Partner visa (subclasses 820 and 801)

The Partner visas (subclasses 820 and 801) allow the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia.

The temporary Partner visa (subclass 820) is granted first and lets you stay in Australia while the permanent Partner visa (subclass 801) is processed.

1. Eligibility:

1.1 You must be married or in a de facto relationship with:

an Australian citizen

an Australian permanent resident

an eligible New Zealand citizen.

Your marriage must be valid under Australian law. This means you must have parental permission if you are 16 or 17 years of age.

You must have been in a de facto relationship for at least 12 months.

1.2 ​Age:

If you are married, usually you must be 18 or older when you apply. This is because usually, you must be 18 or older for your marriage to be valid under Australian law.

If you are a de facto partner, you must be 18 or older when you apply.

1.3 ​Your relationship

You must be the spouse (married) or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

You might still be eligible if your relationship breaks down after you lodge your application.

Note: If, at the time you apply, you have been in a long term relationship with your partner, your permanent Partner visa (subclass 801) visa may be granted immediately after the temporary Partner visa (subclass 820) visa.

Live with your prospective spouse in Australia

2. Lenght of stay:

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.

3. 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).

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).

3. Your obligations

You and your children must comply with Australian laws and your visa conditions.

You can travel outside Australia as many times as you want on the temporary Partner visa (subclass 820).

You can travel in and out of Australia as many times as you want for up to five years on the permanent Partner visa (subclass 801). If you want to travel outside Australia after this time, you must apply for a Resident Return visa (RRV) to re-enter Australia as a permanent resident.

Note:

​If your current visa is about to end. You can stay in Australia on a Bridging visa if you have already lodged your application.

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

For more information, please contact us.

Lan Phuong

Nguyen Do Lawyers

Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100)

The Partner visas (subclasses 309 and 100) allow the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia.

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Prospective Marriage visa (subclass 300)

This visa allows people to come to Australia to marry their prospective spouse.

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