7 Steps Guide Spouse, Partner Visa to Australia Subclass 820 & 801

Spouse Partner Visa to Australia Subclass 820 & 801Spouse, Partner Permanent Visa to Australia Subclass 820 and Subclass 801 allows you to live in Australia if you are the spouse or de facto partner of an Australian citizen, or an Australian permanent resident, or an eligible New Zealand citizen and living in Australia at the time of lodging of application and visa decision is made. It is a two stage process, however, both the applications are submitted at the same time with only one processing fee. Subclass 820, temporary resident visa, application is processed first and then Subclass 801, permanent residence, application will be processed after two years. The processing time is about 12-15 months.

Spouse, Partner Permanent Visa to Australia Subclass 820 visa authorizes temporary residence status to the spouse and partner to live together. After two years, the Subclass 801 application for permanent residence is processed and spouse or partner can then live permanently in Australia.

Spouse, Partner Permanent Visa to Australia Subclass 820 & 801

1. Check Eligibility:

You can apply for the temporary Partner visa (subclass 820) and the permanent residence visa for Partner (subclass 801) if you are spouse or de fecto partner of:

  • an Australian citizen
  • an Australian permanent resident
  • an eligible New Zealand citizen.

Entitlements:

The temporary Partner visa (subclass 820) lets you:

  • stay in Australia until a decision is made about your permanent Partner visa
  • work in Australia
  • study in Australia, but with no access to government funding
  • enroll in Medicare, Australia’s scheme for health-related care and expenses.

If you are later granted a permanent visa (subclass 801), you can:

  • stay in Australia indefinitely
  • work and study in Australia
  • apply for Australian citizenship (if you are eligible)
  • sponsor eligible relatives for permanent residence
  • receive some social security payments
  • travel to and from Australia for five years from the date the visa is granted.

Validity of Partner Visa subclass 820:

Your Partner visa (subclass 820) is valid until:

  • a decision is made about your permanent Partner visa (subclass 801)
  • you are granted another type of visa
  • your provisional Partner visa (subclass 820) is cancelled
  • you withdraw your application for a Partner visa (subclass 801).

In case you are granted any other visa before receiving permanent residence visa subclass 801, your temporary partner visa subclass 820 will be cancelled. Your application for subclass 801 permanent residence visa will be refused.

2. Application Forms for Subclass 820 and Subclass 801:

You can either submit application online or use paper forms to lodge your application. You can create or login to your ImmiAccount and complete the application form Form 47SP Application for migration to Australia by a partner and yur sponsor should also complete Form 40SP Sponsorship for a partner to migrate to Australia You must provide all relevant documents and pay the visa application charge by credit card when you apply.

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Alternately you can lodge your application by post or in person by completing the application form Form 47SP Application for migration to Australia by a partner and your sponsor completes Form 40SP Sponsorship for a partner to migrate to Australia. You must send the paper application to the nearest Partner Processing center in Australia.

Applicant’s locationWhere to send your application
New South WalesSydney office in New South Wales
VictoriaMelbourne office in Victoria
Queensland, Australian Capital Territory, TasmaniaBrisbane office in Queensland
Western Australia, South Australia, Northern TerritoryPerth office in Western Australia

3. Document Checklist:

Your Identity:

  • Passport: Certified copies of the biographical pages of the current passports or travel documents of all people included in the application.
  • Photographs: Four recent passport-sized photographs (45 mm x 35 mm) of each person included in the application.
    • These photographs should be of the head and shoulders only against a plain background.
    • Print the name of the person on the back of each photograph.
  • Birth Certificate: A certified copy of your birth certificate showing both parents’ names.

Your relationships:

  • Marriage Certificate: Certified copies of marriage certificates or relationship registrations for you and anyone else included in your application, even if they are not joining you in Australia.
  • You must also include a certified copy of the death certificate, divorce documents, or statutory declaration separation documents if applicable.
  • Evidence that your relationship is genuine and continuing.
  • Statutory declaration by two supporting witnesses in relation to a Partner or a Prospective Marriage visa applicant Form 888 The form must be completed by two Australian citizens or permanent residents who have personal knowledge of your partner relationship.
  • Statements from you and your partner to demonstrate history of your relationship
  • Documents to demonstrate that you and your partner share financial commitments and responsibilities in your household such as joint ownership of house or car, joint utility bills, correseponces addressed to you and your partner at the same address etc.
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If you are living in a de facto relationship, provide one of the following:

  • Evidence that you have been in the relationship for at least 12 months before you apply for this visa
  • Evidence that you have registered your relationship in Australia with the relevant state or territory authority.

Your sponsor:

  • Evidence that the sponsor is a settled Australian citizen, Australian permanent resident, or eligible New Zealand citizen. Evidence can include a certified copy of:
    • a birth certificate
    • an Australian passport or foreign passport containing evidence of permanent residence
    • an Australian citizenship certificate
    • for New Zealand citizens, evidence of length of residence in Australia and of continuing links with Australia.

If you are including any dependent children on the application form then you will require providing documents for children as well.

4. Character requirements:

  • Original police checks for everyone included in the visa application who is 16 years of age or older.
  • If anyone included in the application has served in the armed forces of any country: certified copies of their military service record or discharge papers.

5. Health Requirements:

You and any dependent included in the application must meet certain health requirements in order to be able to immigrate to Australia. If you, or any other person included in the application, have undertaken a health examination before lodging your application, you should declare your HAP ID in the application form.

6. Processing Fee:

You must pay the processing fee for Subclass 820 and Subclass 801 application. You pay the fee only once when you apply for subclass 820 visa. You can find out the current processing fee for Subclass 820 and Subclass 801 application by using this visa fee estimator tool.

7. Partner Visa Application Decision:

After you have submitted your application along with supporting documents and paid correct processing fee, you will receive acknowledgement from the Immigration department if you submitted paper application. You can track your application online using your ImmiAccount.

You may be asked to submit more documents. If your application is complete and you meet all the requirements, your application will be approved and you will be allowed to stay in Australia with your partner or spouse.

The application for permanent residence subclass 801 will be processed after two years if there is no changes in your status or you do not withdraw the application.

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