820 and 801 visa - Onshore Partner Visa Australia
Unite with your loved one in Australia with a 820 and 801 Onshore Partner Visa.
Are you looking to live permanently with your spouse or de facto partner in Australia? The 820 visa is the first step towards achieving that goal. This temporary visa allows you to live in Australia with your partner who is an Australian citizen, permanent resident or eligible New Zealand citizen.
After 2 years of holding the 820 visa and continuing your relationship with your partner, you will be eligible for permanent residency through the 801 Permanent Partner visa. You can only apply for these visas while you are located in Australia.
At MJ Legal, our expert lawyers are here to make your partner visa application journey smooth and stress-free.
Make your partner visa application with us
Step 1
Consultancy on eligibility
We will consider your circumstances to determine if you meet the eligibility requirements for the SC 820 and SC 801 visas. Our team stays up to date with the latest changes and requirements to help you make the best decision for you and your partner. Review the eligibility requirements below!
Step 2
Making your 820 temporary partner visa application
Partner visas require a lot of evidence to support your application. Our team has created comprehensive and user-friendly checklists to help you gather the necessary information and documents.
Once you have provided us with the required information, sit back and relax as we make your temporary partner visa application with care and precision. We will also support you to address any additional document requests made by the Department.
Step 3
Making your 801 permanent partner visa application
Want to live permanently in Australia with your Australian spouse or de facto partner? Our team will guide you through the requirements and process to make the permanent partner SC 801 visa application. We will advise you on which further documents are required and the ideal time to submit them to the Department.
820 visa eligibility requirements
To qualify for the SC 820 provisional partner visa, you must:
- Have a sponsor who is an Australian citizen, permanent resident or eligible New Zealand citizen
- Be at least 18 years old
- Be married to or be in a de facto relationship with your sponsor (both same sex and different sex relationships are eligible)
- Be in Australia when you apply for this visa
Are you an eligible sponsor?
To apply for the SC 820 visa, there must be a sponsoring partner who must be an Australian citizen or permanent resident. Furthermore, to be eligible, the Australian sponsor must demonstrate that they are in a genuine, ongoing and exclusive relationship with their partner.
Additionally, the sponsor can make only one sponsorship application within a 5 year period. This means that if a sponsor has previously sponsored a spouse or de facto partner for a SC 820 visa application, (s)he cannot make another application until the lapse of 5 years from the date of that earlier sponsorship application.
Onshore partner visa document checklist
Proving that you are in a genuine relationship with your Australian partner is crucial to obtain the SC 820 and SC 801 visas. This means that you have to either be married to your Australian partner or be in a de facto relationship. You can be married in Australia or overseas. If you married overseas, we will check that your marriage is recognized as legal in Australia.
In order to prove that you are in a genuine relationship, it is vital that you submit documentary evidence covering the following matters:
- Financial arrangements within the relationship
- Social aspects of the relationship
- Commitment towards each other
- Nature of the household
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Onshore Partner Visa costs
Department fees:
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Primary applicant: AUD 8,885.00
This amount covers the cost of both the temporary SC 820 visa and the permanent SC 810 visa.
- Secondary applicant over 18 years: AUD 4,430.00
- Secondary applicant below 18 years: AUD 2,215.00
Other fees
You will also incur costs to meet the other requirements such as health checks & police checks.
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Onshore partner visa processing time
The processing times for the SC 820 visa are specified by the Department as follows:
- It takes around 35-37 months
Additionally, the processing times for the SC 801 permanent partner visa is noted below:
- It takes around 25-27 months
FAQs
Yes, you can include your dependent children when you lodge the SC 820 visa application. Alternatively, you can add your children after you lodge your application but prior to the Department making a decision.
Your children must be below the age of 18 years and under your custody. You can also include children between the ages of 18 to 23 who are financially dependent on you. Children over the age of 23 years can be included in the SC 820 visa application if they are dependent on you due to physical and/or mental conditions. However, married children cannot be included in your partner visa application.
You are considered to be in a de facto relationship with your Australian partner if:
- you are not married to each other
- you are mutually committed to each other and your relationship is exclusive
- your relationship is genuine and continuing
- you live together or do not live permanently apart
- you are not related by family
In order to apply for the SC 820 visa, you must be in a de facto relationship for a minimum of 12 months.
You are exempted from the 12-month requirement if:
- you can prove that there are compelling and compassionate circumstances for you to be granted the visa; or
- your partner is a holder or previously held a permanent humanitarian visa; and
- prior to granting that visa, your de facto relationship was existing, and
- your partner informed the department of the de facto relationship before that visa was granted.
Since the SC 820 visa requires that you be in Australia when you lodge the application, you will be granted a Bridging visa until the SC 820 visa application is processed. Your Bridging visa will have the same rights and conditions as your previous visa.