Partner visa 820/801 ( applied within Australia)

The 820/801 visa is applied for in two stages.

The first stage is the 820 visa, which is a temporary partner visa. About 2 years after applying for this visa, and provided that the 820 visa has been granted, you will be eligible to apply for the second stage, which is the 801 visa – a permanent partner visa. If your relationship with your sponsor is still ongoing, you will be granted the Australian Partner Visa 801, which is a permanent residence visa.

Advantages of applying for the 820/801 visa within Australia:

As soon as you apply for the temporary Partner Visa (820), you will be granted a Bridging Visa, which allows you to:

• Stay legally in Australia while waiting for your 820 visa to be processed.
• Work and study in Australia.
• Be eligible for free Medicare healthcare coverage.

Rights and benefits of obtaining the Partner Visa:

• If granted, you and your spouse will have the right to live in Australia.
• You can leave and re-enter Australia as many times as you want before your visa expires.
• You can work and study in Australia.
• You will be eligible for free Medicare healthcare coverage.

General requirements:

• You must apply for this visa while you are in Australia.
• You and your partner must be legally married or in a de facto relationship for at least 12 months before you apply for the visa.
• If you are in a de facto relationship, you must be able to provide sufficient evidence to prove that you have been in a de facto relationship for at least 12 months, except for some special cases.
• You must be able to demonstrate that:
• Your relationship with your spouse is genuine and continuing.
• You and your partner are living together or, if separated, only temporarily.
• You meet the health requirements and do not have any serious illnesses.
• You meet the legal requirements and have not committed any serious crimes.

Sponsor requirements:

• Must be an Australian citizen or permanent resident or a New Zealand citizen who meets the required criteria and wants to sponsor you as a partner or spouse for settlement in Australia.
• Must be over 18 years of age.
• Must meet the legal requirements and have not committed any serious crimes or related offenses, including violent, anti-women or children, and sexual crimes.

The sponsor may not be able to sponsor their partner if they have:

• Previously sponsored two other partners for migration to Australia (including cases where the sponsorship was withdrawn but the partner still holds a permanent residency)
• Sponsored another partner within the last 5 years
• Previously been sponsored to Australia on a partner visa within the last 5 years

If the sponsor has sponsored or been sponsored before, they may still be allowed to sponsor their partner in some special cases, such as:

• If their previous partner passed away or left them with a dependent child
• If their current relationship with their partner has been ongoing for a long time (3 years or more)
• If they and their partner have dependent children

At NAVIA, we have experience in assisting you with all matters related to Australian marriage/fiancé visas. To book a consultation, click the "Contact" link below to schedule a free initial consultation with NAVIA.