Spouse

Partner visa (apply in Australia) (subclass 820 and 801)

This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia temporarily. Getting this visa is the first step towards a permanent Partner visa (subclass 801).

Long term relationship

If, at the time you apply, you have been in a long term relationship with your partner (3 years living together or have a child together and living together for 2 years), your permanent Partner visa (subclass 801) visa may be granted immediately after the temporary Partner visa (subclass 820) visa.

If your current visa is about to end

You can stay in Australia on a Bridging visa if you have already lodged your application.

Cancelled or refused visas

You might not be able to apply for this visa if you have had a visa cancelled or refused while you were in Australia.

Eligibility criteria for the permanent Partner visa (subclass 801)

• hold a temporary Partner visa (subclass 820)
• continue to be in the spouse or de facto partner relationship unless your relationship has ended and there are special circumstances
• have complied with all Australian laws whilst on your temporary visa.

Location

You must be in Australia when you lodge your application and when a decision is made on the temporary Partner visa (subclass 820).

You can be in or outside Australia when a decision is made on the permanent Partner visa (subclass 801).

Processing Time

The processing time of subclass 820 is:

• 75% of applications: 22 months
• 90% of applications: 27 months

The processing time of subclass 801 is:

• 75% of applications: 13 months
• 90% of applications: 20 months

If the applicant do not want to separate with your partner for such long time or he/she tied to fly frequently, the applicant can apply subclass 820/801 visa ON SHORE instead of apply subclass 309/100 visa OFF SHORE. So, the applicant can entre Australia with Visitor visa (without 8503 condition) and then apply subclass 820/801 visa on shore. If you hold an eligible visitor visa and lodge your 820 partner visa, you transition onto Bridging Visa A or a BVA when the visitor visa expires. You have full work rights on your BVA, during the partner visa processing time. Also, you can apply Medicare once you applied Subclass 820/801 visa.

Note： if the applicant wants to go out Australia, please remember to apply Bridging Visa B (BVB) before he/she go overseas. Or the BVA will be eased.

Otherwise:

If you are outside Australia when you want to lodge your application, consider either:

• a Prospective Marriage visa (subclass 300)
• a Partner visa (subclass 309 and 100).

How long the visas lasts

The Partner visa (subclass 820) is a temporary visa. It lasts from the date it is granted until a decision is made on your permanent Partner visa (subclass 801).

The Partner visa (subclass 801) is a permanent visa – it lasts indefinitely. It starts on the date it is granted.

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