Important information: For Permanent Stage Partner Visas, an English test is required.
On April 17, 2019, the new sponsored family visa and adjustments to family sponsor approval will go into effect. On April 17, 2019, we were informed that these changes will not affect Partner visas, and that present arrangements will continue to be in effect.
There is no timetable for expanding the new sponsorship framework to other family visas at this time, thus existing visas, including partner visas, will continue to operate as usual from April 17, 2019.
At this time, the new Sponsored Family Visa modifications, which are set to take effect on April 17, 2019, will only apply to the new Sponsored Parent (Temporary) 870 visa.
When the changes to Partner visas go into effect, Sponsorships will have to be filed first and approved before Partner visas may be filed. If you want to apply for a Partner visa, we urge that you schedule an appointment to discuss and understand how these changes may affect you.
Temporary to permanent residency in Australia is a feature of the 820/801 partner visa.
Partner visas (subclasses 820 and 801) allow an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia with their partner or spouse.
The temporary Partner visa (subclass 820) is first issued and allows you to stay in Australia for 24 months; after that, you may be eligible for a permanent Partner visa (subclass 801).
Eligibility
You must be married to or in a de facto relationship with one of the following:
- A citizen of Australia
- A permanent resident of Australia
- A citizen of New Zealand who qualifies
If you meet the following criteria, you may be given an 820/801 visa:
- Under Australian law, your marriage must be legal. If you are 16 or 17 years old, this implies you must have parental authorization.
- For at least 12 months, you must have been in a de facto partnership.
- If you are currently residing in Australia at the time of your application.
- You already have another form of visa, such as a student, visiting, or working holiday visa.
- You do not have the criterion “8503 – No further stay.”
- Ensure that you are in good health and have a good moral character.
To apply for a de facto partner visa, you must establish that you have lived with your partner for a period of 12 months. For the following categories of visas, the 12-month cohabitation requirement also applies when a spouse is included:
- Visas that are valid indefinitely
- Competencies in Business (Provisional)
- Visas for students
- Visas for partners
- Visas for General Skilled Migration
If you register your relationship in an Australian state or territory, however, you are free from the 12-month obligation. You’d have to establish that you’ve been living together for at least a year, but not necessarily for that long.
Registration ensures that you and your partner are legally recognized as a couple under state law, as well as being useful for immigration considerations. The following are typical requirements:
- Both parties must be at least 18 years old.
- They must not be in a pair relationship with another person – this includes being married, in a de facto relationship, or in a registered relationship.
- There must be no family ties.
- Couples of both sexes are welcome to register their connection.
Relationship of a long duration
If you have been in a long-term relationship with your partner (three years of living together or two years of living together with a kid), your permanent Partner visa (subclass 801) may be issued immediately after your temporary Partner visa (subclass 820).
If your visa is about to expire,
If you have already submitted your application, you can stay in Australia on a Bridging visa.
Age
If you are married, you must be 18 years old or older at the time of application. This is because, in most cases, your marriage must be valid under Australian law if you are 18 or older.
You must be 18 years old or older to apply if you are a de facto partner.
Your connection/relationship
You must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen’s spouse (married) or de facto partner.
If your relationship ends after you submit your application, you may still be qualified.
Sponsor
Unless your partner is under the age of 18, you must have a sponsor who will be your partner.
Government of Australia debts
Any outstanding debts to the Australian government must have been paid or arranged to be paid.
Visas that have been revoked or denied
If you have had a visa revoked or refused while in Australia, you may be unable to apply for this visa.
Criteria for obtaining a permanent Partner visa (subclass 801)
- a partner visa that is only valid for a certain time (subclass 820)
- Unless your relationship with your husband or de facto partner has dissolved and there are specific circumstances, you should continue to be in it.
- While on your temporary visa, you have complied with all Australian rules.
What you can do to help
The temporary Partner visa (subclass 820) allows you to stay in Australia until your permanent Partner visa is approved (subclass 801).
Cost
Starting at AUD 7000.
From AUD 1170 if you have a Prospective Marriage visa (subclass 300).
You pay a single price that covers both the permanent and temporary visas when you submit your application. Visa application fees are usually non-refundable, even if you withdraw your application or your visa is denied.
Additional members of the family
Any minors seeking for a visa with you will be charged a fee.
Other expenses
If you require them, you will be responsible for additional fees such as health exams, police certifications, and biometrics.
Location
You must be in Australia when you submit your application and when the temporary Partner visa decision is decided (subclass 820).
When a decision on the permanent Partner visa is made, you might be in or out of Australia (subclass 801).
If you want to lodge your application while you are outside of Australia, you can do so in one of two ways:
- a visa for prospective marriage (subclass 300)
- a Visa for Partners (subclass 309 and 100).
More information on partner visa alternatives is available.
What is the duration of the visas?
The Partner visa (subclass 820) is only valid for a limited time. It lasts from the time it is issued until your permanent Partner visa is decided (subclass 801).
The Partner visa (subclass 801) is a long-term visa that can be extended indefinitely. It begins on the date on which it is granted.
Family
Your dependent children or stepchildren can be included in your application.
Your dependent children or stepchildren can be included in your application.
Your children will have the same privileges and visa conditions as you if you are given the visa.
Your responsibilities
You and your children must abide by Australian laws as well as the terms of your visa. Your visa criteria can be found on VEVO.
Sponsorship restrictions
If you have or have had certain visas and certain circumstances apply to you, you may not be able to sponsor.
What is the duration of the sponsorship?
After your partner receives their Partner visa, your sponsorship will terminate two years later (subclass 820).
Even if the permanent Partner visa (subclass 801) is given right after the temporary 820 visa, this is the situation.
