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Partner Visa Australia

Navigating the journey of securing a future with your partner in Australia can be daunting. At Albert Arthur Lawyers, we understand the challenges applicants face when trying to get an approval for their partner visa. We are here to guide you though every step of the application process.

The subclass 820/801 partner visa is ideal for applicants who are currently in Australia and wish to be sponsored by their partner who is an Australian citizen, permanent resident, or eligible New Zealand citizen. The partner visa holds the key to making Australia your permanent home together.

Love knows no boundaries, and neither do we.

No matter where you’re from, our team is dedicated to helping you and your partner achieve your dreams of a life together in Australia.

Partner Visa Requirements

Applicants will need to meet the requirements of the partner visa for the application to result successfully. The applicant must demonstrate that they are in a de facto or spousal relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.

For a de facto relationship, the following requirements must be met:

  • The relationship must be genuine and continuing
  • The relationship must be ongoing for at least 12 months prior to the application unless certain exceptions apply.
  • The couple live together or do not live separately and apart on a permanent basis
  • There is a mutual commitment to a shared life to the exclusion of all others
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How It Works

There are two stages involved in the partner visa application process; the first is the temporary partner visa (subclass 820), and the second is the permanent partner visa (subclass 801). In some cases where the relationship has been ongoing for a long time, both visas can be granted at the same time.

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1. Temporary Partner Visa (subclass 820)

This visa will allow the applicant to stay and remain in Australia until they are granted the permanent partner visa.

If the applicant does not hold any visa or has been refused or cancelled a visa in Australia, they can still apply for the partner visa. However, additional requirements will apply. In certain circumstances, they can also include their child(ren) even though the child(ren) is over 18 years old.

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2. Permanent Partner Visa (subclass 801)

The permanent partner visa is generally assessed after 2 years from the visa application date unless the applicant and the sponsor are already in a long-term relationship at the time of the visa application.

This stage of the visa application is a permanent visa that allows the holder to remain in Australia indefinitely.
In some cases where the relationship has been ongoing for a long time, both visas can be granted at the same time.

Love knows no boundaries, and neither do we.

No matter where you’re from, our team is dedicated to helping you and your partner achieve your dreams of a life together in Australia.

Partner Visa Requirements for Sponsors

An Australian citizen, permanent resident, or eligible New Zealand citizen may sponsor an applicant for a partner visa unless they are prevented by the following limitations:

 

If you are affected by any of the limitations above, do not jump to the conclusion that your application will result in failure. We highly recommended that you consult with your immigration lawyer or migration agent to strategise an argument for your case. Our team are experts in navigating through the challenges of a difficult case. If you are faced with ineligibility or rejection, please do not hesitate to contact us.

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Relationship Breakdown In Between the Process

There are some cases where the relationship with the sponsor breaks down after the partner visa is lodged, but before the permanent partner visa is granted. There are provisions in the law that allow the partner visa holder to be granted a permanent visa. For example, if there is a minor child or domestic violence involved. Every case is assessed differently, and therefore you must contact your immigration lawyer or migration agent immediately if your relationship has ceased.
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Let us be your trusted partner on this journey to permanent residency

Partner Visa Frequently Asked Questions

Currently, the average processing time can be lengthy, even for the first stage (temporary visa). In some cases, it may take up to 2 years.
To speed up the process, the partner visa application must be accompanied by complete documents. This is called a decision-ready application. If there is missing evidence or incomplete supporting documents provided, it will cause a delay in the application.
For more accurate processing time, you can visit Global Processing Time.

The permanent Partner visa application can be considered 2 years after the visa application is lodged.

Generally, someone can only sponsor 2 persons during their lifetime. Each sponsorship must be at least 5 years apart. However, the sponsor can request for these limitations to be waived, in some circumstances.
There is a merits review/appeal avenue available to the Tribunal, should your Partner visa application be refused by the Department of Home Affairs.
A refund from the Department is generally not available if the relationship breaks down. However, there may be some instances where you can still be granted a visa even though the relationship has broken down.

Subclass 820 applicant can now be granted the visa while onshore or offshore.

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