Partner Visa 820/801: How to Stay Together in Australia

Summary

This video provides a comprehensive guide on the onshore partner visa in Australia (subclass 820/801). Tracy Chen, an immigration lawyer, explains the requirements and process for applying for this visa while in Australia. Key eligibility criteria include being in a genuine relationship with an Australian partner, living together for at least 12 months, or having a registered de facto relationship. Tracy also discusses the required documentation, emphasizing the importance of showing financial, social, and emotional commitment to the relationship. She highlights the complexities of the application process and the importance of legal advice to avoid delays or refusals.

Takeaways

• 😀 You can only apply for the onshore partner visa (subclass 820/801) if you are in Australia and hold a valid substantive visa.
• 😀 If you hold a bridging visa or are unlawful in Australia, you may still apply but will need to meet additional Schedule 3 requirements, which can be tricky.
• 😀 To qualify for the onshore partner visa, you must be in a genuine relationship with an Australian partner who can sponsor you.
• 😀 You must meet one of the following three relationship criteria: living together for 12 months, being legally married, or having a registered de facto relationship in Australia.
• 😀 The de facto relationship registration is available in most states but not in Western Australia. It is treated similarly to marriage for visa purposes.
• 😀 Documents you need to provide should demonstrate financial commitment (e.g., joint bank accounts, shared savings), social aspects (e.g., public recognition as a couple), and household commitment (e.g., sharing chores).
• 😀 The department looks closely at how a couple shares finances, and documents like joint purchases (e.g., a house or car) are important.
• 😀 If living separately, you need to justify the arrangement. Living apart for work is acceptable as long as it's not permanent, and you can provide evidence of this.
• 😀 Nature of commitment is another key pillar, with documents such as joint travel, shared financial responsibilities, and mutual caregiving showing your dedication to each other.
• 😀 The application fee for a partner visa is around $9,000, and while legal representation may incur additional costs, it could help avoid delays or refusals.
• 😀 If granted the 820 temporary visa, you will need to wait two years to apply for the 801 permanent visa. However, some applicants may receive the 801 visa directly based on their relationship history or children together.

Q & A

What is the subclass 820/801 partner visa in Australia?

The subclass 820/801 partner visa is an onshore visa that allows individuals to apply while in Australia to live with their Australian partner. The 820 is a temporary visa, while the 801 is a permanent visa granted after two years.

Who is eligible to apply for the onshore partner visa?

To apply for the onshore partner visa, you must be in Australia on a substantive visa (not a bridging visa), and be in a genuine relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.

What are the main requirements for applying for the partner visa?

You must meet one of three requirements: 1) living together for at least 12 months, 2) being legally married, or 3) registering a de facto relationship in Australia.

What documents are needed to support the partner visa application?

Documents must demonstrate the four pillars of a relationship: financial commitment (joint accounts, shared expenses), social commitment (socially recognized as a couple), household commitment (living together and sharing responsibilities), and nature of commitment (evidence of ongoing dedication like joint travel and shared purchases).

Can you apply for the onshore partner visa if you hold a bridging visa?

Yes, you can apply for the partner visa if you hold a bridging visa, but you will need to meet additional Schedule 3 requirements, which can complicate the process.

What is the Schedule 3 requirement, and why is it important?

Schedule 3 requirements apply to applicants who do not hold a valid visa or are on a bridging visa. These requirements can make the process more difficult, and it is generally advised to avoid applying under these circumstances unless necessary.

How does the Australian government assess the genuineness of a relationship?

The government assesses the relationship based on four factors: financial commitment, social integration, shared household responsibilities, and ongoing commitment. The more evidence you can provide in these areas, the better your chances of approval.

What happens if a partner visa application is refused?

If a partner visa is refused, you may need to go through the Administrative Appeals Tribunal (AAT) process, which can take up to three years for a hearing. This can be a costly and time-consuming process.

How long does it take to get the 801 permanent partner visa after being granted the 820 temporary visa?

You can apply for the 801 permanent visa two years after the 820 visa is granted. However, if the couple has been together for a long time or has children, they may receive a double grant of both the 820 and 801 visas.

How much does it cost to apply for the onshore partner visa?

The application fee for the onshore partner visa is approximately $9,000 for Department fees. Additional legal fees may apply if you seek professional assistance with the application process.