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Onshore partner visa (subclasses 820 and 801)

A combined onshore application for the partner of an Australian citizen, permanent resident or eligible New Zealand citizen.
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Subclasses 820 and 801

The onshore partner application is lodged in Australia. Subclass 820 is the temporary visa. Subclass 801 is the permanent visa, considered later.

The relationship is the criterion that decides the visa: spouse or de facto, genuine and continuing.

Requirements

  • The sponsor is an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen.
  • The couple are spouses, or de facto partners.
  • The relationship is genuine and continuing, and they live together or do not live separately on a permanent basis.
  • A de facto relationship usually has to have existed for 12 months, unless it is registered or there are compelling reasons to waive that period.
  • The applicant is in Australia.
  • The sponsor meets the sponsorship requirements, including any sponsorship limitation.
  • If the applicant does not hold a substantive visa, the Schedule 3 criteria can apply.
  • Health and character requirements.

The two stages

  • Subclass 820 is granted first. It is a temporary partner visa.
  • Subclass 801 is the permanent stage. It is usually assessed after a further period in the relationship.
  • Both stages are part of the one combined application.
  • A decision on the permanent stage looks at whether the relationship has continued.

Relationship evidence

  • Financial evidence, the household, the social side of the relationship, and the nature of the commitment.
  • Identity documents for both people, and the sponsor’s status.
  • Time apart has to be explained. It does not by itself end a genuine relationship.
  • We advise on the evidence that fits this couple, including where a previous visa has been refused.
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Discuss an onshore partner visa

We will tell you whether the relationship evidence is ready, and whether Schedule 3 is an issue.

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