Subclass 820/801 – A step closer to Australian permanent residency

What is a Partner visa subclass 820/801?

The Partner visa Subclass 820/801 enables Australian citizens, permanent residents, or eligible New Zealand citizens to sponsor their spouse/partner to live in Australia. This visa requires simultaneous applications for both the Subclass 820 visa (temporary) and Subclass 801 (permanent) visa.

A partner visa (Temporary) – subclass 820

The Partner Visa (Temporary) – Subclass 820 visa allows the spouse/partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to reside in Australia temporarily while awaiting the grant of the PR Partner Visa – Subclass 801.

A partner visa (Permanent) – subclass 801

The Partner Visa (Permanent) – Subclass 801 is the second stage of the Onshore Partner visa, granting permanent residency in Australia.

After 2 years of making an application for a Subclass 820 visa, you can apply for a Subclass 801 visa. With this Partner (Permanent) visa, you can:

• Stay in Australia permanently.
• Apply for Australian citizenship.
• Sponsor your eligible family members to come to Australia with you.

Subclass 820/801 is an Australian partner visa for those applying in Australia. If you want to apply from outside of Australia, you can consider subclass 309/100.

The benefits of holding a 820/801 visa

Subclass 820 visa

Holding a Subclass 820 visa, you are entitled to the following:

You are required to be in Australia at the time of making the application. VEM is your companion that can support you from the beginning of your immigration pathway.

Subclass 801 visa

After 2 years of making an application for a Australia 820 visa, you can apply for a Subclass 801 visa. With this partner (Permanent) visa, you can:

• • Stay in Australia permanently.
  • Apply for Australian citizenship.
  • Sponsor your eligible family members to come to Australia with you.

The requirements for subclass 820/801 visa

As one of the Australian Partner visas, the Subclass 820/801 visa (Partner visa) has certain requirements, which includes the four aspects of the relationship that are typically assessed, are as follows:

• Genuine and Continuing Relationship: Evidence demonstrating that your relationship with your partner is genuine and continuing. This may include joint financial commitments, social aspects of the relationship, and the nature of the household.
• Nature of the Household: Evidence showing that you and your partner live together, or if not living together, the reasons for separation and how you maintain contact and support each other.
• Financial Aspects: Evidence of joint financial commitments and responsibilities, such as joint bank accounts, sharing bills, or financial dependence or interdependence.
• Social Aspects: Evidence of your social aspects of the relationship, including joint participation in social activities, public recognition of your relationship, and support from family and friends.

In addition to these relationship aspects, other general requirements for the Partner visa subclass 820/801 include:

• Sponsorship: Your partner must sponsor you and meet sponsorship requirements, including being an eligible Australian citizen, permanent resident, or eligible New Zealand citizen.
• Health and Character Requirements: Both you and your partner must meet health and character requirements. This involves providing police clearance certificates and undergoing health examinations.
• Application Process: You need to lodge both the Subclass 820 visa (temporary) and Subclass 801 (permanent) visa applications together or subsequently, depending on your situation.
• Other Supporting Documentation: This may include evidence of previous relationships, custody arrangements for children, and any other relevant information to support your application.

It’s also advisable to seek advice from a registered migration agent for the latest guidelines and specific requirements tailored to your circumstances.

The cost of a Partner visa – Subclass 820/801Australia

According to the new Australia migration policies, the Partner visa subclass 820/801 visa fee has officially increased from July 1st, 2024.

Note: The fees listed above do not include a 1.4% surcharge.

Processing times of a Partner visa – Subclass 820/801

According to DHA, below is the Partner visa 820 processing time:

If you are holding a Prospective Marriage visa (Subclass 300), you have to apply for a subclass 820 visa before the 300 visa expires.

Contact VEM for expert preparation of your visa application. Our registered migration agent (MARN: 1577877), will guide you through the entire application process.

VEM provides ongoing support for your Subclass 801 visa application after your Partner visa subclass 820 is granted.

Steps to apply for a partner visa – Subclass 820/801 Australia

The steps to apply for a Partner visa – Subclass 820/801 typically involve the following:

Step 1: Prepare Your Documents

Gather all necessary documents to support your application, including evidence of your relationship, identity documents, health assessments, character checks, and any additional requirements specific to your situation.

Step 2: Check Eligibility

Ensure both you and your partner meet the eligibility criteria for the visa, including relationship requirements, health, and character requirements.

Step 3: Lodge Your Application

Submit your application online through the Department of Home Affairs’ ImmiAccount portal or by paper if applicable. Include all required documents and pay the application fee.

Step 4: Receive Acknowledgment

Once your application is lodged, you will receive an acknowledgment from the Department of Home Affairs confirming receipt of your application.

Step 5: Await Decision on Temporary Visa (Subclass 820 visa)

Wait for a decision on your Subclass 820 visa application. During this period, you may be granted a Bridging Visa allowing you to stay in Australia lawfully.

Step 6: Provide Further Information (if requested)

Respond promptly if the Department requests additional information or documentation to support your application.

Step 7: Transition to Permanent Visa (Subclass 801)

After meeting the eligibility criteria and waiting period (usually two years from the date of application), your Subclass 820 visa will be assessed for transition to the Subclass 801 permanent visa.

Step 8: Decision on Permanent Visa (Subclass 801)

Once approved, you will receive the Subclass 801 visa, granting you permanent residency in Australia.

Step 9: Receive Visa Grant Notice

Upon approval of each stage (Subclass 820 and Subclass 801), you will receive a visa grant notice detailing your visa conditions and rights.

Step 10: Comply with Visa Conditions

For the latest and tailored advice,  get advice from a registered migration consultant.

Common reasons for a subclass 820/801 visa being refused

Common reasons for refusal of a visa  820/801 include:

• Inaccurate documents or discrepancies in submitted paperwork.
• Failure to provide a complete application with required documentation.
• Unclear or inaccurately translated documents.
• Insufficient or inaccurate evidence regarding the relationship, including financial, domestic, social, and long-term commitment aspects.
• Unsatisfactory responses or conflicting information during the interview process.
• Ensuring all documents are accurate, complete, and supportive of your relationship is crucial to avoid these issues.

Drawing on over 12 years of experience in Australian migration, VEM has successfully guided many couples to Australian permanent residency through the Partner visa – Subclass 820/801. With registration (MARN: 1577877) and membership in the Migration Institute of Australia (MIA: 12648), Mr. Peter Cao ensures precision and compliance in every visa application!

By: Peter Phong D Cao – Registered migration agent

(MARN: 1577877, MIA: 12648)

Frequently asked questions