Partner Visa 820 and 801 Onshore
Partner Visa Onshore (Subclass 820/801)
Partner Visa Onshore (Subclass 820/801)
Onshore Partner visa
Generally speaking, there are two types of Partner Visa Onshore i.e.
· Partner Visa Subclass 820
· Partner Visa Subclass 801
Amidst these two, the partner visa Subclass 820 is a temporary partner, visa via which you can live in Australia. It is also the initial stage in your pursuit of a permanent Visa of Australia. On the other hand, Subclass 801 is a permanent visa. You’ll have to apply for both these visas simultaneously. Only a single application charge is applicable. Overall, the application processing time for a permanent visa is two years from the date of the initial visa application.
Eligibility for Partner Visa Onshore (Subclass 820/801)
To avail the partner visa onshore (Subclass 820/801), the candidate must be in a de facto relationship or married to:
a) Citizen of Australia, or
b) Permanent Resident of Australia
c) Eligible Citizen of New Zealand
Partner Visa 820
The temporary partner visa Subclass 820 allows you to remain or enter Australia based on your de facto relationship with your partner or marriage. You are:
· The temporary visa is valid until the permanent visa is granted.
· The permanent visa 801 is valid for 5 years and allows you to obtain an Australian Citizenship after 4 years.
In no circumstance, you get an automatic right of permanent residence in Australia even if your fiancé or partner is a Citizen of Australia, Permanent Resident of Australia or Eligible Citizen of New Zealand. You’ll have to apply for the permanent visa (Subclass 801). After a thorough assessment, you may get your visa.
However, even with the temporary partner visa Subclass 820, you can:
· Stay in Australia until a decision is made on your permanent visa
· Work in Australia
· Study in Australia
· Avail hospital care scheme and medical benefits expenses of Australia like Medicare
Partner Visa 801
The Partner Visa Subclass 801 lets the spouse or the de facto partner of the Citizen of Australia, Permanent Resident of Australia or Eligible Citizen of New Zealand to reside in Australia permanently. Subclass Visa 801 is mostly for people who already hold a temporary Partner visa (subclass 820) or in a long term relationship with their Australian Partner at the time of the application.
Continuation of the Subclass 820 Visa
Before getting the Visa Subclass 801, the applicant must have the Subclass 820 Visa. The logic behind this is to examine whether or not there is a genuine relationship between the couple. The period of examination is usually two years. However, if the relationship or the marriage comes to an end before the expiry of the two years, the applicant might face a difficult time staying in Australia. The reason why the government follows this Visa process is to ensure that no couple falsifies their relationship only to avail a visa in Australia.
Benefits of the Visa Subclass 801
The Visa Subclass 801 lets you:
· Stay in Australia indefinitely
· Work in Australia
· Study in Australia
· Eligible for the Australia citizenship
· Eligible for certain social security funds
· Eligible to sponsor other relatives for a permanent residency in Australia
· Avail hospital care scheme and medical benefits expenses of Australia like Medicare
· Freedom to travel to and from Australia for five years
Partner Visa 820 to 801 (temporary to permanent)
Getting the permanent visa Subclass 801 is a dual-stage process. For the eligibility of the permanent visa, you need the temporary visa Subclass 820. You'll have to file for both temporary and permanent visa together. For both the applications, a single fee is paid. Once an applicant gets the temporary visa, he becomes eligible for the permanent visa. However, eligibility for permanent visa happens only two years after the grant of the temporary visa. You’ll have to provide additional documents for the authorities to examine your eligibility for the visa. But, if you and your partner were in a long-term relationship before the application of the temporary visa was filed, you’ll get the permanent visa immediately after the expiry of the temporary subclass 820 visa.
Processing time for the permanent Visa Subclass 801 is from the date of the eligibility to the final grant of the visa. You can have the 12-month cohabitation period waived and demonstrate 6 months cohabitation only. It is possible if the couple has registered the relationship in the state, they are residing in. However, registration of the relationship isn’t valid in all Australian states. To get the Australian Partner Visa on De-facto grounds, you’ll have to provide a proof that you and your partner have lived together for over 12 months.
In some cases, like when you have registered your relationship in Australian territory or state, you’ll be exempt from this 12-month requirement. Herein, a proof of your living together, irrespective of the time frame, would suffice.
On registration, you and your partner get legal recognition as a couple under the Australian state law. It is beneficial in immigration purposes. For the registration, you’ll have to meet certain requirements, like:
· You and your partner should be 18 or older.
· Both you and your partner should hold a relationship as a couple. It means that neither of you must be in a registered relationship, in a de-facto relationship or married to someone else.
· Must not be members of the same family
· Must not be married to another person.
In this visa, both same-sex and different-sex partners can register the relationship.
Long term relationship
If you and your partner have a child together or have been in a long-term relationship for over 3 years, you can avail the permanent visa immediately after the expiry of the temporary Partner visa (subclass 820).
Difference between 820 and 801 Partner Visa
The Subclass Visa 820 is a temporary or a provisional visa whereas the subclass 801 partner visa is a permanent visa.
a) The fee is paid at the time of application of the Partner Visa Subclass 820. No additional fee is paid at the time of application of the Partner Visa Subclass 801. The fee for both the visa is collected when you apply Partner Visa Subclass 820.
b) You can apply for Partner Visa Subclass 820 exclusively. Application of Partner Visa Subclass 801 cannot be made unless you hold the Partner Visa Subclass 820.
c) Partner Visa Subclass 820 is your first step to permanent residency in Australia. Partner Visa Subclass 801 is the second step to permanent residency in Australia. After you avail the Partner Visa Subclass 801, you get the permanent residency of Australia.
d) With Partner Visa Subclass 820, you can travel to and from Australia as many times as you want whereas with the Partner Visa Subclass 801 you can travel to and from Australia for five years.
e) For your study in Australia, you’ll get the government support only in the case of Partner Visa Subclass 801.
f) With Partner Visa Subclass 820, your partner can sponsor you but you cannot sponsor anyone. On the other hand, with Partner Visa Subclass 801, you can sponsor your family to come to Australia.
