Onshore Partner Visa

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The Onshore Partner Visa (Subclass 820/801) allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia. This visa is a two-stage process, beginning with the temporary Subclass 820 visa and leading to the permanent Subclass 801 visa. Here is a comprehensive guide to help you understand the process, requirements, and benefits of the Onshore Partner Visa.

What is the Onshore Partner Visa?

The Onshore Partner Visa is designed for individuals who are already in Australia and wish to stay with their partner. The application is lodged and processed while the applicant is in Australia, allowing them to remain in the country during the processing period.

Temporary Partner Visa (Subclass 820)

The first stage of the process is the temporary Subclass 820 visa. This visa allows you to:

• Stay in Australia until a decision is made on your permanent visa (Subclass 801)
• Work and study in Australia (without access to government funding for tertiary education)
• Enroll in Australia's public healthcare scheme, Medicare
• Travel to and from Australia

Permanent Partner Visa (Subclass 801)

The second stage is the permanent Subclass 801 visa. This visa grants you:

• Permanent residency in Australia
• The right to work and study in Australia
• Access to Medicare and certain social security payments
• The ability to sponsor relatives for permanent residency
• Travel to and from Australia for five years
• Apply for Australian citizenship (if eligible)

Eligibility Criteria

To be eligible for the Onshore Partner Visa (Subclass 820/801), you must meet several criteria:

Relationship Requirements:

• Be married or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen
• Provide evidence of a genuine and continuing relationship
• If married, your marriage must be legally valid under Australian law
• If in a de facto relationship, you must have been in the relationship for at least 12 months (unless there are compelling and compassionate circumstances)

Age Requirement:

• Both the applicant and sponsor must be 18 years or older

Health and Character Requirements:

• Meet health requirements by undergoing a medical examination
• Meet character requirements by providing police certificates from all countries where you have lived for 12 months or more in the past 10 years

Sponsorship:

• Your partner must be willing and able to sponsor you
• The sponsor must meet character requirements and provide evidence of their Australian citizenship, permanent residency, or eligible New Zealand citizenship

Application Process:

Prepare Your Documents:

• Gather documents to prove your identity, relationship, health, and character
• Evidence of your relationship can include joint bank account statements, rental agreements, photographs, and statutory declarations

Lodge Your Application:

• Submit your application online through the Department of Home Affairs website
• Pay the visa application fee

Temporary Visa Processing:

• After submitting your application, you will be granted a Bridging Visa A (BVA) to stay in Australia while your Subclass 820 visa is processed

Permanent Visa Processing:

• Once you have held the temporary Subclass 820 visa for at least two years, you can be assessed for the permanent Subclass 801 visa
• You may need to provide updated evidence of your continuing relationship

Processing Times

Processing times for the Onshore Partner Visa can vary. Generally, the Subclass 820 visa takes 20 to 29 months, and the Subclass 801 visa takes 11 to 23 months. Factors affecting processing times include the completeness of your application and the demand for this visa category. Please refer to the department's processing time guide for the current estimates on processing times.

Benefits of he Onshore Partner Visa

• Stability: Allows you to stay with your partner in Australia during the entire processing period
• Work Rights: Grants full work rights in Australia
• Healthcare: Access to Medicare
• Pathway to Citizenship: Opens the door to becoming an Australian citizen