The Onshore Partner visa (subclass 820 and 801) allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia.
This visa is applied for while you are onshore in Australia, and a Bridging Visa may be granted to allow you to stay in Australia while the visa is being processed.
Frequently Asked Questions
Onshore Partner visa (subclass 820) – temporary stage
The Onshore Partner visa (subclass 820) is the provisional or temporary visa granted in the Onshore Partner visa process. You must be in Australia at the time of lodging the application, but you can be inside or outside Australia when the visa is granted.
To be eligible, you must show that you are married to or are the de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen. Your partner must also lodge a sponsorship application to demonstrate their eligibility.
Married spouses must show:
- They are married and the marriage is valid under Australian law
- They are mutually committed to a shared life together to the exclusion of all others
- Their relationship is genuine and continuing
- They are living together, or if living apart, it is not on a permanent basis
De facto partners must show:
- They are mutually committed to a shared life together to the exclusion of all others
- Their relationship is genuine and continuing
- They are living together, or if living apart, it is not on a permanent basis
- Generally, that they have been living together for 12 months immediately before applying for the visa (exceptions may apply)
Generally, the Department of Home Affairs will assess four pillars of evidence to determine if your relationship is genuine and continuing and to the exclusion of others, being:
- Financial evidence: This can include bank accounts, money transfers and evidence of shared assets
- Social evidence: This can include photographs, joint invitations and letter of support
- Nature of your commitment: This can include evidence of your shared life together including plans to start a business, travel, marry or start a family
- Nature of the household: This includes information about how you run your shared household
The sponsor will also need to meet identity and character requirements. The visa applicant will need to meet health, identity and character requirements.
Partner (subclass 801) visa – permanent stage
If you meet the criteria for a Partner visa, you will generally first be granted the Partner (subclass 820) Visa. After approximately two years from applying, you may become eligible for the permanent Partner visa (subclass 801).
In some cases, such as long-term relationships, you may be eligible for immediate grant of the permanent Partner visa (subclass 801) after receiving the temporary visa.
To be granted permanent residency, you must show that your relationship is ongoing and that you continue to be sponsored by your partner.
In certain circumstances, you may still be granted the permanent Partner Visa if your relationship has broken down or your partner has passed away. These circumstances include having children from the relationship or if the relationship ended due to family violence. Legal advice is recommended in such cases.
How to Apply?
- Apply online: Lodge your application through ImmiAccount while you are outside Australia
- Provide evidence: Submit documents proving your relationship, such as joint financial records, shared household arrangements, social evidence, and commitment to each other
- Sponsor application: Your partner must submit a sponsorship application and provide evidence of their eligibility
- Health and character: Complete health and character checks. Note: these expire after 12 months. Some couples choose to wait until they are requested to provide these checks to minimize the chance of them expiring
- Wait for processing: Processing times vary. It is best to check the current published processing times on the Department of Home Affairs website
If you have questions about Onshore Partner visas, book a free 10-minute consultation with one of our immigration lawyers and have all your questions answered.
