801 VISA

• You must be married or in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen.
• If you apply based on marriage, you must provide a valid marriage certificate as proof of marriage
• If you apply based on the de facto relationship, you must have been living together for at least 12 months with your partner or you have registered your relationship with an Australian authority such as a registry of births, deaths and marriages.
• Have a sponsor who is usually your partner.
• You are currently holding a temporary visa e.g. visitor visa, student visa or working holiday visa.
• There is no “NO FURTHER STAY” condition on your current visa unless the condition has been waived.
• Meet health and character requirements.

The current processing time for this visa is around 16 months to 24 months. The processing time can be longer if you don’t include all the documents needed or you didn’t fill out the application correctly.

It’s important to pay attention to details when you fill out the application in order for your permanent visa to get approved by The Department of Home Affairs.

You become a permanent resident on the day when the visa is granted and it lets you stay in Australia indefinitely. You can also travel to and from Australia as many times as you want for 5 years from the date of your visa grant, but you need to apply for a Resident Return Visa (RRV) once every 5 years before your permanent resident visa expires to allow you to freely enter and exit Australia.

You may apply for Australian citizenship if you are eligible for this. Other benefits of this visa include allowing you to work and study in Australia and enroll in Australia’s public healthcare scheme such as Medicare. This visa allows you to sponsor other relatives for permanent residency in Australia, as long as they meet the requirements that make them eligible.

It’s possible to get a refusal at this stage if you are unable to demonstrate that you and your partner are still in a genuine and continuing relationship. That’s why it important during the 2 years period you and your partner gather all the documents required for this visa especially addressing the different aspects of your relationship.

1. How do I know if I am eligible to apply for a Partner visa onshore?
   • You will be eligible to apply for a partner visa onshore subclass 820 and 801 if your partner is an Australian citizen, permanent resident or eligible New Zealand citizen, and your partner should be your sponsor.
   • You are holding a valid visa at the time you apply for this visa.
   • You and your partner are already married or living together at least 12 months, and meet health and character requirements.
2. Can I apply for a Partner visa onshore if there is “No Further Stay” condition on my visa?
   • A ‘No Further Stay’ condition is a condition that prevents the visa holder from applying for any visas while they are in Australia.
   • You need to waive this first should you wish to apply for any onshore visa.
   • If the No Further Stay condition is waived, you can apply for another visa without having to leave Australia.
   • So, once this condition is waived, you are able to apply for partner visa onshore.
3. I have lived with my partner for less than 12 months, can I apply for a Partner visa based on de facto relationship
   • The requirements for applying the de facto relationship is you must live together with your partner for a minimum of 12 months.
   • If you live with your partner less than 12 months, you can’t apply under the de facto relationship.
4. What happens if my relationship with my partner is over when the visa application is still processing?
   • If the relationship between applicant and sponsor is over, it is the responsibility of both the applicant and sponsor to advise the Department of home affairs immediately.
   • The visa will be cancelled and the applicant will be granted a bridging visa either to make arrangements to depart Australia or arrange to apply for another visa type.
5. What if I am still married to someone else? Can I still sponsor my partner under partner visa onshore?
   • You would need to check again the eligibility of the partner visa onshore.
   • If you have met the requirements, you need to finalise all the paperwork showing that your previous relationship has ended.
   • You can’t apply for the partner visa unless you can provide related documents, such as separation documents or a divorced certificate.
6. Can I apply for a partner visa onshore if I have overstayed my visa?
   • If you have met the eligibility as mentioned previously and you have compelling reasons, then the answer is yes.
   • If you are onshore, you may look into lodging the partner visa onshore, however, Schedule 3 criteria will apply and you need to get this waived.
   • If you are in a long-term relationship with an Australian citizen, you may be eligible to apply for the onshore partner visa but there may be some regulations and restrictions to look at to double check your eligibility.
7. How much the visa fee for this visa application?
   • The visa fee for the main applicant is AUD 7,715.
   • The fee for additional applicant over 18 years old is AUD 3,860 while the additional applicant under 18 years old is AUD 1,935. If you hold visa 300 (Prospective Marriage), the visa fee for the main applicant is AUD 1,285.
8. How long it take to process my applications?
   • Visa subclass 820 will take time between 22 – 27 months and visa subclass 801 processing time is between 13 – 20 months
   • It depends on each person’s circumstances. If you don’t fill the information correctly, the processing time might be longer.
9. Can I include my family members?
   • Yes, you can include family members in your application when you apply.
   • Family members who apply for the visa must meet our health and character requirements.
10. Can I apply this visa while I am offshore?
    • Unfortunately, no. This 820 visa is designed to apply from inside Australia.
    • Therefore, you would need to be onshore when you apply and when the Department gives you the decision.
    • If you would like to apply for offshore, you may consider to apply the visa subclass 309.
11. Will I get the bridging visa after I apply the visa onshore?
    • If you apply the onshore partner visa, before your substantive visa cease, you will be granted the Bridging Visa A.
    • This BVA will be your valid visa while waiting the decision of the partner visa.
    • Usually, this BVE will allow you to work and study in Australia.