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- Partner Visa Onshore (Subclass 820 and...
The Partner Visa Stream allows married and de facto (opposite and same sex) partners of Australian citizens, Australian permanent residents or eligible New Zealand citizens to enter and/or remain in Australia.
When applying for this visa 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
- be in Australia when you apply for this visa and when we decide your temporary visa application. Family who apply with you must also be in Australia
To be eligible for this visa you must:
- Not had a visa cancelled or an application refused
You might not be eligible for this visa if you have had a visa cancelled or refused while you were in Australia.
- Meet relationship requirements
In most cases, 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.
You might still be eligible for the visa if your relationship breaks down or your sponsor dies while we are considering your application.
- Married applicants
To be a married applicant:
- you and your spouse must both be committed to a shared life together to the exclusion of all others
- your relationship with your spouse must be genuine and continuing
- you must live with your spouse or do not live apart on a permanent basis
- your marriage must be valid under Australian law
To find out if your marriage is valid under Australian law, contact the relevant state or territory agency for births, deaths and marriages.
- De facto partners
To be a de facto partner, you must be in a de facto relationship. This includes:
- you are not married to each other
- you are committed to a shared life to the exclusion of all others
- your relationship is genuine and continuing
- you live together or do not live separately and apart on a permanent basis
- you are not related by family
Usually your de facto relationship must have existed for at least 12 months immediately before you apply for the visa. Time spent dating or in an online relationship might not count as being in a de facto relationship.
The 12-month requirement will not apply if you can show us compelling and compassionate circumstances exist to grant the subclass 820 visa.
The 12-month requirement also will not apply if:
- your partner holds or held a permanent humanitarian visa
- your de facto relationship existed before we granted their visa
- your de facto partner told us about the relationship before we granted their visa
It also will not apply if you:
- are in a de facto relationship with a partner who is an applicant for a permanent humanitarian visa, or
- you have registered your relationship with an Australian authority such as a registry of births, deaths and marriages
You might still be granted the temporary visa if your relationship has broken down or if your sponsor died.
- Have a sponsor
You and anyone who applies for the visa with you must have a sponsor when you lodge your application and when you are on this visa.
The Department Home Affairs must approve your sponsor. There are limitations on approval.
You can’t change your sponsor. The person who sponsors you when you apply for the visa must be same person who sponsors you for 2 years after the Subclass 820 Partner visa grant.
- Be the right age
Married applicants must usually, be 18 or older when they apply. This is because usually, you must be 18 or older to be married under Australian law.
Applicants in de facto relationships must be 18 or older when they apply.
- Meet the health requirement
You, and any members of the family unit or dependent child who applies for the visa with you, must meet The Department Home Affairs health requirement. Family members who don’t accompany you to Australia might also need to meet our health requirement.
- Meet the character requirement
You, and any members of the family unit or dependent child who applies for the visa with you, must meet The Department Home Affairs character requirement.
- Pay your debts to the Australian Government
If you or any family members (including those who don’t apply for the visa with you) owe the Australian government money, you or they must have paid it back or arranged to pay it back.
- Best interests of the child
The Department Home Affairs may not grant this visa if it is not in the best interests of an applicant under 18.
- With this visa you can
- stay in Australia until The Department Home Affairs decide your permanent Partner (Migrant) visa (subclass 801) or that application is withdrawn
- work in Australia
- study in Australia (you will not receive government support)
- travel to and from Australia as many times as you want
- attend up to 510 hours of free English language classes provided by the Adult Migrant English Program
- enrol in Australia’s public health care scheme, Medicare
Visa Entitlements
If you are in a committed marital or de-facto relationship for 3 or more years with your sponsor or you and your sponsor have a child from your relationship and have been together for 2 or more years you can be granted a permanent Australian partner subclass 801 visa. If you are married or in a de-facto relationship but cannot meet the above relationship criteria you will be granted a subclass 820 partner visa for Australia and will be eligible to apply for permanent residence 2 years after your application was submitted to the Department of Home Affairs (DHA).
Successful applicants and holders of an Australian Partner (Permanent) visa become permanent residents of Australia. Australian permanent residents are entitled to live, work and study in Australia on a permanent basis. Additional benefits of Australian permanent residence include access to government-subsidised healthcare (Medicare), certain social security benefits and the ability to apply for Australian citizenship.
Our Services
Visa Globe migration agents will assist you in choosing the best visa option for you and develop a lodgement strategy which takes into consideration your individual situation. We will guide you through the entire visa process, from collating the initial documents required, through to acting as your appointed representative in all dealings with Department of Home Affairs (DHA). until your visa application is finalised.