If you are in Australia and wants to remain in Australia with your partner who is an Australian citizen, permanent resident or eligible New Zealand citizen, you may apply for Subclass 820/801 Partner.
It is important to demonstrate that your relationship is genuine and continuing when applying for this visa. Additionally, the Department of Home Affairs consider four factors when assessing whether your relationship is genuine and continuing. These factors are:
The Subclass 820 is a temporary visa and the Subclass 801 is a permanent visa but both visas are applied at the same time. However, an applicant is only eligible for Subclass 801 after two years upon the grant of Subclass 820.
If your relationship has broken before the grant of Subclass 801 and while holding Subclass 820, you may still be eligible for Subclass 801. We highly recommend contacting us to check your eligibility.
There are circumstances when the Department of Home Affairs grant both Subclass 820 and Subclass 801 at the same time.
Your marriage must be recognised under Australian law to be eligible for Subclass 820/801 Partner. If you and your partner are married outside of Australia, that marriage must be recognised in that country to be recognised under Australian law.
De facto relationship (including same-sex relationship)
The migration framework requires that a de facto relationship must be at least 12 months before the date of application. However, there are exemptions in this requirement.
If your de facto partner is still legally married but cannot obtain a divorce, you may still be eligible for this visa. However, we strongly recommend contacting us to check your eligibility.
What can you do with this visa?
Sunshine Migration Law Group
Level 1, Suite B/25 Duporth Avenue
Maroochydore QLD 4558
07 5452 7207