partner-visa-subclass-820 Partner Visas (Onshore and Offshore) - AECC

Partner Visa 820

What is a Partner Visa in Australia?

The term Partner Visa refers to four visa subclasses that allow a couple in a de facto relationship or a married couple to live, study, and work in Australia. Only two partner visa types allow you to come to Australia, whereas the other two subclasses require you to be in Australia while applying for them. You will apply for the temporary and permanent versions of a partner visa together. Keep reading to know more about a partner visa in Australia.

Different Types of Partner Visas

Onshore Partner Visa in Australia

Partner Visa Subclass 820

Partner visa 820 allows the husband, wife, or de facto partner of a person with Australian permanent residency or citizenship or that of an eligible New Zealander/protected Special Category visa holder to live temporarily in Australia. It acts as a pathway towards a Partner Visa (Permanent) (Subclass 801) and stays valid only up to the time your subclass 801 visa application is approved.
The subclass 820 partner visa allows you to:

  • Live, study and work temporarily in Australia as the Department of Home Affairs processes your subclass 801 visa
  • Travel from and to Australia any number of times until the visa stays valid
  • Attend English classes from the Adult Migrant English Program for free if you qualify for the service
  • Apply to get access to Medicare, the public healthcare program in Australia
Partner Visa Subclass 801

This visa is for a person who holds the temporary version of a partner visa that comes under the subclass 820 classification. Whereas partner visa 820 is a temporary visa, this is a permanent visa, meaning it allows the holder to live, study and work in Australia as the former visa but on a permanent basis. The subclass 801 partner visa also has the other two rights mentioned above. However, unlike the temporary partner visa, a permanent partner visa holder can also do the following things, in addition to having the aforementioned rights.

  • Sponsor their immediate relatives to visit Australia.
  • Apply for citizenship if eligible.
  • Travel internationally and return to Australia any number of times for five years from when the Department of Home Affairs grants them the visa. To travel to your home country after five years and return to Australia with permanent resident status, you must apply for a Resident Return visa.

Offshore Partner Visa in Australia

The partner visa types that you can apply for from outside Australia are Partner (Provisional) Visa (Subclass 309) and Partner (Migrant) Visa (Subclass 100). These visa subclasses have the same rights as their onshore versions, which we have discussed above. As with the onshore partner visa subclasses, one of these two offshore visa types, partner visa 309, is a pathway to the other that comes under the subclass 100 category.

The main difference between the subclass 309 visa and the subclass 100 visa is that the latter has the same work, study and residency rights as the former but on a permanent basis.

Basic Requirements to Obtain a Partner Visa in Australia

Whichever subclass you apply for, you must meet certain criteria. The rest of the requirements are specific to each visa subclass. So, first, we will present you with a common partner visa Australia checklist of requirements before getting to the specific criteria. To qualify for a partner visa in Australia, you must:

  • Be the de facto partner, wife or husband of an individual with Australian permanent residency or citizenship. Alternatively, your partner can be a New Zealand citizen with a protected Special Category visa. Your partner can be a person of different sex or the same sex.
  • Be aged at least 18 years, because it is the minimum age requirement for marriage under Australian legislation.
  • Satisfy the health requirement of the Department of Home Affairs. This usually requires you to undergo a health examination, a simple step that our counsellors can also assist you in.
  • Meet the character requirement of the immigration department. This usually requires you to pass the Australian character test.
  • Not owe any amount of money to the government of Australia.
More on the Requirements for Married Applicants

You would be considered a married applicant in the event of your marriage being valid as per Australian legislation and meeting the following requirements.
  • You must be living together or not be living permanently apart
  • You must not be related to your partner by family
  • You and your partner have a genuine and ongoing relationship
  • You must be mutually devoted to the idea of sharing your life excluding every other partner
More on the De Facto Partner Requirements
If you and your partner are not married, and you meet the four aforementioned requirements for married applicants, you would be considered to be in a de facto relationship. You are required to be in this relationship for one year or more before applying for the visa. This means that if you spend time dating online, yours is unlikely to be considered a de facto relationship. The one-year requirement would not apply to you when you can prove that there are compassionate and compelling circumstances for the visa to be granted to you.

Requirements for Partner Visa Subclass 820 and Subclass 309

There are requirements specific to both the partner visa 820 and subclass 309 visa, and you must satisfy these to get their permanent versions. To qualify for one of these visa types, it is also a must for you to:
  • Have someone to sponsor you, generally your partner. Your sponsor while applying for a partner visa subclass 820 or 309 must not change for two years after you get the visa.
  • Not have had a previous visa application refused or a visa cancelled.
  • Satisfy the aforesaid relationship requirements.
A Specific Requirement for Partner Visa Subclass 820

There is one requirement for the subclass 820 visa that does not apply to the other subclasses. It requires the applicant to not be the holder of any of the following regional visas:
  • Subclass 475 (Skilled – Regional Sponsored) visa
  • Skilled – Independent Regional (Provisional) (Class UX) visa
  • Skilled Regional Sponsored (Provisional ) (Class SP) visa.
  • Subclass 487 (Skilled – Regional Sponsored) visa or
  • Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa.
  • Subclass 491 (Skilled Work Regional (Provisional)) visa
If you have had one of the first four regional visas from the above list, it must precede the date of your partner visa application by two years or more. If you have had one of the last two visas from the list, it must predate the application by three years at the least.

Requirements for Partner Visa Subclass 801 and 100 

To get one of these visa types, you have to:
  • Have a subclass 820/309 visa or a Dependent Child visa (subclass 445). It must have been two years since you submitted an onshore or offshore application for the temporary and permanent partner visa combination for you to get assessed for the permanent one.
  • Keep meeting the aforesaid relationship requirements. That said, you might qualify for one of these visas even if there is a breakdown of your relationship.

Partner Visa Processing Times

The Department of Home Affairs processes each visa application individually, considering the specific facts and individual circumstances related to the application. Therefore, you should only use the following table in the form of a visa processing guideline. That said, the time for any of the permanent partner visa subclasses starts from when you become eligible for it, which is two years after applying for the combined visa.

Visa Subclass Processing Time
Partner Visa(Temporary)(Subclass 820)
  • 25% of visa applications: 6 Months
  • 50% of visa application: 9 Months
  • 75% of visa applications: 21 Months
  • 90% of visa applications: 33 Months
Partner Visa(Permanent)(subclass 801)
  • 25% of visa applications: 3 Months
  • 50% of visa application: 5 Months
  • 75% of visa applications: 12 Months
  • 90% of visa applications: 21 Months
Partner(Provisinal) Visa(Subclass 309)
  • 25% of visa applications: 5 Months
  • 50% of visa application: 9 Months
  • 75% of visa applications: 20 Months
  • 90% of visa applications: 32 Months
Partner(Migrant) Visa(Subclass 100)
  • 25% of visa applications: under 5 Months
  • 50% of visa application: 9 Months
  • 75% of visa applications: 18 Months
  • 90% of visa applications: 29 Months

Partner Visa Cost

The below-mentioned costs apply to the combined temporary and permanent versions of the partner visa subclasses. There is an additional fee per relative who applies for one of these visas with you. You might need to spend on health checks, biometrics and police certificates as well.
Visa Stream Type Cost
Partner Visa (Temporary) (Subclass 820) $7,850
Partner Visa (Permanent) (Subclass 801) $7,850
Partner (Provisional) Visa (Subclass 309) $8,085
Partner (Migrant) Visa (Subclass 100) $8,085

Frequently Asked Questions About a Partner Visa in Australia

Can I Apply for a Partner Visa While On a Bridging Visa?
You need not apply separately for it because it would be automatically applied for after you lodge a partner visa application.

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