Subclass 820 (Provisional) & 801 (Permanent) – Partner (onshore)
What is a partner visa?
The visa allows one to apply in Australia on the basis of either married or de-facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen. This visa must be applied from within Australia.
The subclass 820 (provisional) is granted first before being amended for the subclass 801 (permanent) visa. All applicants for the subclass 801 visa must hold a temporary visa and continue to be in a relationship with their partners.
What are the benefits of this partner visa?
The visa allows you to remain in Australia with your partner until a decision is made. A bridging visa with unlimited work rights is usually granted whilst the decision is pending.
In order to qualify for a partner visa, you need to either:
- Be married; or
- Be in a de facto relationship where you have lived together for at least 12 months; or
- Register your relationship and live together.
Since you have been living together for some time, you should have a good chance qualifying for a partner visa on de-facto grounds
You would need to gather the following evidence:
- Cohabitation: You must either live together or not apart on a permanent basis. Evidence showing correspondence addressed to both of you at the same address.
- Financial Interdependence: Joint bank accounts, joint ownership of property, joint financial commitment such as leases, mortgages, insurance policies.
- Social Aspects: Joint travel, joint social activities, and joint participation in cultural or sporting activities, 2x 888 statutory declarations from Australian friends or family.
- Evidence of contact whilst apart
How Can I Apply for a Partner visa?
- Assess your eligibility with Withstand Lawyers to ensure you meet the visa requirements
- Gather your documents for the visa application using our comprehensive and tailored checklist of documents
- Lodge your Application and ensure post-lodgement requirements are arranged such as completion of medical examinations
- Wait for a decision
What are the partner visa processing times?
20-25 months for 820 visa and 12-20 months for 801 visa
What are the partner visa fees?
Why choose Withstand Lawyers for your partner visa?
Australia’s immigration laws are complex and updated frequently. It can be challenging to discern the appropriate pathways to get the desired outcome. Our immigration lawyers and migration agents have significant amounts of training and expertise, with experience working at pre-eminent corporations.
Generally a 2-stage process for Permanent Residency:
- Temporary Partner generally granted first
- 2 years after lodgement, Immigration can consider permanent partner visa.
A waiver exists where you have been in a relationship for 3 years or have dependent children and have been in a relationship for 2 years.
Sponsorship Limitations – 5 year Ban
- If you have previously sponsored a partner, you may be subject to a sponsorship limitation:
- Limited to 2 sponsorships in your lifetime
- These must be at least 5 years apart
- The ban can be waived by showing “exceptional circumstances” – for instance if you have a child of the relationship
Schedule 3 Waiver
- If you currently do not hold a substantive visa, then we would need to provide compelling reasons for waiver of the usual Schedule 3 criteria.
- Generally, we would need to show compelling reasons affecting the interests of an Australian permanent resident or citizen
- Partner applicants are eligible for waiver of s.48 bars where you have previously been refused or had a visa cancelled
- Providing you lodge whilst in Australia holding a temporary visa, you will receive a Bridging A visa.
- This will have full work rights which come into effect when the visa you held at application ceases.
- The bridging visa would cease if you depart Australia – in this case, you would look at applying for a Bridging B visa