Australia Onshore Partner Visa 820 801
The Australia Onshore Partner Visa 820 801 is granted to you if you are a spouse or partner of an Australian citizen, Australian permanent resident, or New Zealand citizen eligible to live in Australia and at the time of lodgment of Australia Onshore Partner Visa 820 801, you are in Australia.
In this type of visa, you are granted the Australia Onshore Partner Visa Subclass 820 first to allow you stay in Australia when the Permanent Partner visa subclass 801 is processed and issued on meeting certain eligibility criteria. Applications for both the visas (820 and 801) are lodged simultaneously.
In general terms, there are 2 types of Australia Onshore Partner Visa i.e.
Partner Visa Subclass 820.
Partner Visa Subclass 801.
How to Determine Eligibility Requirements for Australia Onshore Partner Visa 820 801?
To determine the eligibility requirements under the Australia Onshore Partner visa subclasses 820 801, you have to meet the following criteria.
Your Relationship: The visa requires you to have been married to or in a de facto relationship with an Australian citizen or permanent resident or an eligible New Zealand citizen. For the purpose, you are the spouse if your marriage to any of the above person is legally valid in Australia and:
- As spouses, you both have “mutual commitment to a shared life to the exclusion of all others.”
- You have a genuine and continuing marriage relationship
- You live together or live separately and apart but not on a permanent basis.
In order to find out whether the marriage is lawful, you can check with the agency dealing with it in the relevant state or territory.
You are said to be in a de facto partner relationship if the following applies:
- You are not legally married to your partner, but you are “mutually committed to a shared life to the exclusion of all others.”
- You have a genuine and continuing relationship
- You are not related to family
- You and your partner live together or do not live apart on a permanent basis.
Your de facto partner can be someone of the same or different sex, and you both have a de facto relationship of at least 12 months while applying for the Australia Onshore Partner visa 820 801. Nevertheless, the de facto relationship does not include the time spent in an online relationship or dating. Moreover, if your de facto relationship is not 12 months old, you can still apply for the Australia Onshore Partner visa 820 801 and find eligible.
Where there is the relationship breakdown, you are still eligible for the Australia Onshore Partner visa 820 801 in some special circumstances.
Age: You must be of at least 18 years of age or more when you apply for the Australia Onshore Partner visa 820 801. The Australian law requires the couple to be of minimum 18 or older for the marriage to be considered valid.
Sponsor: The Australia Onshore Partner visa 820 801 requires you to have a sponsor, who will be your partner and is 18 years old Australian citizen, permanent resident or eligible New Zealand citizen. The sponsor should be free of any significant criminal record or offence.
In case your partner in Australia is married to you and under 18 years of age, then his/her parent or guardian, who is an Australian citizen, permanent resident, or eligible New Zealand citizen, can be a sponsor. For the purpose, the parent or guardian must live in Australia, and where the sponsors are eligible New Zealand citizens, they might have to undergo a health check.
Health Requirement: Your spouse/partner must satisfy the health requirements under this category of visa. Nevertheless, you need to undergo certain health examinations during the time of application, and they depend much on your personal situations like your citizenship, suggested activities in Australia and the place you stayed and the time how you spent during the last five years. The health examination suggested for you and your sponsors under this category of visa is the medical examination, chest x-ray, and HIV test. Some of the steps to help you complete the health examinations when you apply for the visa online are:
- Find out whether the health examination is required or not
- Get a HAP ID and request for the health examination
- Complete your medical history and give consent to eMedical processing using eMedical Client
- Fix an appointment with the panel clinic approved for the purpose or the medical services provider and attend the appointment using the eMedical Referral Letter
- Using your HAP ID, the clinic locates the case and records the examination in the eMedical and submits it
- The health case is cleared and visa processed once you meet the health requirement
The health examination results are generally valid for 12 months. Nevertheless, you can go through the “My Health Declarations Service” and determine if you need to go for a health examination. The above conditions apply to any members of the family unit included in your application.
Character Requirements: The Australia Onshore Partner visa 820 801 asks for satisfying certain character requirements listed under Section 501 of the Migration Act 1958. Your character is assessed against the requirements set and to pass the character test you should be free of all of them. Nevertheless, you are required to submit police certificates for the country or countries you have lived in for a year or more in the last ten years since you turned 16 years of age. The last ten years, in this case, is calculated immediately before the time you have lodged the Australia Onshore Partner visa 820 801 application. The police certificate obtained is viewed as valid for 12 months from the date of its issue.
Outstanding Debts: The Australia Onshore Partner visa 820 801 requires you to have repaid or made plans to repay any outstanding debts to the Australian Government before applying for it.
Refused or Cancelled Visas: In case you have had a visa refused or cancelled earlier while in Australia, then you might not be eligible to apply for Australia Onshore Partner visa 820 801.
Undergoing Two-Stage Process Onshore Partner Visa 820 801
For acquiring a permanent Australia Onshore Partner visa, you have to go through a two-stage process. The first stage is you must be granted a temporary partner visa subclass 820 if you have to become eligible for the permanent partner visa subclass 801. Though you apply for both the visas at the same time by paying a one-time fee, you will be evaluated for the permanent partner visa subclass 801 about two years after you have filed the application and will be asked to submit documents for the assessment.
Where you have been in a long-term relationship with your partner for three years or more and provide necessary documents to prove your relationship with him/her for this length of time, you will be granted the permanent Partner visa (Subclass 801) immediately after the temporary Partner visa (Subclass 820). In case you and your partner have a dependent child of your long-term relationship of two years or more, you need to furnish documents to show your relationship with your partner for this length of time and that you have a dependent child, if applicable.
Eligibility Requirements for the Australia Onshore Permanent Partner Visa Subclass 801
You are eligible for the permanent Partner visa Subclass 801 if you meet the following requirements:
- Receive a temporary Partner visa (Subclass 820)
- Still remain in the spouse or de facto partner relationship. You have to provide additional documents and will be asked to submit them about two months before the assessment. However, you will become eligible for the assessment of this visa about two years after you have applied for it.
- Your relationship with your partner is not ceased. In case your relationship has ended, you can still apply for the permanent visa and found eligible under special circumstances.
- Have followed the Australian laws while on your temporary visa
What are the Benefits of Australia Onshore Partner visa 820 801?
By acquiring a temporary Partner visa Subclass 820, you get the following benefits:
- Remain in Australia until your Permanent Partner visa (subclass 801) is processed and granted
- Find employment in Australia
- The study, with no government support in Australia
- Fly as many times as you want outside Australia
- Enrol in Australia’s national health scheme (Medicare)
- Eligible for 510 hours of English language tuition offered by the Adult Migrant English Program (AMEP)
If a permanent Partner visa subclass 801 is granted, you get the following benefits:
- Stay in Australia for an indefinite time
- Work and study
- Register formally in the health care scheme (Medicare)
- Be eligible for some social security payments
- Sponsor eligible family members for Australian permanent residence
- Travel as many times as you want outside Australia for five years from the date you received the subclass 801 visa. In such a case, you must have a Resident Return visa to return to Australia.
- Apply for Australian citizenship on eligibility
Those who possess a New Zealand passport have to inform the immigration officers at the border about having a Partner visa. On not making them known, they might be given a Special Category visa (subclass 444) and will be ineligible for the permanent Partner visa (subclass 801).
Visa Applicant document Checklist for Australian Onshore Partner visa 820 801
Documents to prove your identity:
One of the following:
- a birth certificate showing the names of both parents:
- identification pages of a family book showing the names of both parents
- identification pages of an identification document issued by the government
- identification pages of a court-issued document that proves your identity
- identification pages of a family census register.
The page of your current passport showing your photo, personal details and passport issue and expiry dates.
Two recent passport photographs
A national identity card, if you have one.
Proof of change of name, if applicable.
Documents about your relationship with your partner
- Two of Form 888– Statutory declaration by a supporting witness in relation to a Partner or a Prospective Marriage visa application
- Proof that your relationship is genuine and continuing
- If you are married, your marriage certificate.
- If you are in a de facto relationship, documents that prove this relationship
Documents about other relationships
If you have previously been married, widowed, divorced or permanently separated, provide divorce documents, death certificates, separation documents or statutory declarations.
You do not need to provide any documents to show you meet our health requirement. Your doctor will send them to us.
- Completed Form 80
- Police certificates
- If you served in the armed forces of any country, military service records or discharge papers.
Sponsor document Checklist for Australia Onshore Partner Visa 820 801
You can lodge your sponsorship form online after your partner has lodged their visa application and given you their Transaction Reference Number (TRN) or application ID.
- Proof that your sponsor is an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
- If your sponsor is an Australian permanent resident or eligible New Zealand citizen, proof they usually live in Australia
- Police certificates
- If you served in the armed forces of any country, military service records or discharge papers.
If you are sponsoring on behalf of your child
- A court document allowing the marriage between your child and the visa applicant
- Proof that you are the parent or guardian of your child.
Both applicant and Sponsor to provide:
Proof that your relationship is genuine and continuing
As many of the following documents as possible:
Factor 1 – Financial aspects of the relationship
a statement about your relationship that describes:
- how, when and where you first met
- how the relationship developed
- when you became engaged or married, if applicable
- joint activities
- periods of separation
- significant events in the relationship
- your future plans together.
Factor 2 – The nature of the household
documents that show you and your partner share financial responsibilities, for example:
- mortgage or lease documents showing joint ownership or rental of property
- loan documents of major assets such as homes, cars or major appliances in both names
- joint bank accounts
- household bills in both names
Factor 3 – Social aspects of the relationship
documents that show that you and your partner share household responsibilities, for example:
- a statement about the way housework is distributed
- household bills in both names
- mail or emails addressed to both of you
- joint responsibility for children
- your living arrangements
Factor 4 – The nature of the commitment
documents that show your relationship is known by others, for example:
- joint invitations, going out together, friends and acquaintances in common
- proof that you and your partner have declared your relationship to government bodies, commercial or public institutions
- proof of joint sporting, cultural or social activities
- proof of joint travel.
- documents to show you are committed to each other your long term relationship, for example:
- knowledge of each other’s personal circumstances such as background and family situation. You could tell us this at an interview.
- documents that show you have combined your personal matters
- the terms of your wills
- letters and phone bills that show you have been in contact when apart.
Benefits of the Visa Subclass 801.
- Remain in Australia indefinitely.
- Work in Australia.
- Study in Australia.
- Eligible for Australia citizenship.
- Eligible for social security benefits
- Eligible to sponsor relatives for a permanent residency in Australia.
- Get Medicare benefit
- Liberty to travel to and also from Australia for five years.
820 Visa To 801 Visa (Temporary Visa To Permanent Visa)
Before getting the Onshore Partner Permanent Subclass 801 visa, the applicant must have the Subclass 820 Visa. The basic purpose of this is to confirm whether there is a genuine relationship between the couple. The waiting period is normally 2 years. However, if the relationship ends for 2 years, it would become difficult for an applicant to live in Australia. 2 step Australia Onshore Partner visa 820 801 process is designed to make sure that the relationship is genuine.
To get the Australian Onshore Partner Visa 820 801 on De-facto basis, you’ll have to provide a proof that you and your partner have lived together for over 12 months.
Sometimes, when you have registered your relationship in Australian territory or state, you’ll be exempt from this 12-month requirement. For the registration, you’ll need to satisfy a few requirements, like:
- You and also your partner should be 18 or older.
- Your relationship must be exclusive to each other.
- Must not be members of the same family.
- Must not be married to another person.
Under Australian Onshore Partner visa 820 801, both same-sex, as well as different-sex companions, can register the relationship.
Relationship registration is possible in the following Australian states:
- New South Wales.
- Australian Funding Territory.
- South Australia
Each state has its requirements for registration of relationship.
Difference between 820 Partner Visa and 801 Partner Visa.
- The Subclass Visa 820 is a temporary visa whereas the subclass 801 partner visa is a permanent visa.
- The cost is paid at the time of application of the Partner Visa Subclass 820. No additional fee is paid at the time of application of the Partner Visa Subclass 801.
- For your study in Australia, you’ll get the government support when you are holding Permanent Partner Visa Subclass 801.
- With Partner Visa Subclass 820, you cannot sponsor anyone. On the other hand, with Partner Visa Subclass 801, you can sponsor your family members to come to Australia.
If your current Australian visa is going to expire soon
You can live in Australia on a Bridging visa and you will get this visa when you lodge your application for Australia Onshore Partner visa 820 801 while you are holding an Australian visa
Eligibility criteria for the Permanent Partner visa (Subclass 801).
– hold a temporary Partner visa (subclass 820).
– still in a relationship with the sponsor
– have abided by all Australian laws while on a temporary visa.
Visa Fee – Australia Onshore Partner Visa 820 801
The visa application cost for the primary visa applicant is $7715.
Dependents candidates over 18 sustain an additional visa application charge of $3860.
Dependents applicants under 18 incur an added visa application fee of $1935.
If you are holding Prospective Marriage Visa (Subclass 300) — from AUD 1170.
Adding family members in your Australia Onshore Partner Visa 820 801 application
You would have to pay extra if you want to add your kids in your Australia Onshore Partner visa 820 801 application.
You must be in Australia when you lodge your Australia Onshore Partner visa 820 801 application as well as 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).
For how long the visas last.
The Partner visa (Subclass 820) is a temporary visa. It lasts from the day it is granted up until a decision is made on your permanent Partner visa (subclass 801).
The Partner visa (Subclass 801) is a permanent visa– it lasts forever. It begins on the day it is approved.
Australia Onshore Partner visa 820 801 and Work Rights.
Visitor visa to Partner visa: If you hold an eligible visitor visa and lodge your 820-partner visa, you move to BVA when your visitor visa expires. You have complete work rights on your BVA, throughout the partner visa processing time.
457/482 visa to Partner visa: if you lodge a partner application whilst holding a 457 / 482 visa, you cannot quit working for the sponsored employer until your 820 visa is granted.
Working Holiday visa to Partner visa: If you are holding working holiday visa and lodge a partner visa, we can help you request a work legal rights wavier, permitting you to keep working longer for one employer.
Long-lasting partner relationship – special consideration
If you and your partner remain in a long-term partner relationship in the eyes of the Department as well as satisfy the evidentiary threshold, you may be eligible for a simultaneous grant of both the first-stage and also the second-stage visas.
A long-lasting relationship typically indicates either 3 years of common-law marriage if you do not have a child with each other, or 2 years of cohabitation if you do.
This is not automatically considered by the case officer. Relevant sustaining proof and formal created request require to be given to the Department.
Why Hire The Services Of Immigration Help For Onshore Partner Visa 820 801?
We will assess your eligibility for an Australia Onshore Partner visa 820 801 grant. If you don’t meet the Australia Onshore Partner visa 820 801 requirements right now, we will give guide you, how to overcome this problem. Our services include:
- Review your partner visa application
- Point out any errors, omissions and suggest improvements
- Review your supporting documents
- Identify gaps in evidence and suggest how these gaps can be filled
- Offer guidance on how to present your relationship evidence
- Review your sponsorship application
- Point out any errors, omissions and suggest improvements
- Providing the Department with a detailed submission letter that shows how you meet the partner visa requirements and provides a detailed review of your relationship evidence.
Frequently Asked Questions (FAQ) – Australia Onshore Partner Visa 820 801
1. What is an Australia Onshore Partner visa 820 801?
Answer: An Australia Onshore Partner visa 820 801 enables an individual that is not an Australian citizen or Australian Permanent Resident, however that has a partner that is an Australian citizen or Permanent Resident, to live and also operate in Australia, initially as a Temporary Resident, as well as ultimately as a Permanent Resident.
There are 2 kinds of Australian Partner Visas, an onshore Partner Visa (must be obtained in Australia– Subclass 820) and also an offshore Partner Visa (must be requested outside Australia– Subclass 309).
2. Who May Apply For Onshore Partner Visa 820 801?
Answer: You may be eligible to apply for Onshore Partner visa 820 801 if can meet out the following requirements:
- The applicant is over 18 years of age
- Visa applicant, as well as sponsor, are living together for 12 months or more in a de facto relationship
- Married Couple – Marriage must be valid under Australian Law
- The relationship should be genuine and continuing
- Mutual commitment to shared life – to the exclusion of all others
- Shared life including financial & social commitments
- Meet health and character requirements
- You are in Australia
- Your current visa does not have 8503 condition attached to it.
3. What Is the Difference Between Onshore Partner visa 820 801 or Offshore Partner Visas 309 100?
Answer: Main difference between these visa types is where the visa applicant should be located when the application is getting lodged with the Department of Immigration.
- Onshore Partner Visa: Visa applicant must be in Australia – Subclass 820/801
- Offshore Partner Visa: Visa applicant must be outside Australia – Subclass 309/100.
4. Is my partner eligible to sponsor me for Australia Onshore Partner visa 820 801?
Answer: To become eligible for sponsorship, the sponsor must meet one of the following criteria.
- An Australian Citizen
- An Australian Permanent Resident
- An eligible New Zealand Citizen
Despite meeting the above requirement, the sponsor may still not be eligible to sponsor someone because of certain limitations. Contact us to discuss further.
5. We Are In DeFacto Relationship But Mostly Live Apart?
Answer: Living together the whole time is not necessary for the Australia Onshore Partner visa 820 801 grant. However, you must be in a position to justify why despite being in a defector relationship, you are living apart. You must have solid evidence and explanation to convince the Immigration Department to justify your genuine relationship.
6. We Plan To Register Our Relationship?
Answer: Yes! It is a good step especially if you are not in a de facto relationship with your partner for 12 months or more. However, you should be well aware that it may limit your options going forward. Call us for advice before you go for relationship registration.
7. Will I Be Required To Complete A Health Assessment for Australia Onshore Partner visa 820 801?
Answer: Yes, primary as well as secondary (if any) are required to complete the full medical assessment.
8. May I Include My Children in Australia Onshore Partner visa 820 801 application?
Answer: Yes, you can add your dependent kids in your application. They are known as secondary applicants.
9. We Have a Joint Bank Account But Never Use It?
Answer: For partner visa grant, financial transparency between the couple during their relationship is highly recommended. The easiest way to show financial transparency between the couple is a joint bank account transaction.
10. I Currently Hold A Student Visa, Am I Eligible To Apply For An Onshore Partner Visa 820 801?
Answer: If you are holding an Australian Student Visa, you are likely eligible to lodge an Australian Onshore Partner Visa 820 801 application.
11. My Current Visa Has An 8503 Condition Attached, Can I Apply For Australia Onshore Partner visa 820 801?
Answer: While you are in Australia on any visa and it has 8503 condition attached to it, you are not allowed to lodge any further visa application while you are in Australia unless your 8503 condition is waived by the Immigration Department
12. I Currently Hold A Visitor Visa, Am I Eligible To Apply For An Onshore Partner Visa 820 801?
Answer: If you do not have “8503 No Further Stay” condition attached to your current Visitor/Tourist Visa; you may be eligible to apply for a partner visa while you are in Australia.
13. I Have Debts To The Australian Government, can I apply for Onshore Partner visa 820 801?
Answer: If you are having outstanding debts to the Australian Government, your visa application will not be processed unless you make an arrangement to pay them.
14. My Previous Visa Was Cancelled, Am I Ok To Make An Onshore Partner visa 820 801 Application?
Answer: While you were in Australia and your visa got cancelled or you lodged a new visa after arrival in Australia and it was refused, in such a case, you are subject to ‘Section 48 Bar” (s48). As a result, while you are in Australia, you cannot lodge any further visa application. However, there are certain exemptions to this bar and you may be eligible to lodge a successful Partner Visa application while your stay in Australia.
15. My Partner Has HIV, Will This Be An Issue for Onshore Partner visa 820 801 grant?
Answer: Major Medical conditions like HIV, Kidney transplant etc. may result in partner visa refusal. You may apply for a waiver from the strict medical conditions based on financial and compelling/compassionate grounds. To approve the waiver application, the department will consider many factors based on your circumstances. There are many other factors that the dept will consider as part of the waiver application. Need Help? Call us to find out more.
16. How Many 888 Declarations Do I Need for Onshore Partner visa 820 801 application?
Answer: Four 888 declarations are sufficient. Please do not collect them much in advance as time limits apply.
17. Our Previous Onshore Partner visa 820 801 Application Was Refused?
Answer: It is highly recommended that you hire the services of a Registered Migration Agent to manage your partner visa application. A partner visa refusal decision may be appealed to the AATA provided deadline has not expired.
18. I Do Not Have A Current Visa, Can I Apply Onshore Partner visa 820 801?
Answer: If you are in Australia and not holding any substantive visa, you have to satisfy Schedule 3 criteria to get the partner visa grant. If you are a partner visa applicant and do not meet schedule 3 criteria, you may be eligible to apply for a Schedule 3 waiver on compelling & compassionate grounds.
19. What Are Dept Processing Times for Onshore Partner visa 820 801?
Answer: The processing time for partner visa application vary from application to application. There is no fixed time. If your application is well prepared in terms of evidence, submitted documents, length of the relationship, correct application, you can reduce the processing time. Lack of proper documents and evidence adds to the frustration of the case officer; these applications usually take longer to process or may be rejected.
20. We Are The Same-Sex Couple, May We Apply?
Answer: Australian laws allow same-sex couples. All visas including onshore 820/801 Partner Visas are available to gay couples. Like any couple, you would have to satisfy various eligibility criteria coming under partner visa.
21. Can I Apply For 820/801 Visa At The Same Time?
Answer: Yes! The regulations allow for a combined partner visa application for Subclass 820/801.
22. Does The 820/801 Visa Allow Me to Work?
Answer: Yes, you are allowed to work while you are on 820/801 visa.
23. My 5 Year Travel Rights Have Expired?
Answer: Subclass 801 visa is a permanent visa and you can live in Australia for life long. With the grant of Subclass 801 visa, you are granted 5 years travel right. You can move to Australia or move outside Australia without any restriction. If your 5-year travel period has expired or is about to expire you have the following 2 options:
- Apply for Australian Citizenship
- Apply for Resident Return Visa (RRV)
If your 5-year travel facility is close to expiry, please make sure that you have made necessary arrangements before you fly overseas. You might face a problem with immigration if your travel rights expired while you were overseas.
24. What Are Department Application Charges?
Answer: DHA Visa Application Charges (VAC) for onshore partner visa 820-801 are as follows:
- $7715.00 |Primary Applicant
VAC – Visa Application Charges are generally increased at the start of each financial year.
25. When Am I Eligible For 801 Permanent Visa?
Answer: Exactly 24 months after you submitted your initial partner visa application, you can apply for 801 stage. The day you are granted Subclass 801 visa, you become Australian Permanent Resident.
26. Am I eligible to apply for a partner visa to Australia?
Answer: If you are married to, or in a de facto (common law) relationship, with an Australian citizen or permanent resident or eligible New Zealand Citizen, you are likely to be eligible.
27. Which Partner Visa should I apply?
Answer: It will depend on the location of Primary Visa Applicant when he/she applies for a Partner visa.
28. Should I apply onshore or offshore? What’s the difference?
Answer: If you are in Australia and your current visa allows to lodge a further application in Australia, you may apply for an onshore partner visa (820/801)and those visa applicants who are outside Australia at the time of application need to apply for an offshore partner visa (309/100).
29. How long will it take to process my Partner Visa application?
Answer: Read Above
30. What if the sponsor has sponsored someone to Australia before?
Answer: Sponsor may not be eligible to sponsor his/her partner if he/she has previously sponsored 2 other partners for migration to Australia or have sponsored another partner within the last 5 years or were sponsored as a partner himself/herself within the last 5 years.
Sponsorship limitation condition can be waived under compelling circumstances, for example, if your previous partner died or abandoned the relationship, and you have young children, or you have been with your current partner longer than two years, or you or your partner have dependent children. A decision on whether to waive the sponsorship limitations can only be made once an application has been lodged.
31. Is there a minimum time to sponsor my second partner?
Answer: After five (5) years since your last sponsorship, you can sponsor your second partner.
32. What is Scheduled 3?
Answer: Schedule 3 criteria additional requirements applicable to those who are in Australia and are unlawful non-citizens or bridging visa holders and want to lodge a visa application in Australia.
33. Can I include dependents from my previous marriage on my Onshore Partner visa 820 801 application?
Answer: Yes, you can do
34. Do age gaps matter in partner visa applications?
Answer: If you can justify that your relationship is genuine and committed, it does not matter.
35. Is the department going to interview me?
Answer: Usually not. Some overseas Australian post does this.
36. Are partner visas prioritized by The Department of Immigration?
Answer: Yes, family stream applications are prioritised by the department.
37. Do I have to be married?
Answer: Not necessary, but they are required to submit evidence to confirm that their relationship is genuine and continuing.
For de facto partners, a relationship must be minimum 12 months old before an applicant is eligible for the partner visa application unless you have registered your relationship.
38. Is it easier to get a Partner Visa if I marry or get pregnant?
Answer: Not necessary, the essence of a partner visa is having enough evidence to justify a genuine relationship with your partner. Marriage to your sponsor is one of the evidence of a genuine relationship, however, it would not enable your application to be processed with priority.
39. Is it possible to apply for a partner visa application without living together?
Answer: If you are applying for a prospective marriage visa, you are not required to live together. If you are applying for a partner visa and not living together for a short duration, it is ok, provided you can justify.
40. Can a migration agent expedite my Onshore Partner visa 820 801 application?
Answer: No, the Department would process the applications in the order of date of lodgement.
41. When do I obtain a Bridging Visa?
Answer: Once you have lodged the partner visa application Subclass 820, you will be granted a Bridging Visa. It will come into effect when your substantive visa has expired.
42. What are the major reasons for a Partner Visa Refusal?
Answer: In most of the cases, the reason is, Department is NOT satisfied that you are in a genuine relationship with your partner. There may be other reasons for visa refusal There may be other factors for refusals like your and/or your partner and dependents’ health/character issues.
43. What happens if my Partner Visa is refused?
Answer: Your sponsor partner may apply for review appeal to AAT within the specified time.
44. What if there are complications to the relationship during the two-year provisional period?
Answer: Unfortunately, complications take place during partner visa application process in some cases. It is one of the sponsor’s and applicant’s obligations to ‘report changes in their circumstances’.
45. Can I work on Onshore Partner visa 820 801 in Australia?
Answer: Yes, the partner visa holders have full work rights in Australia.
46. I have applied for a partner visa and I have just been told I have failed the medical examination. What happens now?
Answer: Australian Partner Visas allows “Health Waiver” if you can show “compelling and compassionate” circumstances exist, which affect an Australian citizen or Australian permanent resident to such an extent that the health requirement for the visa should be waived. If you need help concerning health waiver, Contact Us.
47. Why is an Australian Partner Visa so expensive?
Answer: Partner Visa Lodgement application currently costs over $7000. According to an article by SBS News, the Productivity Commission of Australia has concluded there is no justification for the high cost of Partner Visas.
48. I don’t live in Australia; can I get an Australian Partner Visa?
Answer: If you are in a genuine relationship with an Australian partner, you can apply for a Subclass 309 Partner Visa. Otherwise, if you are engaged to be married to an Australia Citizen or Permanent Resident, you may apply for a Prospective Marriage Visa, and travel to Australia to get married, once it is granted. Then you can apply for an Onshore Partner Visa (Subclass 820).
The other option is to apply for a Visitor Visa to Australia, and once you are in Australia, you can apply for the Subclass 820 Visa with your Australian Citizen or Australian Permanent Resident Partner provided no 8503-condition attached to your visa.
49. I have a Temporary Partner Visa. How do I become an Australian Citizen?
Answer: First get permanent partner visa Subclass 801. Once you have, satisfy all eligibility requirements for Australian citizenship. One of the requirements is–you must have been lawfully resident in Australia for four years, and one of those years must have been as a Permanent resident.
50. I am in Australia on a Visitor Visa. Can I apply for Onshore Partner visa 820 801?
Answer: Yes, you can, provided you meet all relevant requirements.
51. I am separated but not yet divorced from my husband, can I apply for a partner visa with my new partner?
Answer: Yes, you can, provided you have strong evidence that you are in a de facto relationship with your new partner, and you otherwise meet the partner visa requirements. In most cases, your partner visa application will not be granted through until you provide the Department with proof of your divorce.
52. I am in Australia, but my children are in my home country living with their grandparents. Can I add them to my partner visa application when I lodge it in Australia?
Answer: Sorry, you can’t do that. Once your Partner Visa Subclass 820 is granted apply for Subclass 445 Dependent Child Visas for your children. If you have the consents or family court orders in place, they will be able to migrate to Australia and be added to your Permanent Partner Visa application (Subclass 801).
53. I have lodged Onshore Partner visa 820 801 application, but have suffered domestic violence at the hands of my Australian Partner and have left him. I took out an Intervention Order against him. He has told Immigration that we’re not together any more. What will happen to my visa application?
Answer: You will receive a letter from the department asking you to comment on break up. At this stage (and even before receiving the letter), inform DHA stating you have experienced domestic violence. If you make such an allegation against your sponsor, the DHA will request specific evidence from you to support your claim. If the DHA accepts that you have suffered Domestic Violence, your visa will be granted based on domestic violence. If you find yourself in this situation, it is highly recommended that you seek professional assistance for your visa.
54. I want to lodge Onshore Partner visa 820 801 application, but I haven’t lived with my partner for 12 months yet. My visa will expire next month. What can I do?
Answer: If you are living in a state where relationship registration is allowed, you apply for registration. This will overcome 12 months duration problem.
55. Because the Partner Visa application fees are so expensive, I’m thinking of doing my Partner Visa application. What would your advice be?
Answer: I would not suggest you do this. Partner Visa application is very expensive and if the application gets refused, you will you lose more than $7,7150, and if you lodged your partner visa application in Australia, you will be barred from lodging another partner visa application onshore.
56. I lodged Onshore Partner visa 820 801 application in Australia. My wife, who was an Australian Permanent Resident sponsored me. Unfortunately, she died several weeks ago. What will happen now?
Answer: At the outset, we are sorry for your loss, please accept our sincere condolences for your loss. Department of Home Affairs (DHA) may still grant you a visa if DHA accepts that had your wife not died, you would have remained in your spousal relationship.
57. I have just had a baby and my husband has left me. What will happen to my Partner Visa application?
Answer: If your child is from your relationship with your initial sponsor, your partner visa application will be granted.
58. I lodged a partner visa with my partner and she has just left me. She also told me she has withdrawn her sponsorship and told Immigration. What will happen to my visa application?
Answer: Department of Home Affairs (DHA) will send you a letter, stating that they have received adverse information that your relationship with a sponsor has ceased. You will be given 28 days to respond to the request for information about your relationship with the sponsor, and if you and your partner are separated, you may either withdraw the application or wait until the application is refused.
59. My Australian Partner is threatening to have my Partner visa cancelled, can he do this?
Answer: Fortunately, NO
If you are in Australia on Subclass 820 visa or 309 visa, Department of Home Affairs (DHA) will send you a letter, stating that they have received adverse information that your relationship with a sponsor has ceased. You will be given 28 days to respond to the request for information about your relationship with the sponsor, and if you and your partner are separated, you may either withdraw the application or wait until the application is refused.
60. I had a student visa and then applied for Onshore Partner visa 820 801. Immigration has just cancelled my student visa. Does that mean I am now on the Bridging Visa that was granted when I lodged my Partner visa?
Answer: I am sorry, your understanding is wrong. With the student visa cancellation, your bridging visa which was issued based on your partner visa application is ceased. You are currently unlawful, and you should contact the Department of Home Affairs as soon as possible to obtain a Bridging Visa E.
61. I’ve met this gorgeous Australian guy online and want to lodge a partner visa with him. Where do I start?
Answer: Before you can lodge a Partner Visa application, you must have the required evidence to prove that you have a de facto or spouse or relationship AND you must have met your partner in person.
62. I’ve heard that registering a relationship takes away the need for twelve months of evidence of a relationship. How do I do that?
Answer: If you are your partner is living in a state where registration of relationship is allowed (Victoria, Queensland, Tasmania, South Australia, New South Wales, and the ACT), you can apply for relationship registration. There is at least a 28-day period before the relationship can be registered.
63. I only had a bridging visa when I applied for my Subclass 820 Partner Visa in Australia. Now I’ve been told I don’t meet something called a “Schedule 3” requirement. What does this mean?
Answer: Getting Schedule 3 waiver right now is very difficult, and we recommend you hire the services of an expert to prepare a relevant submission addressing the Schedule 3 waiver requirements on your behalf.
64. My sponsor doesn’t have a passport. Can she still sponsor me?
Answer: Yes, provided she has evidence she is an Australian citizen or Australian Permanent Resident.
65. I have applied for a Subclass 820 Partner Visa – why does my medical form say I have applied for a Subclass 801?
Answer: Partner visa application is a combined application. When you apply for a Subclass 820 Onshore Partner Visa in Australia, you have also applied for the Subclass 801 Permanent Partner Visa.
66. Is the Subclass 801 automatically granted after a certain period?
Answer: In most of the cases, NO
Sometimes, however, where a couple have strong evidence of a long-term relationship or there is a child of the relationship (and the relationship is at least two years in length), the DHA will automatically grant stage 2 permanent partner visas immediately after granting the first stage visa.
67. Am I entitled to Medicare after I have applied for Onshore Partner visa 820 801?
Answer: Yes, visit nearest Medicare Office with your acknowledgement letter which you received after lodging the partner visa application and they should issue you with a Medicare card.
68. Can I work and study whilst waiting for my Partner Visa to be processed?
Answer: Read the condition attached to the Bridging Visa Grant. If no conditions attached, it means, you can work and study. If there are work/ study conditions attached, you can apply for the waiver from the Department of Home Affairs.
69. My Partner, Visa application which I lodged onshore (it’s a Subclass 820 Visa) has been refused. What can I do now?
Answer: You may appeal the decision to the Administrative Appeals Tribunal (AAT). You must lodge the review application with the Tribunal within 21 days of the date on the refusal letter. There is no provision for late lodgement. I strongly suggest you hire the services of an experienced Registered Migration Agent who deals with AAT.
70. What happens if the subclass 801 visa is refused?
Answer: You might have the option to make an application for review to the Administrative Appeals Tribunal (AAT).
The appeal is called a ‘merits review,’ implying that the AAT will consider your evidence as lodged with immigration, and also it can consider any added info which you give as part of the review. The AAT will apply the same legislative arrangements as were used by immigration in making its decision. It can either set aside the original decision, or it might agree with the original decision of the immigration department and also the original decision will stand.
It is a must that you appeal within the given deadline mentioned in the refusal letter.
How Immigration Help can assist with your Australia Onshore Partner visa 820 801 application?
The Department of Immigration carefully looks at Partner visa applications to make certain that they satisfy the lawful needs for the visa. Failing to do so results visa rejection along with considerable lost time as well as prices for you and also your partner. Our experienced Registered Migration Agents can help you with several of the primary concerns that emerge when making an application for a Partner visa consisting of:
– if you remain in a de facto relationship, offering adequate proof that you and also your partner have actually cohabited for at the very least twelve month
– guaranteeing that you have actually given adequate proof of the authentic and also ongoing nature of your relationship
– offering thorough declarations from you, your partner and also 2 witnesses concerning numerous elements of your relationship, consisting of how you as well as your partner share your financial resources, family as well as social tasks
– how to plan for a meeting with the Department of Immigration if the Department demands very same throughout the handling of your application
As soon as you are given a temporary Partner visa, we can additionally notify you of modifications to immigration regulation and also plan when you are qualified to make an application for a permanent Partner visa.
How Immigration Help can assist with a Permanent Partner Subclass 801 visa application?
You might be qualified to apply for a permanent Partner visa:
– straight if you can reveal that you have actually been wed or in a de facto relationship for a minimum of 3 years, or for at the very least 2 years and also you have a kid with each other
– 2 years from the day you looked for your temporary Partner visa, as long as you can reveal that the relationship is still recurring
– in various other conditions such as if you hold a temporary Partner visa however the relationship has actually broken down as a result of domestic violence.
We have comprehensive experience in getting temporary as well as permanent Australian Onshore Partner visa 820 801 for individuals in a married, de facto or registered relationship.
If you are looking for assistance in relation to Australia Onshore Partner Visa Subclass 820 801, get in touch with us. We have a team of MARA Registered Migration Agents having vast experience in Australia Onshore Partner Visa. Mr Sanjayai Kapoor is a leading Registered Migration Agent in Adelaide (Australia) Call us at 0433303774 (Australia) or drop the email at [email protected]
Holders of a 457 visa may be employed for a times of happening to four years and may bring any eligible associates members, including same-sex partners, who have unrestricted play and testing rights in Australia. “If your sponsor is a start-up thing or has traded in Australia for less than 12 months, then the visa will be approved for 18 months.” Holders of the subclass 457 visa have no limit upon the number of get older they travel in and out of Australia.
Employers must be official by the Department of Immigration and Border Protection as an qualified sponsor. Primary subclass 457 visa holders are restricted to effective for their sponsor and may not work (or volunteer) for any new organisation (other than united entities as defined by the Corporations Act). In order to bend employer and sponsor, the “new employer” must be or become an credited 457 sponsor and later lodge a 457 nomination. Once the nomination is approved, the employer obligations will shift to the extra employer and the visa applicant is restricted to lively for it. There is no infatuation to apply for a other 457 visa within the validity of the visa.
Employees must moreover meet minimum levels of facility and English language requirements, in complement to tone and health requirements. Some trades occupations and passport holders from distinct countries may be required to get a skills assessment (see the TRA website).
It is common for 457 visa holders to apply for a long-lasting Australia residents visa subsequently a view to permanently acquiesce in Australia and become Australian citizens.
Restrictions upon the 457 visa
A 457 visa holder can only feint in a nominated occupation for the sponsor employer. Medical practitioners and general managers must performance in their nominated endeavor but they can accomplishment for employers additional than their sponsor or an joined entity of their sponsor. The specific occupations to which this consider applies are listed in Exemption from the requirement to comport yourself directly for the sponsor. The worker must then not have ceased employment for beyond 60 consecutive days.
457 visa update
The Australian Government reviewed the 457 proficient immigrant visa and made some provisions to quicken the transition to steadfast residency starting on 1 July 2012. From that date, non-resident workers upon the 457 bright immigration visa are practiced to transition to enduring residency if they have two years taking into account the employer who has sponsored them and if the employer provides a full-time tilt in the 457 visa holder’s nominated occupation.
Furthermore, the Australian handing out has recognised that 457 visas deserve priority in review as they are deeply responsive to the needs of the market. Overseas workers will be clever to acquit yourself in Australia upon a six-month unexpected term deed visa in the past they apply for a 457 visa.
As at 30 June 2016, the size of the subclass 457 programme was 94,890 Primary visa holders in Australia
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