About Subclass 820/801
Australia Immigration and Citizenship Department in an attempt to bring partners together offer 'partner visa' for both onshore and offshore candidates. These immigrations are necessarily sponsored by partners who are either permanent residents of Australia, Australian citizens, or qualified citizens of New Zealand. For both onshore and offshore applicants, Partner Visas are issued for temporary and permanent settlements. Spouses, fiance/ fiancee, and de facto partners are eligible to apply for this visa class.
Partner Visa for onshore candidates is issued under 'Subclass 820' for temporary settlement and 'Subclass 801' for permanent residency. Normally, immigration is allowed on a temporary basis for a period of two years and subsequently converted to permanent type. Conversion of a temporary visa to a permanent one is subject to a waiting period of two years and existing relationship with your partner.
An onshore partner visa is applicable for a candidate who as a partner has i) a citizen of Australia, ii) a permanent resident of Australia, and iii) an eligible citizen of New Zealand. It may be noted that being just a partner does not entitle you to become a permanent resident of this country. Temporary visa holders do not automatically become a permanent visa holder. All applications are assessed as per existing immigration laws and current marital regulations.
Working of this Visa
You need to make a single application for both Subclass 820 (temporary) and Subclass 801 (permanent) visas. Visas are always issued on temporary basis and late converted to permanent types. An applicant subject to fulfilment of all prerequisites supported by relevant documentation is offered Subclass 820 Australian visa. After a waiting period of two years from the initial application of 820/801 lodged and adherence to all legalities you are granted a Subclass 801 Partner Visa.
There are however instances when permanent partner visa may be granted before completion of this 2-year waiting period.
- If you already were in a de facto or married relationship for at least three years with your partner at the time of visa application
- If you are in a de facto relationship or already married or for at least two years and have a child at the time of visa application
- If your partner is issued permanent visa by Australian Immigration and Citizenship Department of humanitarian grounds while you were already in a relationship. It also applies to candidates staying in this country under Protection Visa.
Ideally you should be in a de facto or married relationship with your partner at the time of visa application.
If you meet all the legal criteria for the grant of the visa, you may be granted a temporary Partner visa (subclass 820). This visa remains valid until a decision is made on your permanent visa (Subclass 801), which is usually two years after you initially applied for your visa.
Application for Onshore Partner Visa
We at Aussizz assist you in applying for this visa category while you are in Australia. Applications are to be substantiated with proper documentation. Our professionals would guide you through the entire process so that the entire procedure is trouble free.