The Partner Visa – Subclasses 820 and 801 allows the spouse or de facto partner (opposite and same-sex) of an Australian citizen, permanent resident or eligible New Zealand citizen, to live in Australia. As a part of a two stage process, successful applicants are initially granted a Provisional 820 visa, and are reassessed 2 years later for the Permanent 810 visa. Both visas are applied for in the same application. In certain circumstances you may be eligible to apply under the Permanent subclass.
These visas will allow you to remain in Australia on the basis of your married or de facto relationship. There are different requirements depending on if you are married, or in a de facto relationship.
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Requirements for the Partner Visa (Provisional and Permanent) – Subclasses 820 and 801
You must be in Australia to apply for this visa. If you are outside of Australia, you may be able to apply for the Partner Visa Subclasses 309 (Provisional) and 100 (Migrant) visas which have similar requirements to the onshore visas described here. Results Migration can assist you in determining which is the appropriate visa for you.
If you are married:
- Your marriage must be legal under Australian law. If you were married outside Australia, and your marriage is valid in that country, it will usually be considered legal under Australian law.
- Non-recognised marriages in Australia would include: same-sex marriages (see de facto below), underage or polygamous marriages.
If you are in a de facto relationship:
- Your de facto relationship must have existed for at least 12 months before applying for this visa.
- Same-sex couples can apply under this subclass and use the same criteria.
You must show a mutual commitment to a shared life as husband and wife (or as de facto partners) to the exclusion of all others:
- You and your partner must be living together or, if not, any separation of living arrangements must only be temporary;
- You must have a genuine and continuing relationship with your partner; and
- You must comply with certain health and character requirements.
Entitlements of the Partner Visa (Provisional and Permanent) – Subclasses 820 and 801
- The subclass 820 (provisional) visa will allow you to:
- Remain in Australian until a decision has been made about your permanent Partner visa;
- Work in Australia;
- Study in Australia, but with no access to government funding for tertiary study;
- Be a part of Australia’s scheme for health-related care and expense, by enrolling in Medicare; and
- After approximately two (2) years after you lodge your Provisional visa application, you will be assessed for the subclass 801 (Permanent) visa. If this is granted you can:
- Stay in Australia indefinitely, and travel to and from Australia without restrictions;
- Work and study in Australia;
- Apply for Australian citizenship once you become eligible;
- Sponsor relatives; and
- Receive some social security payments.