Onshore Partner Visa Subclass 820/801
What is the Onshore Partner Visa?
The Onshore Partner Visa (Subclass 820/801) allows spouses or de facto partners of Australian citizens, permanent residents, or eligible New Zealand citizens to live in Australia and eventually become permanent residents. The visa process starts with the Subclass 820 (temporary visa), followed by the Subclass 801 (permanent visa) after certain requirements are met.
At Kris Ahn Lawyers, we specialise in helping couples navigate the complexities of the visa process, from initial eligibility assessment to final visa grant, ensuring a smooth experience at each stage.
Key Features of the Onshore Partner Visa
Live, Work, and Study
The Subclass 820 Visa allows you to live, work, and study in Australia temporarily while waiting for the decision on your Subclass 801 permanent residency visa.
Pathway to Permanent Residency
Once you have held the Subclass 820 Visa for the required period and meet the necessary criteria, you can be granted the Subclass 801 visa for permanent residency.
Continuing relationship
This visa allows you to remain in Australia with your spouse or de facto partner during both the temporary and permanent visa stages.
Future Citizenship
After obtaining the Subclass 801 visa, you may eventually be eligible to apply for Australian citizenship.
Eligibility Requirements
When applying for the Onshore Partner Visa (Subclass 820/801), there are certain requirements you must first meet:
Genuine Relationship
You must be in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen (as a spouse or de facto partner).
Age Requirement
Both you and your partner must be 18 years or older.
Residency
You must be in Australia at the time of application for the Subclass 820 visa.
Certain visa holders
Holding certain regional visas may mean you are not eligible for the Subclass 820 visa, please contact us to discuss further.
Determining eligibility for any visa is an in-depth process that requires an assessment of your immigration history and circumstances. Where you have a visa refused or cancelled while in Australia, or if your last visa you’ve held has expired, you are required to provide statements to the Department addressing these issues. These statements require legal assistance. Please contact our office to discuss further.
Two Stage Process
The Onshore Partner Visa process involves two stages:
1
Temporary Visa (Subclass 820)
The Subclass 820 Visa is a temporary visa that allows you to live and work in Australia while waiting for your Subclass 801 application to be processed.
2
Permanent Visa (Subclass 801)
After holding the Subclass 820 for at least 2 years (in most cases), and provided your relationship is ongoing, you may be granted the Subclass 801 Visa, giving you permanent residency in Australia.
Relationship Evidence
To prove that your relationship is genuine and ongoing, you are required to evidence your relationship against four pillars:
Financial Evidence
Evidences the financial aspect of your relationship. Some examples can include joint bank account statements or joint loan documents.
Social Evidence
Evidences the social aspect of your relationship. Some examples can include photos of your relationship or joint invitations.
Household Evidence
Evidences the household aspect of your relationship. Some examples can include joint lease or joint utility bills.
Mutual Commitment
Evidences the commitment aspect of your relationship. Some examples can include relationship statements or wills.
It is important to note that no two relationships are the same, so the evidence provided by each couple will vary. If you’re unable to provide evidence for a particular pillar, our team will assist you in gathering sufficient proof through other pillars.
The Application Process
Here’s a breakdown of the application process for the Onshore Partner Visa (Subclass 820/801):
1
Gather Documentation
Collect evidence of your relationship, identity documents, health checks, police clearances and other requirements where applicable.
2
Lodge the Application
Submit the application for the Subclass 820/801 visa online. The application fee applies to both 820 and 801 visa, however, you are required to prepare and submit the 801 visa at the eligible time.
3
Health and Character Checks
Complete any necessary medical exams and submit police clearance certificates from all countries where you have lived for 12 months or more over the last 10 years.
4
Await Decision
You will be granted a Bridging Visa that allows you to stay in Australia while your visa application is processed.
5
Permanent Residency Application (Subclass 801)
Once you have held the Subclass 820 Visa for a minimum of 2 years (in most cases) and meet the ongoing relationship requirements, you may prepare your application for the Subclass 801 visa.
Application Fees
When applying for the Onshore Partner Visa (Subclass 820/801), the following fees may apply:
Visa Application Fee
AUD 9,095 for the primary applicant
Additional Applicants (18+)
AUD 4,550
Additional Applicants (Under 18)
AUD 2,280
Health Checks and Police Clearances:
Additional costs for medical exams and police checks.
Document Translations:
If applicable, fees for translating documents not in English apply.
Common Mistakes to Avoid
Incomplete Documentation
Ensure that all documents are submitted correctly to avoid delays in processing.
Insufficient Relationship Evidence
Provide strong and varied evidence of your relationship to demonstrate its genuineness and avoid refusals.
Meet Lodgement Eligibility Requirements
It is critical you are aware of your immigration history and circumstances before you lodge your visa.
How Can We Help?
At Kris Ahn Lawyers, we provide personalised guidance throughout the Onshore Partner Visa (Subclass 820/801) process. With expertise in complex cases and a high success rate, we ensure that your application is thoroughly prepared, increasing your chances of success.
Frequently Asked Questions
Can I travel while my visa is being processed?
Yes, but you will need to apply for a Bridging Visa B to leave and re-enter Australia while your partner visa is processing if the last visa you’ve held has expired.
What happens if my relationship ends during the visa process?
If your relationship ends while your visa is processing, you may still be eligible under specific circumstances, such as having children together or experiencing family violence.
Do I need to apply separately for the 820 and 801 visas?
No, you apply for both visas at the same time, and once eligible, you may prepare and submit your 801 visa application. You will be required to provide updated evidence of your relationship from the time your 820 visa was granted.
Can I include my children in my partner visa application?
Yes, you can include your dependent children in your Subclass 820/801 Visa application.
What happens if my visa application is refused?
If your visa application is refused, you may have the right to appeal the decision through the Administrative Review Tribunal (ART).
