Onshore Partner Visa (Subclasses 801 & 820)
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Introduction
Onshore partner visas (subclasses 820 and 801) allow the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia.
A de facto relationship is recognized when you and your partner live together (or are not permanently separated), are not married or closely related, and demonstrate a genuine, ongoing relationship with a commitment to a shared life together.
When you apply for a Partner visa in Australia, your application covers both Subclass 820 (temporary) and Subclass 801 (permanent) visas. The 820 visa is granted first, allowing you to live in Australia. Around two years later, the DHA reassesses your application, and if your relationship is still genuine and ongoing, you may then be granted Subclass 801.
Key Benefits of the Onshore Partner Visa
Subclass 820
With this subclass, you are entitled to:
- Live and work in Australia until the permanent Partner visa (subclass 801) application is processed.
- Study in Australian universities and intuitions.
- Travel to and from Australia freely (multiple entry).
- Join free English language classes (Adult Migrant English Classes) if eligible.
- Apply for the Australia’s public health care scheme, Medicare
Subclass 801
This subclass entitles you to:
- Live, work and study in Australia unconditionally.
- Access the Medicare coverage.
- Sponsor eligible family members to join you in Australia.
- Travel to and from Australia for up to 5 years.
- Apply for the Australian citizenship (if eligible).
- Join free English classes (Adult Migrant English Program) if eligible.
Who Is Eligible for this Visa?
To apply for this visa, you must meet the following requirements:
General Requirements
1. Be Onshore
Both you and your eligible family members included in the application must be onshore (be in Australia) when you apply.
2. Be 18 and over
You must usually be at least 18 years old at the time of application for the Onshore Partner Visa.
3. Health and Character
You, your eligible family member as well as dependent children must meet the health requirement, generally by completing medical examinations.
If you had health examinations for your Subclass 820, you will be informed by the DHA if you are required to undertake them again.
Also, you must satisfy the character requirement by submitting police certificates for any country in which you have lived for a year or longer over the last 10 years.
Relationship Requirements
Subclass 820
1. Be a spouse or de facto partner
To apply for this subclass, you must be either a spouse or de facto partner of your approved sponsor.
2. Real, genuine and continuous relationship
You and your partner must demonstrate that your relationship is real, genuine and continuous based on a real commitment to a shared life.
Evidence may include join bank accounts, evidence of shared household activities, rental agreements, travel itineraries and photos together.
3. Living together
You and your de facto partner must live together, or at least not live apart on a permanent basis.
If you are applying as a de facto partner, you are generally required to have lived together genuinely for at least 12 months prior to the application, unless your relationship is legally registered. Periods spent only dating or communicating online do not count toward this requirement.
Subclass 801
1. Holding a Subclass 820 or Subclass 445
To be eligible for the permanent stage, you must already hold either a Subclass 820 or a Subclass 445 (Dependent Child visa).
2. Continued relationship
When your application is decided, you must continue to be a spouse or de facto partner of your approved sponsor. Your relationship will be reassessed by the DHA against the same criteria as Subclass 820.
There are some exceptions to the continued relationship requirements, including cases of family violence, the passing of the sponsor, or having custody of a mutual child.
3. Time requirement
In most cases, you need to wait at least two years after lodging your combined 820/801 Partner visa application before the permanent visa can be granted. However, if you are in a long-term relationship (3 years or more, or 2 years with a child together), Subclass 801 may be granted at the same time as Subclass 820.
Sponsorship Requirements
1. Who can sponsor you?
Usually, your partner serves as your sponsor and they must be one of the following:
- An Australian citizen
- An Australian permanent resident
- An eligible New Zealand citizen
Eligible New Zealand citizens are the individuals holding Special Category Visa (Subclass 444) and were in Australia on 26 February 2001.
2. Sponsorship General Requirements
A) Age Requirement
The sponsor must be at least 18 years old.
B) Character Requirement
Sponsors must meet character requirements, including providing police certificates for any country where they have lived for 12 months or more in the past 10 years.
Sponsorship may be refused if the sponsor has a criminal record, particularly for offences involving children or family violence.
3. Sponsorship Restrictions
A sponsor is generally limited to a maximum of two partner sponsorships in their lifetime, with a mandatory five-year interval between each. This restriction may be waived in compelling circumstances, such as when a previous partner has died.
Visa History Requirements
A) Holding a Substantive Visa
If you do not hold a substantive visa when applying for this visa, and you have not previously held a Prospective Marriage (Subclass 300) visa, you must demonstrate compelling reasons for the grant of a Partner visa
B) Not Holding Certain Regional Visas
You may not be eligible to apply for the Onshore Partner Visa if you hold certain regional visas.
If you hold or have previously held any of the following visas as the last substantive visa, you must have maintained the respective visa for a minimum of two years before applying for the Onshore Partner Visa:
- Skilled – Regional Sponsored Visa (Subclass 475)
- Skilled – Regional Sponsored Visa (Subclass 487)
- Skilled – Regional (Provisional) Visa (Subclass 489)
If you are currently the holder of, or your last substantive visa was one of the following, you must have held that visa for a minimum of three years before being eligible to apply for the Onshore Partner Visa:
- Skilled Work Regional (Provisional) Visa (Subclass 491)
- Skilled Employer Sponsored Regional (Provisional) Visa (Subclass 494)
C) Visa Cancellation or Refusal
Any refusal or cancellation of a visa may impact your eligibility to apply for the Onshore Partner Visa.
Onshore Partner Visa Fees
Combined Application
- Base application charge: AUD 9,365
- Additional applicant charge 18 and over: AUD 4,685
- Additional applicant charge under 18: AUD 2,345
Application by Prospective Marriage Visa Holders
- Base application charge: AUD 1,560
- Additional applicant charge 18 and over: AUD 785
- Additional applicant charge under 18: AUD 390
Application Processing Time
- The application processing time for the Onshore Partner Visa usually ranges between 10 to 20 months.
FAQs about the Onshore Partner Visa
1. What happens if the sponsor dies after the 820 is granted?
The applicant may still be granted the 801, provided they can show the relationship would have continued and they have developed close ties in Australia.
2. What if the relationship ends after the 820 grant?
The applicant may still be eligible for 801 if family violence occurred or if they have custody or access rights to a shared child.
3. Do 820/801 applicants need new health checks?
Usually not. If a permanent health clearance was given for the 820, repeat medicals are only required if more than 12 months have passed or health concerns arise.
4. Are police checks required for the permanent stage?
Yes. All applicants must provide updated police clearances for any country lived in for 12 months+ since the 820 grant.
5. Can a child be added to a pending 820/801 application?
Yes. Newborn children are automatically added. Other dependent children generally need a Subclass 445 visa first, then can be added via written request or Form 1002.
6. What if I already had a Partner visa refused recently?
If you’ve had a partner visa refused within the last 21 days, you cannot validly apply for another 820/801 application while in Australia.
7. Can I apply for a Partner Visa if I have been in Australia unlawfully?
Yes, but only if you meet strict requirements. If you do not hold a substantive visa (for example, you are unlawful) and you have not previously held a Prospective Marriage (Subclass 300) visa, you must show compelling reasons why the Partner visa should be granted despite your unlawful status
