Are you in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen? If so, you may be eligible for the Partner visa (subclasses 820 and 801) to live and work in Australia with your partner. This visa allows you to stay in Australia with your partner while your permanent visa application is processed, giving you the opportunity to build a life together in Australia. In this article, we'll explore the eligibility criteria, application process, and benefits of the Partner visa (subclasses 820 and 801).
What is the Partner visa (subclasses 820 and 801)?
The Partner visa (apply in Australia) (Subclasses 820 and 801) allows the partner or spouse of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia with their partner. It is a two-stage visa application process, where the applicant first applies for the temporary Partner visa (subclass 820) and then, if eligible, for the permanent Partner visa (subclass 801).
It's important to note that this visa is only available for partners of eligible sponsors who are either an Australian citizen, permanent resident, or eligible New Zealand citizen. The applicant must also meet certain health and character requirements and demonstrate a genuine and ongoing relationship with their partner. Additionally, the application process can be lengthy and complex, with strict documentation and evidence requirements.
Benefits of the Partner visa (subclasses 820 and 801)
The Partner visa (subclasses 820 and 801) allows the partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia temporarily or permanently. One of the primary benefits of this visa is that it enables couples to live together in Australia and build a life together. Additionally, holders of this visa are eligible to work and study in Australia, and have access to Medicare benefits. The temporary subclass 820 visa allows the applicant to live and work in Australia while their permanent subclass 801 visa application is being processed. Once the permanent visa is granted, the holder can live and work in Australia indefinitely, travel in and out of the country freely, and even apply for Australian citizenship if eligible. Overall, the Partner visa (subclasses 820 and 801) is a great option for couples who want to live together in Australia and build a life together with all the benefits of Australian residency.
Eligibility for the Partner visa (subclasses 820 and 801)
To be eligible for the Partner visa (Subclasses 820 and 801), applicants must meet specific criteria that vary depending on the subclass being applied for. These criteria are complex and detailed, with numerous requirements that must be met by both the Australian sponsor and the foreign partner. To ensure a successful visa application, it is important to carefully review and understand the eligibility requirements for both stages of the visa process - temporary and permanent.
Temporary Partner visa (subclasses 820)
To be eligible for a Partner visa (subclass 820), which grants temporary residency in Australia to the foreign partner of an Australian citizen or permanent resident, there are a number of requirements that must be met. First, the applicant must not have had a visa cancelled or an application refused, and cannot hold certain regional visas. Additionally, the applicant must be in Australia when they apply, have a sponsor, meet age and relationship requirements, meet the health and character requirements, have no debts to the Australian government, and ensure that the best interests of any children involved are taken into account.
To meet the age requirement, married applicants must be at least 18 years old, while applicants in de facto relationships must also be 18 or older. The relationship requirement specifies that the applicant must be the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen. This applies both when the application is submitted and when it is being decided. The applicant's relationship can be with someone of the same or different sex. If the applicant is experiencing domestic and family violence, there are provisions in place to help them apply for consideration to be granted their temporary and permanent visa.
For married applicants, their marriage must be valid under Australian law, and they must have a mutual commitment with their spouse to the exclusion of all others. The relationship must also be genuine and continuing, they must either live together or not live permanently apart, and they must not be related by family. De facto partners must similarly have a mutual commitment with their partner to the exclusion of all others, a genuine and continuing relationship, and either live together or not live permanently apart. They must not be married to each other and cannot be related by family.
In general, applicants must have been in a de facto relationship for at least 12 months immediately before applying for the visa. However, this requirement does not apply in certain cases, such as if they can show compelling and compassionate circumstances, if their partner holds or held a permanent humanitarian visa and they told the government about their relationship, or if they have registered their relationship with an Australian authority.
Finally, to be eligible for the temporary Partner visa, the applicant, any members of their family unit, or dependent children who apply with them must meet the health and character requirements, as well as have no debts to the Australian government. Additionally, the best interests of any children involved must be taken into account.
Permanent Partner visa (subclass 801)
To be eligible for a Partner visa (Permanent) for Australia, certain requirements must be met. Firstly, the applicant must meet visa requirements, which includes holding either a Partner visa (subclass 820) or a Dependent Child (subclass 445) visa. Furthermore, at least two years must have passed since applying for the combined 820 and 801 visa for the applicant to be assessed for the permanent visa. However, if the applicant was in a long-term relationship or their sponsor held a specific visa before they applied, they might be granted the permanent visa within less than 2 years. This will be communicated by the Australian government.
Secondly, the applicant must continue to meet relationship requirements, which includes being the spouse or de facto partner of the same person who sponsored them for the temporary Partner visa. The applicant must also be married or in a de facto relationship, have a genuine and continuing relationship, live together, or not live permanently separately and apart, and be mutually committed to a shared life excluding other partners. In the event that the relationship breaks down or the partner dies before the permanent visa is granted, the applicant might still be eligible for the visa. If the applicant is experiencing domestic and family violence, they can apply for consideration to be granted their permanent visa.
Thirdly, the applicant must have no debt to the Australian government or have arranged to pay debts back. If the applicant or any family members owe money to the Australian government, they must have paid it back or have an approved arrangement in place to pay it back.
Finally, if there is an applicant under 18 years of age, the decision to grant the visa will depend on what is deemed to be in their best interests.
How to apply for the Partner visa (subclasses 820 and 801)?
To apply for the Partner visa (subclasses 820 and 801), you need to submit an online application and provide all the necessary supporting documents. The first step is to create an ImmiAccount on the Department of Home Affairs website and start the application process.
Once you've started your application, you'll need to complete several forms and provide information about yourself and your partner, including your personal details, relationship history, and evidence of your ongoing relationship. You'll also need to provide evidence of your identity, health, character, and finances.
You'll need to pay the visa application fee when you submit your application, and you may also need to pay additional fees for health assessments, police checks, and other services.
After you submit your application, you'll receive a confirmation email with a transaction reference number (TRN) that you can use to track the progress of your application online. You'll also be asked to complete a health examination and provide any additional information or documents requested by the Department of Home Affairs.
The processing time for the Partner visa can vary depending on a range of factors, including the complexity of your case and the volume of applications being processed at the time. It's important to be patient and provide all the information and documentation required to help ensure that your application is processed as smoothly and quickly as possible.
If your application is successful, you'll be granted a temporary Partner visa (subclass 820) that allows you to live and work in Australia with your partner while your permanent visa application is being assessed. After two years, if you continue to meet the relationship and other requirements, you may be eligible to apply for the permanent Partner visa (subclass 801).
If your application is unsuccessful, you'll receive a decision letter outlining the reasons for the decision and your appeal rights. You may be able to apply for a review of the decision or appeal to the Administrative Appeals Tribunal (AAT) in some circumstances.
Conclusion
In conclusion, applying for a Partner visa (subclasses 820 and 801) can be a complex process that requires careful attention to detail and patience. It's important to make sure that you meet all the eligibility requirements before submitting your application to avoid any delays or rejections.
We advise that you seek professional help to guide you through the process and ensure that you have provided all the necessary documents and information. This can increase your chances of a successful application and save you time and money in the long run.
Additionally, be honest and transparent throughout the process, especially when answering questions about your relationship. Providing false information or misrepresenting your circumstances can result in serious consequences, including rejection of your application and even deportation.
By following these tips and being prepared, you can improve your chances of obtaining a Partner visa and start your new life in Australia with your loved one.
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