ON SHORE 820 PARTNER / SPOUSE VISA
The partner visas Australia stream is designed for applicants who are either intending to marry or who are already in a married or de facto relationship with, an Australian partner. An ‘Australian partner’ for this purpose means an Australian citizen or permanent resident visa holder, or an eligible New Zealand citizen. These visa options are also available to applicants who are in same-sex relationships.
Getting this visa is the first step towards a permanent Partner visa (subclass 801).
There is also a Spouse visa Subclass 309 visa is a temporary partner visa that allows you to live in Australia. The Subclass 309 visa is the first stage towards a permanent Partner Visa (Subclass 820/801 or offshore 309/100). Applications are processed in two stages, about two years apart.
WHAT KIND OF RELATIONSHIP?
PARTNER / SPOUSE VISA SUBCLASS 820/801
What Are The Partner Visa Options?
The Partner Visa has three visa subclasses:
- Subclass 820/801 Partner visa (onshore); and
- Subclass 309/100 Partner visa (offshore).
- Subclass 309 Fiance – Prospective Marriage visa
All options provide a pathway to permanent residence.
How Do You Apply For A Partner / Spouse Visa?
For both the onshore and offshore partner visa options, you are required to lodge an application and sponsorship. At the first processing stage, you will be assessed for the temporary partner visa in Australia. If your application is successful and the visa is granted, you will be permitted to stay in Australia with your partner whilst you await a decision on the permanent visa. You can apply for a permanent partner visa once 2 years have passed since lodgement of your temporary visa.
WHERE TO APPLY?
Apply In Australia
If you apply for an onshore partner visa, you will be granted a bridging visa, which will allow you to remain lawfully in Australia while you are waiting for visa decision. As bridging visas are a complex area of the law, we would recommend that you seek further information and advice on your visa status and how the bridging visa will apply to you, based on your personal situation.
An important aspect of lodging an onshore partner visa application is to first ensure that you can validly lodge the application in Australia and that you meet the time of application requirements. Schedule 3 criteria prescribe additional requirements for the grant of the onshore partner visa.
Apply Outside Australia
If you lodge an offshore partner visa application, you will be permitted to enter Australia upon grant of the subclass 309 temporary partner visa Australia. Given the extended processing times that normally apply, you might consider applying for another class of visa, such as a visitor visa, to enable you to visit your partner whilst you await a decision on the temporary partner visa application (provided you are eligible).
Upon grant of the offshore temporary partner residence visa, you can lawfully reside in Australia until your permanent partner visa Australia application is decided. However, you must be offshore while the visa is granted.
A NOIM is a Notice of Intended Marriage form that must be signed by both partners one month prior to your wedding. Australian marriage law states that, regardless of your country of birth, you must sign the NOIM and have your nominated celebrant submit it. The NOIM is valid for 18 months. It is required for Prospective Marriage visa subclass 300.
The Temporary Partner visa allows you limited benefits, including:
- Live and work in Australia until a decision is made about your permanent Partner Visa (Subclass 801)
- Enrol in Medicare, Australia’s scheme for health-related care and expenses
Offshore visa 309/1– doesn’t have those benefits.
There are two types of Partner Visas: Subclass 820 and Subclass 801. The Subclass 820 visa is a temporary partner visa that allows you to live in Australia. The Subclass 820 visa is the first stage towards a permanent Partner Visa (Subclass 801). You apply for both visas at the same time and pay only one application charge. Applications are processed in two stages, about two years apart.
You must prove an ongoing and genuine relationship. It can be done if you are married or you can register a relationship or if you have evidence of a long-lasting relationship. 12 months of a relationship is the only guideline and in each case, it can be interpreted differently.
Processing time for the partner visa first stage takes approximately 18 months. Once your visa is granted you may apply for a Permanent partner visa. Our observation shows usually for not married couples longest take to get evidence together.
It is a big question and many things to consider. You will need to think about how long are you in a relationship, will you apply in Australia or offshore. Read our page or contact us to find out more.
No, you don’t need to be engaged to apply for fiance visa however, need to show your intent to get married within 9 months after visa is granted.
No, you don’t have to be married to your partner but you must be in genuine relationship. You may be eligible for partner visa when you are engaged or in de facto relationship.
No, English test is not required, but you may be asked by Immigration department how do you communicate with your partner.
No, 820 partner visa is a temporary visa leading you to 801 visa which is permanent.
To apply for a 820 Partner visa to Australia:
- You must be in a genuine relationship with your spouse or de facto partner who is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
- You must be in Australia when you apply for this visa and when we decide on your temporary visa application. The family who applies with you must also be in Australia
You can include family in your partner visa:
- include family members in your application when you apply
- add family members to your application after you apply but before we decide on your visa
For partner visa, family members are:
- your dependent child or stepchild
Family members who apply for the visa with you must meet our health and character requirements.
Family members who do not apply for the visa with you might also have to meet the requirements.
To apply for a partner visa, 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.
Long term and genuine relationship:
You and your sponsoring partner must demonstrate the following:
- you have a mutual commitment to a shared life to the exclusion of all others;
- your relationship with your sponsoring partner is genuine and continuing;
- you must either live together or not live separately and apart on a permanent basis with your sponsoring partner; and
- you and your sponsoring partner must not be related by family.
Sponsor for a Partner visa.
- First, you can sponsor a maximum of two people for a Partner or Prospective Marriage Visa over your lifetime.
- If the prospective sponsor was granted their permanent Contributory Parent category visa on or after 1 July 2009
- If you have been charged with a registrable offense.
- You must be 18 years of age to be eligible to be approved as a sponsor for a Partner Visa
Your relationship will be tested in living together, socializing, and sharing financials together categories.
820 Partner visa is a temporary visa until your 801 Partner visa is granted.
Subclass 801 is permanent and once you have it, you may stay in Australia indefinitely. later on you may apply for Australian Citizenship.
While you are waiting or you are on Partner visa subclass 309, you must stay outside of Australia unless you applied for other visa allowing you to stay onshore.
With 100 Partner Permanent visa:
- You can live, work and study in Australia indefinitely
- You can sponsor eligible family members to come to Australia
- You can apply for Australian citizenship when eligible
How much cost visa to Australia
When you apply for an 801 Partner visa you don’t have to pay the visa fee. You paid for this visa when you made your combined application for the temporary and permanent partner visas.
You will also have to pay for Australian Federal Police, medical examination, and police clearance from other countries you were living in. Australian Sponsor is also required to apply for AFP.
Subclass 820 has to be lodged onshore so once the application is lodged you will be granted a bridging visa. Deepens on your situation, bridging visa may have different conditions.
Bridging Visa A will allow you to stay, work, and travel ( BVB) until the 820 visas is decided.