approval of your visa application and avoiding any potential rejections or denials. These requirements are outlined as follows:
For Subclass 801 Visa:
- To be eligible for the Subclass 801 visa, you must already hold a dependent child visa subclass 445 or a Partner visa subclass 820.
For Subclass 820 Visa:
- Applicants must be at least 18 years old.
- No history of previous visa rejection or cancellation.
- Meeting the health and character requirements stipulated by the Australian government.
- Submission of sponsorship details is also mandatory.
For Both Subclass 801 and Subclass 820 Visas:
- No outstanding debts or financial obligations under your name.
- Meeting the necessary relationship requirements.
- Ensuring the well-being and best interests of any children under the age of 18.
Subclass 820 & 801 Visa Eligibility Criteria:
To be eligible for the Partner Visa 820 & 801, certain specific factors must be met. The eligibility criteria for Visa 820 & 801 are outlined below:
For Subclass 820:
- Visa Status : No history of visa rejection or cancellation should exist in the applicant’s past.
- Sponsorship Details: Both the applicant and any accompanying family members must have a sponsor. This sponsorship must be accepted by the Australian government, and the same sponsor should continue to support the applicant for 2 years after the visa is granted.
- Age Requirement: Applicants must be at least 18 years old.
- Health and Character Requirements: Fulfillment of the health and character requirements mandated by the government is necessary for visa approval. If the authority demands health and character tests for extended family members, they must also comply.
For Subclass 801:
- Visa Holder: You need to be a holder of either a dependent child visa subclass 445 or a Partner visa subclass 820 to qualify for Subclass 801.
For Both Subclass 801 and Subclass 820:
- Outstanding Debts: No outstanding debts under your name should be registered with the Australian government. Any such debts must be paid off prior to application.
- Best Interests of Children: If the visa approval is not in the best interest of the children, it will not be granted.
- Relationship Requirements: You must be in a de-facto relationship or married to an Australian citizen, permanent resident, or New Zealand citizen.
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This Partner visa in Australia grants permanent residency, enabling you to live indefinitely in the country. With this visa, you have the freedom to study and work within recognized institutions or organizations. During the initial 5 years of the 801 visa, you can freely travel to and from Australia. However, if you plan to continue traveling after this period, you’ll need to apply for a Resident Return Visa (RRV) to re-enter the country.
Both the 820 and 801 visas allow for multiple trips to your home country. Additionally, you can access various healthcare services and even partake in free English classes offered through the Adult Migrant English program.
Another advantage is the opportunity to apply for Australian citizenship under the subclass 820 visa, provided you meet the eligibility criteria.
When seeking the Australian Visa 820 and Subclass 801, there are specific conditions to fulfill as outlined below:
- For the Visa 820 application, you must be within the country and not in immigration clearance. Any accompanying family members must also be present in the country during the application process.
- To be eligible for the 801 visa, you should already hold a Subclass 820 visa.
- Additionally, you must either be married to or in a de-facto relationship with an individual who is either an Australian citizen or a permanent resident of the country.
Creating a checklist is crucial for the smooth processing of both Visa Subclass 801 and Partner Visa 820. This checklist ensures that your application is well-prepared and less likely to face rejection.
For Subclass 820:
- Gather all necessary documents, including health and character requirements, sponsorship details, and meeting age criteria.
- Apply online while being within the country.
For Subclass 801:
- If granted immediately after Subclass 820, additional documents are not needed. However, if not granted, necessary details should be submitted.
- The application is reviewed after 2 years from lodging. Ensure documents are sent within 2 months before the 2-year completion, but not before.
For Both Subclass 801 and Subclass 820:
- Approval will provide you with important visa details like grant number and start date.
- In case of rejection, you’ll be notified of the reasons for it.
- Please note that processing fees are non-refundable regardless of the outcome.
The processing duration for the 801 visa and visa subclass 820 depends on several factors, which include:
- Submission of all required documents for the application.
- Accurate and complete filling of the application form.
- Authority’s time needed to verify the provided details.
| Visa Type | 25% of applications processed in | 50% of applications processed in | 75% of applications processed in | 90% of applications processed in |
|---|---|---|---|---|
| Subclass 820 (Temporary) | 6 Months | 11 Months | 25 Months | 34 Months |
| Subclass 801 (Permanent) | 81 Days | 5 Months | 9 Months | 16 Months |
From completing the application forms for Visa 820 & 801 to understanding the intricacies of the regulations surrounding the Partner visa Australia, our team at Crown Migration, known for our credibility and reliability as Migration Agent Australia, is here to guide applicants through the process efficiently. Don’t hesitate to reach out to us for assistance – contact us today!
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