Stay Together in Australia: Onshore Partner Visa (Subclass 820/801)

Once the 820 partner visa is granted, you will be able to live and work in Australia temporarily. After a certain period of time, you may be eligible to apply for the permanent partner visa (801) if you continue to meet the requirements.

The 820 partner visa application must be lodged while you are onshore in Australia, and you must also be onshore when the visa is decided. If you are currently outside Australia, you would need to enter the country on a valid visa before applying for the 820 partner visa. It is important to ensure that you are onshore at the time of lodging and decision for the 820 partner visa application.

If you are offshore you may also consider a subclass 309 partner visa as an alternative.

Yes, once you have lodged a valid application for the 820 partner visa, you may be eligible for a bridging visa associated with the 820 visa. This bridging visa will come into effect when your current visa ceases and will allow you to remain lawfully in Australia while your 820 visa application is processed.

The Schedule 3 criteria come into play when an applicant does not meet the standard requirements for the 820 partner visa. These criteria provide an opportunity for consideration of the visa application on compelling and compassionate grounds. To be considered under Schedule 3, the applicant must meet certain requirements, including having their previous visa ceased or not holding a substantive visa at the time of application, demonstrating compelling and compassionate circumstances affecting their eligibility, and showing that significant hardship would be faced by either the applicant or their sponsor if the visa were not granted.

Yes, under certain circumstances, it is possible to have the 820 and 801 partner visas processed at the same time. If you have been in a long-term relationship with your Australian partner or spouse for at least three years, or if you have been in a relationship for at least two years and have a dependent child from the relationship, you may be eligible for concurrent processing of the 820 and 801 visas.

This means that you can lodge both the 820 and 801 visa applications together, and they will be assessed simultaneously. The Department of Home Affairs will conduct a combined assessment of your eligibility for both visas based on the evidence provided to establish the genuine nature and ongoing nature of your relationship.

If the application is successful, you will be granted the temporary 820 partner visa and the permanent 801 partner visa at the same time. This allows you to have immediate access to permanent residency in Australia without the need to wait for the temporary visa to be granted first.

It is important to note that the eligibility criteria and requirements for concurrent processing of the 820 and 801 visas can vary, and it is advisable to consult with a registered migration agent or the Department of Home Affairs for personalised advice and accurate information based on your specific circumstances.