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PARTNER VISA (PERMANENT) SUBCLASS 820
| Overview | This visa allows the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia temporarily. Getting this visa is the first step towards a permanent Partner visa (subclass 801). |
| Visa type | Temporary |
| Cost of application | From AUD1,285 for Prospective Marriage visa (subclass 300) holders, from AUD7,715 for other applicants (see ’cost’ below for additional information) |
| Duration of visa | You can stay on the visa until a decision is made on your permanent visa (subclass 801) application. Generally about 15 to 24 months. |
| Uses of this visa |
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| Eligibility | Applicants must meet the following requirements-
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COST
- Prospective Marriage visa (subclass 300) holders: AUD1,285 for the main applicant.
- If you previously held a Prospective Marriage visa but didn’t apply for the subclass 820 and 801 visas before that visa expired: AUD1,630.
- Dependent Child visa (subclass 445) holders: nil.
- Most other applicants: AUD7,715 for the main applicant.The cost covers this Temporary visa and the Permanent Partner visa (subclass 801).
There is also a fee for each family member that applies for the visa with you.
You might also have to pay other costs such as those for health checks, biometrics and police certificates.
Dependent Children
You can include a dependent child or children in your application:
- when you submit your application, or
- after you submit your application but before we decide your temporary visa
Do this in ImmiAccount.
These dependants must:
- meet the health requirement
- meet the character requirement
- be in Australia
You can also add a dependent child after you temporary visa has been granted.
Relationship Requirements
In most cases, you must be the spouse or de facto partner of an:
- Australian citizen
- Australian permanent resident or
- eligible New Zealand citizen
Your relationship can be with someone of the same or different sex.
You might still be eligible for the visa if your relationship breaks down or your sponsor dies while we are considering your application.
Married applicants
To be a married applicant:
- you and your spouse must both be committed to a shared life together to the exclusion of all others
- your relationship with your spouse must be genuine and continuing
- you must live with your spouse or do not live apart on a permanent basis
- your marriage must be valid under Australian law
De facto partners
To be a de facto partner, you must be in a de facto relationship.
you and your partner are in a de facto relationship if all these apply:
- you are not married to each other
- you are committed to a shared life to the exclusion of all others
- your relationship is genuine and continuing
- you live together or do not live separately and apart on a permanent basis
- you are not related by family
Usually your de facto relationship must have existed for at least 12 months immediately before you apply for the visa. Time spent dating or in an online relationship might not count as being in a de facto relationship.
The 12-month requirement will not apply if you can show that compelling and compassionate circumstances exist to grant the subclass 820 visa.
The 12-month requirement also will not apply if:
- your partner holds or held a permanent humanitarian visa
- your de facto relationship existed before their visa was granted
- your de facto partner told the Department of Immigration about the relationship before their visa was granted
It also will not apply if you:
- are in a de facto relationship with a partner who is an applicant for a permanent humanitarian visa, or
- you have registered your relationship with an Australian authority such as a registry of births, deaths and marriages
You might still be granted the temporary visa if your relationship has broken down or if your sponsor died.
Partner visa (Permanent) Subclass 801
| Overview | This visa allows the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia permanently. It is usually only for those who currently hold a temporary Partner visa (subclass 820). |
| Visa type | Permanent |
| Cost of application | Zero (You paid for this visa when you made your combined application for the temporary and permanent partner visas.) |
| Duration of visa | Since this is a permanent visa, you can stay in Australia indefinitely. |
| Uses of this visa |
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| Eligibility | Applicants must meet the following requirements-
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Travel Facility
You can travel to and from Australia as many times as you want for 5 years from the date the visa is granted. This is as long as the travel facility on this visa remains valid.
If you want to travel after the initial 5-year travel facility:
- you will need to apply for and be granted a Resident Return (RRV) so that you can re-enter Australia as a permanent resident
- you might also want to consider Australian citizenship. If you become an Australian citizen, you don’t require a visa to enter Australia. You will need to apply for an Australian passport and use it to leave and re-enter Australia.
