Partner visa (subclass 820 and 801) – Onshore

Are you in Australia and have found love?

The onshore partner visa allows you to remain in Australia on the basis of your married or de-facto relationship with your partner:

i) on a temporary immigration visa (waiting period of approximately two (2) years from the date you applied for the visa) or

ii) on a permanent visa if, after the waiting period of 2 years if your partner relationship still exists and you are still eligible for this visa.

You may include dependent children in this visa.

Visa eligibility:

Married Applicants

Your marriage must be legal under Australian Law. If you were married in a country other than Australia and that marriage is valid in that country, generally it will be recognised as valid under Australian law.

Exceptions apply (not eligible):

Underage or polygamous marriages

De Facto Applicants

You and your partner must have been in a de-facto relationship for the entire 12 months immediately prior to making application and you must have been living together for at least 12 months immediately before application.

Same sex couples can apply under this subclass and use the same criteria.

Waiver of 12 months requirements

The 12-month requirement may be waived if you can demonstrate compelling and compassionate circumstances, (you and partner have children) or you have registered your defacto relationship in an Australian State or Territory.

Sponsorship

You must be sponsored by an eligible sponsor. An eligible sponsor is an Australian citizen or permanent resident, or an eligible New Zealand citizen, who undertakes sponsorship obligations.

You and your partner must show a mutual commitment to a shared life as husband and wife to the exclusion of all others.

You must also have a genuine and continuing relationship with your partner.