Partner visa onshore (820 and 801)

Partner visa onshore (820 and 801) allows the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen (ENZC) to live in Australia.

The temporary Partner visa (subclass 820) is granted first and lets you stay in Australia, after 24 months you may be eligible for a permanent Partner visa (subclass 801).

Partner visa (temporary) 820:

• Sponsor must be Australian citizen, Permanent Resident or eligible New Zealand citizen (ENZC) and over 18 years old
• Sponsor must not be prohibited from sponsoring
• Be in a genuine and continuing relationship with Australian citizen, Permanent Resident or eligible New Zealand citizen de facto partner or spouse and over 18 years of age OR if not sponsored by parent or guardian of the spouse
• Must have been living together for at least 12 months or else de facto relationship needs to be registered at the Birth, Death and Marriage Registry. Relationship registration is not available in Western Australia and Northern Territory.
• Must be in Australia at time of application and time of decision
• If holder of 475 or 487 visa, must have held that visa for at least 2 years, if holder of 491 or 494 visa, for at least 3 years and to have substantially complied with the conditions attached to the provisional visa
• Meet health and character requirements

Partner visa (Permanent) 801:

• Applicant holder of Partner visa (temporary) 820
• Spouse or de facto of the sponsoring partner
• 2 years have passed since the application for Partner visa (temporary) 820 was made unless in a long term relationship (at least 3 years’ relationship or 2 years’ relationship if there is a dependent child of both the applicant and the sponsor)
• May be inside or outside Australia at time of decision
• Meet health and character requirements

Proof of your relationship

You need to show you are in a continuing relationship with your sponsor.

If you are married, provide your marriage certificate or other evidence that your marriage is valid in Australia. If you are a de facto partner, provide proof of your de facto relationship.

This proof should show that:

• You have a mutual commitment with your spouse of de facto partner to the exclusion of all others
• Your relationship is genuine and continuing
• You either live together or don't live permanently apart
• You are not related by family

Four pillars of Partner visa

1. Financial aspects of the relationship

• Evidence that you have joints assets and liabilities such as joint bank accounts, credit cards, shares, stocks, bond, etc, joint ownership of real estate, evidence that you share financial commitments such as utility bills, rent and joint health insurance policies

2. Nature of the Household

        Demonstrate that you have joint responsibility for your household. You could provide

• A statement about how you share housework
• Household bills in both names
• Mail or emails addressed to you both
• Documents that show joint responsibility for children
• Documents that prove your living arrangements

3. Social aspects of the relationship

       Evidence that others know about your relationship

• Evidence that the relationship has been declared to other government, public or commercial bodies
•  Stat declaration form 888 from parents, family members, relatives or friends
• Joint travel plans for future

4. Nature of Commitment

       The mutuality of the relationship is determined by

• Evidence of the duration of your relationship
• Length of time you have lived together
• The degree of companionship and emotional support that you draw from each other
• Knowledge about each other’s background and family
• Evidence of intentions that the relationship is long term for example by being beneficiary to each other’s will