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Onshore 820 & 801

Australia’s Partner Visas (subclass 820 and 801) offer a pathway for eligible partners of Australian citizens, permanent residents, or eligible New Zealand citizens to live, work, and stay in Australia. These visas are part of a two-stage process, with the 820 visa being a temporary permit leading to the permanent Partner Visa (subclass 801).

Key Features of the Partner Visa (820 and 801)

✔️ Temporary and Permanent Residency: The Partner Visa (820) grants temporary residency, which can lead to the permanent Partner Visa (801) if criteria are met.

✔️ Work and Study Rights: Both visa holders can work and study in Australia.

✔️ Eligibility for Medicare: Visa holders gain access to Australia’s healthcare program, Medicare.

✔️ Sponsor Requirements: Applicants must have an eligible partner to act as their sponsor.

Eligibility for Partner Visa 820/801

To qualify for the Partner Visa (subclass 820/801), you must meet specific relationship and residency criteria.

✔️ Relationship Status: You must be married to or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.

✔️ Age Requirement: Both you and your partner must be over 18 at the time of application.

✔️ Sponsorship Requirement: Your partner must act as your sponsor for this visa application.

✔️ Long-Term Relationship: If you have been in a long-term relationship (over three years, or two years with children), you may fast-track to permanent residency.

Key Criteria for the Temporary Partner Visa (Subclass 820)

✔️ Living Arrangement: You and your partner should ideally be living together and demonstrate a genuine relationship.

✔️ Financial Aspect: Evidence of shared financial responsibilities, such as joint bank accounts, can strengthen your application.

✔️ Social Recognition: Proof that your relationship is recognized by family and friends can also support your eligibility.

✔️ If Your Current Visa is Expiring: Applying for the 820 visa grants you a Bridging Visa, allowing you to stay in Australia while awaiting your application outcome.

Eligibility for Permanent Partner Visa (Subclass 801)

The Partner Visa (801) grants permanent residency and requires you to meet additional criteria:

✔️ Duration of Temporary Visa: You must generally have held the 820 visa for two years.

✔️ Relationship Continuity: You and your partner must still be in a committed, ongoing relationship.

✔️ Ongoing Sponsorship: Your sponsor must continue to support your permanent residency application.

Sponsor Requirements and Limitations

Sponsors for Partner Visas must meet specific criteria:

✔️ Sponsorship Obligations: Your partner must be an Australian citizen, permanent resident, or eligible New Zealand citizen who agrees to support you.

✔️ Financial Support: Your partner should demonstrate financial stability and a willingness to support you for at least two years.

✔️ Limitations on Sponsorship: A sponsor may only support two Partner Visa applications over a five-year period. This includes both temporary and permanent Partner Visas.

Costs and Processing Time

Applying for both the 820 and 801 visas typically involves a single payment, covering both stages.

✔️ Application Cost: The combined cost for the temporary and permanent Partner Visa application is approximately AUD 8,085, though fees can vary.

✔️ Additional Family Members: There is an extra charge for each additional applicant included in your visa application, such as children.

✔️ Processing Time: Processing times for the temporary visa (820) generally range between 12 and 24 months, while the permanent visa (801) may take up to two years after the 820 visa is granted.

Work Rights and Medicare Access for Partner Visa Holders

Once you have applied for the Partner Visa (820), you can begin working in Australia under a Bridging Visa A. This visa also grants you access to Medicare, Australia’s public healthcare system, providing coverage for essential medical services.

Including Family Members

Family members, such as dependent children, can be included in your application. Additional costs may apply, and each family member must meet the required health and character standards.

Health, Character, and Debt Obligations

Applicants must meet certain health and character requirements to qualify:

✔️ Health Requirement: You and your family members must complete a health assessment.

✔️ Character Requirement: You may need to submit police clearances as part of the application process.

✔️ Debt to the Government: You must not owe any debts to the Australian government or must have arrangements to repay them.

Travel Conditions

The 820 visa allows you to travel in and out of Australia while waiting for your permanent Partner Visa (801) to be processed. However, travel conditions may vary based on your specific Bridging Visa type, so ensure you check the terms before making travel arrangements.

Limitations and Duration of Sponsorship

The sponsor’s obligation typically lasts for two years from the date the 801 visa is granted. During this period, the sponsor is responsible for supporting the applicant financially, ensuring they have adequate accommodation, and providing any other necessary support.

How Long Does Each Visa Last?

✔️ Subclass 820 Visa: This temporary visa allows you to live in Australia while awaiting the outcome of your permanent Partner Visa (801).

✔️ Subclass 801 Visa: Grants permanent residency and allows you to live in Australia indefinitely.

Obligations for Partner Visa Holders

Once your visa is granted, you are expected to:

✔️ Maintain the Relationship: Ensure that your relationship with your partner remains genuine and ongoing.

✔️ Comply with Australian Laws: Visa holders must adhere to all Australian laws and obligations.

✔️ Update Address and Contact Information: You must inform the Department of any changes in your contact information.

Checklist for Partner Visa 820/801 Application

✔️ Proof of Relationship: Documentation showing a genuine relationship.

✔️ Sponsorship Forms: Completed by your partner.

✔️ Identification Documents: Passports, birth certificates, and any supporting documents.

✔️ Health Assessments: Medical checks for yourself and any dependents.

✔️ Police Clearance: Character checks from each country where you’ve lived for a significant period.

With careful planning and preparation, the Partner Visa (subclass 820 and 801) allows you to start your life in Australia with your partner. Ensure you meet the eligibility criteria, gather your documentation, and understand the costs and commitments involved. The Partner Visa can be your pathway to a permanent future in Australia with your loved one.

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