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Partner Visa 801 and 820
Your Guide to the Partner Visa 801 and 820
What is Partner Visa 801 and 820?
The partner visa 801 and 820 allows the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia. The application is a two-stage process, beginning with a temporary partner visa 820, followed by a permanent partner visa 801.
Detailed overview of Partner Visa 801 and 820
Permanent Partner Visa 801
Temporary Partner Visa Subclass 820
Permanent Partner Visa 801
Feature | Details |
Description | Once your temporary visa is granted, you can apply for permanent partner visa 801. This visa allows you to stay in Australia indefinitely, with access to work and study opportunities, as well as healthcare and social security benefits. |
Eligibility | Granted after holding the temporary visa (820) and meeting ongoing relationship requirements |
Stay Duration | Indefinite |
Work Rights | Yes |
Study Rights | Yes, with access to government funding |
Healthcare | Access to Medicare and social security benefits |
Pathway to Citizenship | Yes, after meeting residency requirements |
Processing Time | Varies, dependent on individual circumstances |
Cost | Included in the initial partner visa application fee |
Application Location Requirement | Must be in Australia when the permanent visa is granted |
Temporary Partner Visa Subclass 820
Feature | Details |
Description | The temporary partner visa subclass 820 is the first step towards gaining permanent residency in Australia. This visa allows you to live, work, and study in Australia while your permanent visa is processed. |
Eligibility | Must be in a genuine and ongoing relationship with your sponsoring partner |
Stay Duration | While the permanent visa (801) application is being processed |
Work Rights | Yes |
Study Rights | Yes, but without government funding |
Healthcare | Access to Medicare |
Travel Rights | Yes, while waiting for the permanent visa decision |
Processing Time | Approximately 15 to 24 months |
Cost | Fees vary, check the official government website for the most up-to-date information |
Application Location Requirement | Must be in Australia when applying for the temporary visa |
Eligibility Criteria
To apply for the partner visa 801 and 820, you must meet the following criteria:
Relationship
Be in a genuine and ongoing relationship with your sponsoring partner who is an Australian citizen, permanent resident, or eligible New Zealand citizen. This can be shown through financial, social, and household evidence, and the nature of your commitment to each other.
Marital Status
You must be married or in a de facto relationship for at least 12 months before applying. Exceptions to the 12-month requirement can apply if you can demonstrate compelling and compassionate circumstances, such as having a child together.
Health and Character Requirements
You must meet the health and character requirements set by the Australian Government. This involves undergoing health examinations and providing police certificates from each country you have lived in for 12 months or more over the last 10 years.
Application Location
You must be in Australia at the time of applying for the temporary partner visa subclass 820 and at the time the permanent partner visa subclass 801 is granted. This ensures that you are physically present in Australia during the processing of your application.
Additional Information
For more detailed information, including the latest updates on eligibility criteria and processing times, please refer to the Australian Government’s Department of Home Affairs website.
Application Process for Partner Visa 801 and 820
Applying for partner visa 801 and 820 involves several steps that need to be followed meticulously to ensure a smooth and successful application. Below is a detailed and explanatory section on the application process:
Step 1: Prepare Your Documents
Before you start the application process, it’s crucial to gather all necessary documents that provide evidence of your relationship. These documents are essential to demonstrate that your relationship with your partner is genuine and ongoing. Here’s a detailed list of what you might need:
1.Identity Documents: Valid passports, birth certificates, and national identity cards for both the applicant and the sponsor.
2.Relationship Evidence: This includes proof of your relationship’s authenticity, such as:
- Financial aspects: Joint bank account statements, property ownership, or lease agreements.
- Household aspects: Billing documents in both names, joint household responsibilities.
- Social aspects: Photos together, invitations to social events, social media interactions.
3.Commitment: Evidence of long-term plans, such as wills, joint insurance policies, or beneficiary statements.
4.Personal Documents: Marriage or de facto relationship certificates, if applicable.
5.Character Documents: Police certificates from each country you have lived in for 12 months or more over the last 10 years.
6.Health Documents: Health examinations as required by the Australian Government.
Step 2: Lodge Your Application
Once you have gathered all the necessary documents, you can proceed to lodge your application. Here’s how:
- Online Application: Submit your application online through the Australian Government’s Department of Home Affairs website.
- ImmiAccount: Create an ImmiAccount if you do not already have one. This account will allow you to complete and submit your application, upload documents, and track your application status.
- Form Filling: Complete the required forms accurately. Ensure all details are correct and correspond with the documents you have provided.
- Fee Payment: Pay the visa application fee. Fees can vary, so check the official fee schedule for the most current information.
- Submission: Submit your completed application along with all supporting documents through your ImmiAccount.
Step 3: Temporary Visa Processing
After lodging your application, the next step involves waiting for the decision on your temporary partner visa subclass 820. During this period:
- Bridging Visa: You may be granted a Bridging Visa, which allows you to stay in Australia while your application is being processed. This visa comes into effect when your current visa expires.
- Processing Time: The processing time for the temporary partner visa subclass 820 can vary, typically taking between 15 to 24 months. During this time, the Department of Home Affairs may request additional information or documents to support your application.
- Communication: Keep an eye on your ImmiAccount and email for any communication from the Department of Home Affairs. Respond promptly to any requests to avoid delays.
Step 4: Permanent Visa Application
Once your temporary partner visa subclass 820 is granted, you can apply for the permanent partner visa 801. Here’s what to do next:
- Eligibility Confirmation: Ensure that you meet the eligibility requirements for the permanent partner visa 801. This includes maintaining a genuine and ongoing relationship with your partner.
- Additional Documentation: Gather any additional documents that may be required to demonstrate that your relationship continues to be genuine and ongoing. This could include updated evidence of cohabitation, joint financial commitments, and social activities.
- Application Submission: Submit your application for the permanent partner visa 801 through your ImmiAccount. Ensure that all information is current and that any changes in circumstances are reported.
- Final Decision: The processing time for the permanent partner visa 801 varies based on individual circumstances. Once granted, this visa allows you to stay in Australia indefinitely with full work and study rights, access to healthcare and social security benefits, and a pathway to Australian citizenship.
By following these detailed steps and ensuring that all information and documentation are accurate and up-to-date, you can navigate the application process for the partner visa 801 and 820 with confidence. For the most current information and updates, always refer to the Australian Government’s Department of Home Affairs website.
Benefits of Partner Visa 801 and 820
- Work and Study: Both temporary and permanent visa holders can work and study in Australia.
- Healthcare: Access to Medicare, Australia’s public health care system, is available for both visas.
- Pathway to Citizenship: The permanent partner visa 801 can eventually lead to Australian citizenship.
- Family Inclusion: Include dependent children in your application.
Contact us today for a free consultation!
KnN Migration’s experienced team will guide you throughout the process, ensuring a smooth journey.
FAQs
The transition from the 820 (temporary) to the 801 (permanent) visa typically takes about 2 years from the date of the 820 visa application. However, processing times can vary depending on individual circumstances and the Department of Home Affairs’ workload.
Yes, when you apply for the Partner Visa (subclass 820/801), you are simultaneously applying for both the temporary 820 visa and the permanent 801 visa. The 820 visa is processed first, and after a certain period, you will be eligible for the 801 visa assessment.
To be eligible for the 820 visa, you must be the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. You must also meet health, character, and relationship requirements.
Eligibility for the 801 visa generally requires holding the 820 visa, continuing to be in a genuine and ongoing relationship with your partner, and meeting health and character requirements. You will also need to provide further evidence of your relationship.
After the 820 visa is granted, you can live, work, and study in Australia while your 801 visa application is processed. You must continue to meet the relationship requirements and provide additional documentation for the 801 visa assessment.
The processing time for the 801 visa can vary but generally takes about 12 to 18 months after becoming eligible to apply, which is usually two years after your initial 820 visa application.
The 801 visa second stage checklist includes relationship evidence such as joint financial documents, proof of cohabitation, social evidence, and commitment to each other, along with personal documents like health and police checks.
The Prospective Marriage Visa (subclass 300) allows you to come to Australia to marry your prospective spouse. Once married, you can then apply for the Partner Visa (subclass 820/801). This visa is for individuals outside Australia who intend to marry their Australian partner.
Yes, you can travel outside Australia while holding the 820 visa. However, you must ensure your visa is still valid for re-entry into Australia.
If your relationship ends while holding the 820 visa, you must inform the Department of Home Affairs. Your visa may be canceled, but there are certain circumstances, such as domestic violence or having a child, where you may still be eligible for the 801 visa.
Contact KnN Migration!
Our team of experts can assess your eligibility, guide you through the application process, and ensure a smooth journey towards your Australian dream.
Disclaimer
The details shared above were accurate as of July 2024, but it’s important to note that migration regulations change over time. This information is meant for general understanding and should not be taken as legal advice. Keep in mind that information can change, so reach out to us for the latest guidance tailored to your situation. We look forward to assisting you!
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