Australian Partner Visa Applied from Within Australia (Visa 820/801)

In the 2024-2025 financial year, the Australian Government will grant up to 40,500 settlement visas for those married to Australian citizens or permanent residents. This is a golden opportunity for those wishing to obtain permanent residence to live in Australia with their partner in the near future. Are you planning to apply for a visa in 2024? The Partner visa applied within Australia, visa 820/801 (Partner visa – subclass 820/801) will be the solution for you. Let’s explore the details of this Australian marriage visa pair with HTE Law Group in this article!

What is the Australian Partner Visa 820/801?

The Australian Partner Visa 820/801 is an onshore marriage visa for those married to or living with eligible New Zealand citizens, Australian citizens, or Australian permanent residents.

This visa allows you to live and work in Australia while awaiting assessment for permanent settlement visa. You only need to submit one application for both visa 820 (temporary) and visa 801 (permanent) and pay the visa fee once. You will be granted the temporary partner visa (visa 820) first, then assessed for visa 801 Australia when eligible.

What is Visa 820 Australia?

Visa 820 is a temporary visa for those in a spouse or de facto relationship with Australian permanent residents, Australian citizens, or eligible New Zealand citizens to temporarily live in Australia while waiting to be granted permanent residence. Additionally, the applicant must be residing in Australian territory when applying.

What is Visa 801?

Visa 801 Australia is a permanent partner visa. This visa is only for those who already hold temporary partner visa 820. When granted visa 801 Australia, you can live permanently in Australia with your sponsor, whether they are an Australian citizen or permanent resident.

Benefits of Holding Australian Partner Visa 820/801

Many people wonder what benefits the temporary partner visa offers – here’s the answer. When granted temporary visa 820 Australia and visa 801, you will enjoy a series of important benefits as follows:

Temporary Stage (Visa 820 Australia):

• Residence rights: Temporary residence in Australia to live with your spouse or de facto partner while awaiting visa 801 assessment
• Travel rights: Freedom to enter and exit Australia while waiting for permanent visa
• Study and work rights: Work and study in Australia
• Free English language program: This visa provides opportunity to participate in free English language programs totaling 510 hours
• Additional applicants: If the applicant meets Australian Immigration Department criteria, you can add secondary applicants to your visa application
• Work and study rights: This visa provides opportunity to participate in Australia’s workforce and educational programs while waiting for visa 801 Australia assessment
• Healthcare and social security: You will receive Australia’s healthcare and social security services (Medicare), helping protect and ensure your life in all situations

This means visa 820 Australia brings you many important opportunities for development and stability in Australian life.

Permanent Stage Visa 801:

• Stay in Australia indefinitely and apply for Australian citizenship if eligible
• Freedom to enter and exit Australia
• Work and operate businesses in Australia
• Participate in Australia’s community healthcare program (Medicare)
• Domestic student tuition fees
• Receive Adult Migrant English Program (AMEP) if your dependent or partner hasn’t met English proficiency requirements for living in Australia
• Dependents under 18 of permanent visa 801 holders receive free public school education
• Can sponsor family members to Australia if meeting requirements
• Receive Australian social security benefits through Centrelink. However, must reside for 104 weeks to meet eligibility requirements for Centrelink benefits and assistance

Eligibility Requirements for Visa 820 Australia and Visa 801

To apply for subclass 820/801 visa, you must satisfy the following requirements:

Sponsor Requirements:

• Australian citizen, permanent resident, or eligible New Zealand citizen
• No history of sponsoring more than one partner, spouse, or fiancé for migration to Australia in the past 5 years (unless exceptional circumstances)
• Has not sponsored Marriage, Partner, or Prospective Marriage visas for anyone else in the past 5 years (unless exceptional circumstances)
• Provide police clearance certificates to Australian Department of Home Affairs (DHA) from each country where you lived at least 12 months in the past 10 years and agree to DHA disclosing any ‘relevant’ criminal conduct regarding you and family members included in your application

Sponsored Person Requirements:

• 18 years or older
• In Australia at time of application
• Not closely related to sponsor

Both Sponsor and Sponsored Person:

• The relationship must be genuine and continuing
• You and your spouse or partner live together
• Both must have a committed relationship for 12 months (unless married) and intend to maintain a long-term relationship

Australian Partner Visa 820/801 Application Costs

Visa subclass 820/801 fees vary depending on specific circumstances. Most applicants will pay the following fees:

Fee Type	Amount (AUD)
Visa registration fee for sponsored person	• Without visa 300: AUD 9,365
• With visa 300: AUD 1,980
Visa fee for accompanying persons	If applicant doesn’t have visa 300:
	• 18+ years: AUD 4,685
	• Under 18: AUD 2,345
	If applicant has visa 300:
	• 18+ years: AUD 990
	• Under 18: AUD 500
Health check, police check, and biometrics fees	Approximately AUD 350/adult
	AUD 300/child

Thus, total visa 820 Australia application costs will be around AUD 9,365 for adults (without visa 300) and approximately AUD 2,345 – 4,685 for accompanying persons. Each year, the Australian Government adjusts Australian settlement policies, which is why Australian visa costs generally and visa 820/801 application fees increase.

Processing Times for Australian Partner Visa Subclass 820/801

How long visa 820 takes for results is certainly a concern for many when applying for Australian partner visas. Processing times for temporary partner visas are not fixed and may vary by case. For subclass 820/801 visas, you can reference processing times as follows:

Visa Processing Time	Temporary Visa 820	Permanent Visa 801
Approximately 50% of registered visas approved	14 months	9 months
Approximately 90% of registered visas approved	40 months	29 months

What Documents Are Required for Australian Partner Visa 820/801 Application?

When assessing subclass 820/801 partner sponsorship visa applications, Australian Immigration Department staff very strictly check information provided by applicants. Therefore, you need to carefully prepare the following mandatory documents for smoother processing:

Stage 1: Documents Required for Partner Sponsorship Visa 820 Application

Identity Documents

Sponsor:

• Birth certificate
• Passport
• Evidence of name changes (if any)
• Evidence of Australian residence status or citizenship (Australian passport or Australian birth certificate may be used)
• Confirmation from Australian Federal Police – online website
• Certificates from any country where sponsor lived at least 12 months in past 10 years
• Information about current employment, for example:

  ◦ 3 most recent payslips; or

  ◦ Employment contract; or

  ◦ Letter from your employer

Sponsored Person:

• Birth certificate
• Passport
• Evidence of name changes (if any)
• Evidence of health examination booking (details available through your IMMI account after visa application submission)
• Police check number 2
• National Police Certificate issued by Australian Federal Police (if you’ve resided 12+ months in Australia in past 10 years since age 16)
• Police Certificates issued by countries where you resided 12+ months in past 10 years since age 16 (if applicable)
• Military service records or discharge papers (if served in any country’s military)
• Following forms:

  ◦ Form 80 – (this is a long, tedious, and confusing form – take time, don’t overthink questions and answer absolutely honestly)

  ◦ Form 1221 (similar to above form)

• Employment evidence:

  ◦ 3 most recent pay statements; or

  ◦ Employment contract; or

  ◦ Letter from your employer

Financial Evidence

• Bank screenshots showing money transfers to/from your partner with descriptions
• Travel expenses paid by either you or your partner
• Vehicle registration under both names
• Evidence of other joint assets
• Receipts for significant joint purchases
• Reports showing payments for weekly grocery shopping

Family Relationship Evidence

• Evidence of shared responsibility for a pet or child
• Joint mobile phone subscription
• Letters from property managers/apartment managers addressed to both of you
• Statements from anyone who has lived with both of you
• Joint activities
• Time and place of first meeting
• Important milestones throughout the relationship
• Engagement and marriage dates
• How the relationship developed
• Separation periods

Social Evidence

• Invitations sent to both you and your partner (e.g., party or wedding invitations)
• Gifts from/to your partner or from your partner to you
• Conversations between you and your partner’s family
• Mutual Facebook friends
• Participation in joint clubs or groups

Commitment Evidence

• Evidence showing you’ve listed your partner as beneficiary of accounts or superannuation funds, or listed them in your will
• Wedding plans
• Future travel plans
• Joint savings for house purchase or other investments together

Previous Relationship Records (if applicable)

• Addresses where both lived together
• Names and birth dates of former spouses
• Divorce decree (if previously married)
• End date of marital relationship
• Death certificate of former spouse (if widowed)

Information Forms

These forms will be provided with specific completion guidance by immigration authorities.

Stage 2: Documents Required for Partner Sponsorship Visa 801 Application

Identity Documents

Sponsor:

• Australian driver’s license
• Passport (personal details page with signature)
• Statutory declaration about sponsored marital relationship

Sponsored Person:

• Passport valid for at least 6 months
• Police Certificates issued by countries where you resided since receiving visa 820 (if applicable)
• Notification of authorized representative for submission/receipt
• National Police Certificate issued by Australian Federal Police (if not submitted when applying for visa 820)

Financial Evidence

• Bank screenshots showing money transfers to/from your partner with descriptions
• Travel expenses paid by either you or your partner
• Vehicle registration under both names
• Evidence of other joint assets
• Receipts for significant joint purchases
• Reports showing payments for weekly grocery shopping

Family Relationship Evidence

• Joint assets, bank accounts, and real estate
• Joint personal loans, rental agreements, utility bills
• Photos and videos of time living together
• Complete 2 Form 888s: Statements about family/friends’ assessment of your relationship. Form completers must be:
  • Australian or New Zealand permanent residents/citizens over 18 and eligible
  • Witnessed by competent authority or judicial body

Information/Circumstance Changes (if applicable)

• New passport or address changes
• New passport (signature and detailed personal information page)

Personal Circumstance Changes

• Evidence of changes such as:
• Child adoption certificate
• Death certificate (if spouse deceased)
• Evidence of name change
• Court decisions regarding child custody
• Separation agreements or legal divorce decisions

Many consultation videos about visa 820 Australia are posted on HTE Law Group’s Fanpage providing detailed information about this visa, including conditions, procedures, processing times, and costs. You’ll also better understand differences between 3 types of Australian marriage visas: visa 820, visa 309, and visa 300.

For consultation about visa 820/801 application procedures, please contact HTE Law Group office at +61 1300 833 789. We will support you quickly and professionally!

Australian Partner Visa Subclass 820/801 Application Process

For smoother visa 820/801 Australia application process, you need to understand the following steps:

Step 1: Thoroughly understand visa 820/801 application conditions

Before preparing documents, check conditions required by visa 820 and visa 801 to ensure you can meet them.

Step 2: Submit visa 820 Australia and visa 801 application

• Document preparation:

  ◦ Compile all necessary documents as shared in “What documents are required for Australian partner visa 820/801 application?” section. Document preparation is quite complex and more difficult if you submit incomplete documents or incorrect information.

  Therefore, consider support from visa service providers to save processing time.

• Translate all documents to English and notarize
• Color scan all documents with English translations and save as separate files
• Online application submission:

  ◦ Create ImmiAccount – you can see detailed step-by-step guide for creating Immi account here

  ◦ Complete stage 1 online declaration for visa 820/801 application

  ◦ Complete visa fee payment

  ◦ Upload all previously prepared documents to Immi

• Monitor application:

  ◦ Monitor and regularly check ImmiAccount for notifications from Australian Department of Home Affairs

  ◦ Provide biometric information (if requested)

  ◦ Health examination

Step 3: Receive visa 820 Australia result (temporary visa)

• Monitor your application status through ImmiAccount after completing submission process
• If granted visa 820 Australia, you’re eligible to continue assessment for visa 801 (permanent visa)

  ◦ If granted visa 801 immediately after temporary visa 802, you’ve settled in Australia without additional requirements

  ◦ If not granted permanent visa 801 for settlement, proceed to next step

Step 4: Submit additional documents after 2 years

• Document preparation: Prepare similarly to visa 820 application
• Online additional document submission (Complete within 1 month before 2-year deadline from visa 820 grant date)

  ◦ Access and login to Immi account

  ◦ Complete stage 2 – permanent partner sponsorship visa assessment (visa 801)

  ◦ Upload all previously prepared documents

(Note: You can be outside or in Australia while awaiting permanent visa 801 results)

Step 5: Receive visa 801 result

Check additional document results through ImmiAccount or registered email.

You can prepare visa 820/801 Australia application documents yourself, however this is quite risky as small errors can cause you to lose opportunities.

Additionally, be cautious of poor-quality or fraudulent migration consultation services. Therefore, the Australian Government recommends finding reputable and professional Australian marriage visa services for best support when needing external assistance.

Frequently Asked Questions About Visa 820/801 Applications

Can I apply for visa 820 if I’ve been refused an Australian visa before?

Yes, you can apply for visa 820 even if previously refused an Australian visa, but you must provide detailed information about previous refusal reasons and prove your situation has changed.

Does visa 820 include Australian healthcare benefits?

Yes, visa 820 holders receive healthcare benefits through Medicare.

Can I work full-time while awaiting visa 820 assessment?

This depends on your previous visa. While awaiting partner visa 820, you’ll receive bridging visa A for legal residence in Australia. However, bridging visa A conditions are based on your previous visa conditions.

Example: If you previously held temporary graduate visa 485, you can still work with bridging visa A while awaiting visa 820 assessment.

If your previous visa was visa 600 (tourist visa), you cannot work while waiting for visa 820 with bridging visa A.

What happens if the relationship breaks down while waiting for partner visa 820?

You must notify the Department of Home Affairs about changes if your relationship ends within 2 years of visa application. This means your visa 820 Australia application will be unsuccessful as the Department will contact your partner to withdraw sponsorship. However, you may still receive permanent residence if:

• You and your partner have a child together and the child depends on your care and support
• You are a victim of domestic violence

Can I leave Australia while awaiting visa 820/801 results?

While awaiting visa 820 (temporary visa), you’ll receive bridging visa A for legal residence in Australia. However, you’ll need to apply for bridging visa B to temporarily leave Australia.

For those awaiting permanent visa 801 while holding visa 820, you can freely enter and exit Australia.

The above is comprehensive information about partner sponsorship visas applied within Australia (visa 820/801) compiled and shared by HTE Law Group. If you still have unanswered questions about procedures, documents, and processes for applying for visa 820 Australia and visa 801, please contact us immediately. Our professional and experienced advisory team at HTE will quickly support and complete documents suitable for your circumstances.