Onshore Partner Visa

Partner Temporary visa (subclass 820) and Partner Permanent visa (subclass 801)

You may be eligible for an onshore Partner visa if you are married to, or in a de facto or registered relationship with, an Australian citizen, Australian permanent resident or an eligible New Zealand citizen.

The onshore Temporary Partner visa (subclass 820) allows you to:

If you are granted the onshore Permanent Partner visa (subclass 801), you can:

Two-stage process

A Partner visa usually involves two stages: an application for a temporary Partner visa, and later being considered for a permanent Partner visa. The temporary Partner visa application is also an application for its corresponding permanent Partner visa, and the applicant pays one visa application charge to the Department of Immigration.

Please note you may be eligible to be granted a permanent Partner visa:

Where you are eligible to apply for a 801 visa directly, you must apply from inside Australia.

If you are eligible to be considered for a 801 visa as the holder of a 820 visa, you can be inside or outside of Australia in order to be granted the 801 visa.

Who can sponsor for a Partner visa?

In order to sponsor you for a Partner visa, your partner must be an::

Your partner must usually be over 18 years of age.

Sponsorship limits

Please note that there may be some limitations on your partner’s eligibility to sponsor you depending on their circumstances, particularly if they have previously sponsored or been sponsored by someone for a Partner visa. We recommend that you consult with us in relation to your partner’s eligibility to sponsor you for a Partner visa.

Who can apply for a Partner visa?

You may be eligible to be granted a 820 Partner visa if you can show:

You must usually be over 18 years of age.

Note: relationship registration for the purposes of the onshore Temporary Partner visa (subclass 820) is currently available in NSW, the ACT, Victoria, Tasmania and Queensland. Please consult us for more details about registering your relationship.

Please note that the above list is not exhaustive and other criteria may apply. Please consult us for more details.

You are able to include family members in your Partner visa application if they satisfy particular criteria. Please consult us for more details.

Genuine and continuing requirement

Most of our enquiries are in relation to meeting the test to show that the relationship is genuine and continuing. There are many aspects to this requirement and this is where most Partner visa applications to the Department of Immigration fail. We strongly recommend that you seek legal advice before you lodge your Partner visa application to ensure that you satisfy the requirements prescribed by the Migration Act and regulations.

How we can help with your Partner visa application

The Department of Immigration closely scrutinises Partner visa applications to ensure that they meet the legal requirements for the visa. Failure to do so risks visa refusal as well as significant wasted time and costs for you and your partner. Our experienced Solicitors and Registered Migration Agents can assist you with some of the main issues that arise when applying for a Partner visa including:

Once you are granted a temporary Partner visa, we can also inform you of changes to immigration law and policy once you are eligible to apply for a permanent Partner visa.

How we can help with a permanent Partner visa application

You may be eligible to granted a permanent Partner visa:

We have extensive experience in obtaining temporary and permanent Partner visas for people in a married, de facto or registered relationship.

For quality, friendly and efficient advice regarding a Partner visa application, please do not hesitate to contact one of our experienced Solicitors and Registered Migration Agents today.

This page provides a summary of the 820 and 801 visa as at May 2015. Australian immigration law is complex and it changes on a regular basis. We therefore recommend that you contact us to confirm the requirements for a temporary and permanent Partner visa and speak with one of our experienced Immigration Lawyers and Registered Migration Agents.

Let us help you. Phone: +61 2 8268 4000 or Book a conference