If you are in a relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen and looking to live in Australia, the Australian Partner Visa Subclass 820/801 allows you to be with your spouse or de facto partner in Australia. This onshore visa will enable you to apply while you are in Australia and can lead to temporary and permanent residency. Special Counsel Priya Patel’s latest video will guide you through the application process and essential eligibility requirements.
Two-Stage Application Process of the Partner Visa
The Australian Partner Visa Subclass 820/801 follows a two-stage application process. Initially, you apply for the Subclass 820 visa, which grants you temporary residence with your partner and dependent children in Australia. After two years of fulfilling the requirements and maintaining your relationship, you can apply for the Subclass 801 visa, granting you permanent residency in Australia. In certain circumstances, if you meet particular requirements, you may be able to access immediate consideration for Permanent residency ad avoid the two year temporary period,
Eligibility for De Facto Relationship
Marriage is not a requirement for this visa; you can be married or in a de facto relationship with your partner. To meet the eligibility for a de facto relationship, you must demonstrate the following:
- You are not married to each other.
- You have a mutual commitment with your partner exclusively.
- Your relationship is genuine and ongoing.
- You live together or are not living permanently apart.
- You must be in the de facto relationship for at least 12 months before applying for the visa.
Note that time spent dating or in an online relationship may not be considered part of the 12-month requirement.
Exemptions to the 12-Month Requirement
There are some exemptions to the 12-month de facto relationship requirement. The requirement can be waived in certain situations, which our experts can guide you through.
Four Pillars of Evidence
When applying for the visa, you must provide evidence of your relationship under four main pillars:
- Financial Aspects: Showcase how you and your partner support each other financially, including shared ownership, joint bank accounts, and shared expenses.
- Nature of Household: Demonstrate your shared living arrangements, such as a shared lease or joint ownership, and official documents sent to both of you at a shared address.
- Social Aspects: Provide evidence of your social commitment, such as social media posts, photos together, travel tickets, and invitations to family or friends gatherings.
- Nature of Commitment: Show your commitment to each other, even in times of separation, by providing communication logs, chat history, emails, or other forms of correspondence.
Living Together Not Mandatory
Contrary to popular belief, living together is a flexible requirement for a partner visa. You can apply even if you are living apart due to specific circumstances. Long-distance relationships or cultural and religious traditions may sometimes prevent cohabitation before marriage. The Department will assess such cases on an individual basis, and it is important to seek advice specific to your circumstances.
Expert Assistance for a Smooth Application
While the visa application process might seem straightforward, mistakes or errors can lead to delays or visa refusal. In case of refusal, you may need to appeal the decision with the Administrative Appeals Tribunal (AAT), leading to a prolonged and costly process. Getting your application right from the beginning is crucial to avoid such issues.
Contact Us for Expert Guidance on a Partner Visa
If you are in a relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen and wish to apply for a partner visa to remain in Australia together. In that case, our team of experts is here to assist you. Please contact us, and we will help you navigate the process smoothly, ensuring a successful application and a step closer to living together in Australia.