Onshore Partner Visa (Subclasses 820 & 801)

General Information

This visa is suitable for a married partner, a de facto partner, or same-sex partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. If granted, this visa will allow a married partner, a de facto partner, or same-sex partner to travel to and enter Australia.

Partner Temporary Visa Onshore (subclass 820)

This is a temporary visa for a partner of an Australian citizen, permanent resident or eligible New Zealand citizen. It is usually valid for two years.

Partner Permanent Visa Onshore (subclass 801)

This is a permanent visa for a partner of an Australian citizen, permanent resident or eligible New Zealand citizen.

Entitlements

Below is a list of what you can do with each of the different onshore partner visas:

Partner Temporary Visa (subclass 820)

• stay with your partner in Australia until a decision for a permanent visa has been made
• work in Australia
• you may study in Australia, however you will not have access to government funding, you will be considered an international student and will be required to pay international fees upfront for tertiary study
• enrol in medical benefits expenses and the hospital care scheme

Partner Permanent Visa (subclass 801)

• stay with your partner in Australia on a permanent basis
• work or study in Australia
• enrol in medical benefits expenses and the hospital care scheme
• you will become eligible for certain social security payments
• you can apply to become a permanent citizen of Australia (subject to residency eligibility criteria)

Visa Eligibility

Sponsor Eligibility

Usually your sponsor will be your partner. An eligible sponsor must be an Australian citizen, permanent resident or an eligible New Zealand citizen.

Married Applicant Requirements

It is required under Australian Law that your marriage is legal. A marriage in a country other than Australia will generally be accepted as legal if the marriage is valid in that country.

Underage, polygamous and same-sex marriages are not accepted in Australia, however same-sex couples will be considered as a de facto relationship for the purposes of this visa.

De Facto Applicant Requirements

To be eligible for a de facto visa, you must be at least 18 years old at the time the application is submitted.

The relation between your partner and you must not be family orientated. This means that you must not:

• be a relative of one another i.e. descendant or ancestor
• have the same parents

Relationship Requirements

Married Relationship Requirements

In a married relationship, it is required that you and your partner can demonstrate that your relationship excludes all others and that you have a mutual commitment to each other. You and your partner will be required to live to together on an ongoing basis, any separation between you and your partner can only be temporarily i.e. a business trip or family visit abroad.

There are some exceptions to this. In certain cases, you may still be considered eligible to apply for, continue being an applicant or be granted a visa in Australia if:

• the relationship between you and your partner ends and both of you have custodial rights under the Family Law Act 1975 over any children under 18 years old
• your partner passes away, and you are able to prove that your relationship with your partner would have been continuing had your partner not passed away and you have been able to develop close ties with Australia

De Facto Relationship Requirements

You and your partner must have been in a de facto relationship for at least 12 months prior to making the application.

The one year relationship requirement may not apply if the applicant can establish that one of the following circumstances exists:

• you are able to demonstrate compelling and compassionate circumstances, such as if you and your partner have children together
• you are able to demonstrate that all of the following apply:
  • your partner currently holds, or did hold, a permanent humanitarian visa
  • before your partner's permanent humanitarian visa was granted, you and your partner were in a relationship that meets the requirements of a de facto relationship
  • the Department had been informed of this prior to granting the permanent humanitarian visa

You and your partner must have a genuine and continuing relationship and show a mutual commitment to a shared life together, to the exclusion of all other. You and your partner must be living together on a permanent basis, or, if not, any separation must be on a temporary basis only.

Obligations

Sponsor Obligations

You must sign a sponsorship undertaking if you wish to sponsor your partner's visa application.

After signing the sponsorship undertaking, the following applies while your partner is in Australia on this visa:

• you will be fully responsible for any financial obligations to the Australian government that your partner may incur
• in order to meet your partner's reasonable living needs, you are required to provide satisfactory accommodation and financial assistance following the grant of their temporary Partner visa (usually for a two year period).
• you will provide any support required to enable you partner to take part in English lessons
• you must provide any advice which will help your partner settle in Australia i.e. employment opportunities
• in the case that your relationship comes to an end or you stop supporting your partner before the application is finalised, you must notify the Department of Immigration immediately

Applicant Obligations

Provided you are 18 years or older, you will be required to sign an Australian values statement. This statement is included in your visa application form. All applicants which are 18 years or older with be required to sign this form in order to confirm that you will respect the Australian way of life and Australian law.

Before signing this document, it is required that you have read, or have had explained to you the book on Life in Australia, which is provided by the government.

Health & Character

Health Requirements

For the initial visa you will be required to undergo a health examination, however if an examination has already been carried out you are not likely to have to undergo further examinations.

Health Requirements Overview

The health examination is critical because it:

• helps reduce and constrains public spending on health and community services, which also affects social security, pensions and allowances
• reduces the threat of the Australian community being exposed to potential health risks and illnesses
• improves access to health care and community services in short supply

Generally all visa applicants must meet the health requirements, and sometimes their dependants must also meet the requirements, regardless of whether they are migrating to Australia.

In certain cases where a condition or disease has been identified which requires a follow up medical check, you may be required to sign a Medical Officer of the Commonwealth (MOC). In this case you will need to sign a Health Undertaking to meet the health requirement.

Character

Every visa applicant is required to meet the character requirements set out by the Department of Immigration before entering Australia.

Character Requirements for Temporary and Permanent Migration

To be considered good of character, you will be asked to provide police clearance certificates for every country that you have lived in for 12 months or more in the last 10 years since turning 16 years of age.

Onshore Partner Visa Costs

Important: Visa application fees are constantly changing and may be subject to an amendment. Changes usually occur on 1st July of each year.

Additional Factors

Application Process for Temporary and Permanent Visas

When you apply for these visas, you apply for both of them at the same time by completing and submitting one application.

• a temporary Partner visa (subclass 820) may be granted if you meet the legal requirements for this visa. The temporary visa will remain valid until a decision for the permanent visa has been made.
• if after the waiting period, you still meet all the legal criteria you may be granted a Permanent partner visa (subclass 801)

In certain cases, a permanent visa may be granted without having to wait the two year period if you can demonstrate that:

• you have been married or in a de facto relationship for more that three years at the time of application
• you have been married or in a de factor relationship for more than two years and you have a dependent child in that relationship
• you were in a relationship with your partner before he/she was granted a Protection visa or permanent visa under the humanitarian program, however this should be declared to the Department of Immigration at the time of the application