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Expertise

Onshore Partner
Visa

The Onshore Partner Visa (subclass 820 and 801 combined application) is a visa that allows a partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia. 

This visa is applied for while onshore in Australia, and a bridging visa can be granted to allow you to stay in Australia while the visa is processing.

What are the requirements for an 820 visa?

The subclass 820 visa is the provisional partner visa that is first granted in the onshore partner visa process.

You must be in Australia at the time of lodging the application, and also in Australia when the visa is being granted after processing.

To be eligible, you must show that you are married to (i.e. are a spouse) or are the de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen. Your partner will need to lodge a Sponsorship application as well to show that they are eligible to be your sponsor for the visa.

Married spouses must show:

  • They are married and the marriage is valid under Australian law
  • They are mutually committed to a shared life together to the exclusion of all others
  • Their relationship is genuine and continuing
  • They are living together or if living apart, it is not on a permanent basis

De facto partners must show:

  • They are not married to each other
  • They are mutually committed to a shared life together to the exclusion of all others
  • Their relationship is genuine and continuing
  • They are living together or if living apart, it is not on a permanent basis
  • Generally, that they have been living together for 12 months immediately before applying for the visa (exceptions may apply to this requirement)

You will also need to meet the health and character requirements.

What are the requirements for an 801 visa?

If you meet the criteria for a partner visa, you will firstly be granted the subclass 820 provisional partner visa. After approximately 2 years from applying for the visa, you will become eligible to be granted the permanent residency subclass 801 visa. In some cases where you have been in a long-term relationship with your partner, you may be eligible for the grant of the subclass 801 permanent partner visa immediately after being granted the temporary visa.

To be granted the permanent residency, you will need to show that your relationship is ongoing, and you continue to be sponsored by your partner.

In certain circumstances, you can still be granted the permanent partner visa where your relationship has broken down before the permanent residency is granted, or if your partner has unfortunately passed away. These might be circumstances such as where there are children from the relationship, or where the relationship broke down due to family violence. This can be a difficult part of the law to navigate, and so it is recommended that you obtain legal advice.

How do I apply for an onshore partner visa? 

Applying for the partner visa is generally done online through ImmiAccount. While applying through paper applications and posting the documents is possible, it is not recommended as applications and documents can get lost, and there can be challenges with keeping track of the application.

Evidence in support of your application that shows your relationship with your partner can also be lodged online electronically.

After you have lodged your visa application, your spouse or de facto partner will need to lodge their sponsorship application. The sponsorship application involves providing evidence that your partner is eligible to sponsor you. Evidence required for sponsorship and circumstances that may affect the sponsor’s eligibility includes:

  • Evidence of Australian citizenship, permanent residency, or of being and eligible New Zealand citizen
  • Age (over 18 years old)
  • Criminal records in Australia and overseas
  • Whether they have sponsored anyone else in the past for a partner visa
  • If they have held any Australian visas in the past, what visas they were and when they were granted

If you have questions about onshore partner visas, book a free 15 minute consultation with one of our immigration  lawyers now and have all your questions answered.

An experienced migration lawyer can make all the difference when you need.

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