Subclass 820/801 — Partner Visa (onshore) — immi.wiki

The Subclass 820/801 Partner visa is the onshore pathway for the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to obtain permanent residence in Australia. The applicant must be in Australia when the application is lodged.

The pathway involves two stages, both applied for in a single combined application:

• Stage 1 — Subclass 820 (Partner (Temporary)) — assessed first; grants a temporary visa while the permanent stage is being assessed
• Stage 2 — Subclass 801 (Partner (Residence)) — the permanent visa; assessed after the required period has elapsed

The two-stage design exists to allow the Department to assess whether the relationship is ongoing and genuine before granting permanent residence.

To be eligible, the applicant must:

• Be the spouse or de facto partner of the sponsoring Australian citizen, permanent resident, or eligible New Zealand citizen
• Be in Australia at the time of lodging the application
• Be sponsored by the Australian partner, who must be at least 18 years old, not in a prohibited relationship with the applicant, and who must meet any applicable sponsorship limits
• Have a genuine and continuing relationship — assessed against evidence of shared finances, shared household, social recognition, and mutual commitment
• Meet health requirements (public interest criterion 4005)
• Meet character requirements (public interest criterion 4001)

Timing of the permanent stage (Subclass 801)

The Subclass 801 is assessed after the required period has elapsed from the date of the application. The general rule is:

• Two years from the date of application — for applicants who have been in a relationship for less than three years at the time of application
• Immediately (or sooner) — in some cases where the couple has been together for three or more years and there are dependent children of the relationship, or where the sponsor is an Australian permanent resident or eligible NZ citizen with less than three years Australian citizenship/permanent residence

1. Sponsor lodges sponsorship application — the Australian sponsor must apply for approval as a sponsor; this may be lodged concurrently with the visa application or separately in advance.
2. Combined Subclass 820/801 visa application — lodged online via ImmiAccount; the applicant must be in Australia when lodging. Both stages are applied for in the single application.
3. Department assesses Subclass 820 — if eligible, the temporary Subclass 820 is granted, allowing the applicant to remain in Australia while the permanent stage is assessed.
4. Two-year assessment period — the relationship must continue during this period; evidence of the ongoing relationship is reviewed at the permanent stage.
5. Subclass 801 assessment — after the required period, the Department assesses whether the relationship is genuine and continuing (or whether family violence provisions apply).

The Subclass 820 (temporary stage) allows the holder to remain in, work in, and travel to and from Australia during the assessment period. It does not impose work restrictions.

The Subclass 801 (permanent stage) is a permanent visa with unlimited work and study rights.

Family violence provisions

If the relationship ends during the processing period because of family violence by the sponsoring partner, the applicant may still be eligible for the Subclass 801 permanent visa under the family violence provisions. Evidence of family violence (court orders, intervention orders, statutory declarations from family violence support services, etc.) must be provided. The family violence provisions are set out in Schedule 2 to the Migration Regulations.

Sponsorship limits

A person may only sponsor a limited number of partners over their lifetime. Sponsors who have previously had a visa refused or cancelled because of family violence or child abuse are generally not eligible to sponsor again.