OVERVIEW OF THE AUSTRALIAN PARTNER VISA 820/801

The 820/801 Visa is a two-stage process submitted in a single application, designed for applicants who are present in Australia (Onshore):

• Subclass 820 (Partner Temporary): Allows the applicant to stay, live, work, and study in Australia while waiting for Permanent Residency assessment. This is the mandatory initial step before Subclass 801 consideration.
• Subclass 801 (Partner Permanent): The final goal, granting Permanent Residency (PR) in Australia. It is typically granted about 2 years after the initial application date (or when all assessment conditions are met).

⚠ Crucial Condition: The applicant must hold a valid visa (excluding certain prohibited visas) or qualify for a waiver of the No Further Stay condition (Conditions 8503, 8534, or 8535), and must be in Australia when lodging the application.

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CORE ELIGIBILITY REQUIREMENTS FOR VISA 820/801

To have your visa application accepted, both the applicant and the sponsor must meet the following requirements:

1. Location and Visa Status Requirements

• Location: The applicant must be in Australia when lodging the application and when the Subclass 820 visa is granted.
• Visa Status: The applicant must hold a substantive visa at the time of application (with limited exceptions) or have had their visa expire within the last 28 days in specific circumstances.
• Note: Applying while holding a Bridging Visa is possible in certain specific cases, depending on the applicant’s visa history.
• No Further Stay: You must not hold a visa with a No Further Stay condition (e.g., 8503, 8534, 8535) unless a successful waiver has been granted.

2. Applicant and Sponsor Requirements

• Age: Both parties must be 18 years or older at the time of application.
• Sponsor: Must be an Australian citizen, Australian permanent resident, or an eligible New Zealand citizen.
• Sponsorship History: The sponsor must not be restricted from sponsoring under Australian migration law.

3. Relationship Requirements (The Decisive Factor)

Similar to the 309/100 visa, the core focus of the application is proving the genuine and long-term commitment:

• The relationship must be genuine and continuing. Detailed evidence must be provided across four key aspects of the relationship:

Evidence to Prove Relationship

• Financial Aspects: Joint bank accounts, jointly owned assets.
• Household Aspects: Joint tenancy agreements, shared utility bills.
• Social Aspects: Public recognition among family and friends.
• Commitment Aspects: Statutory declarations and shared future plans.

• For de facto partners: You must typically have lived together for at least 12 months before applying (or have registered the relationship).

Special Circumstances

• Simultaneous Grant of 820 & 801: If the relationship is long-term (3 years or more, or 2 years or more and with children), you may be granted the Subclass 801 (Permanent) visa directly without going through the temporary 820 stage.

4. Other Requirements

• Health and Character: Meeting the health and character requirements (tương tự 309/100).

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CHALLENGES WHEN APPLYING FOR THE 820/801 VISA

Although applying onshore is convenient, the 820/801 visa still carries many risks if the application is not meticulously prepared:

• Valid Visa Status Issue: Lodging the application at the wrong time or while holding a visa with a “No Further Stay” condition can lead to immediate rejection.
• The Co-habitation Challenge: Proving continuous cohabitation and shared financial/living responsibilities is mandatory, requiring concrete evidence such as joint tenancy agreements and shared utility bills (electricity/water/internet) in both names.
• Psychological Stress and Processing Delays: Long processing times can cause significant psychological pressure, requiring applicants to maintain temporary visa status throughout the entire assessment period.
• Handling Exceptional Circumstances: Cases involving requests for a ‘No Further Stay’ waiver or the application of protection clauses (e.g., family violence provisions) are highly complex and legally intricate.

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THE ROLE OF PROFESSIONAL MIGRATION AGENTS

The 820/801 Visa does not generally allow the applicant to reapply if refused (except by appealing to the AAT Tribunal). Therefore, preparing a flawless application from the outset is crucial for success.

• Visa Status Analysis: Accurately determine if you are eligible to apply onshore and assist with applying for a No Further Stay waiver if necessary.
• Optimising Co-habitation Evidence: Guide the collection of comprehensive financial, housing, and social evidence to prove the relationship is genuine and continuing while living in Australia.
• Ensuring Application Validity: Guarantee that the entire application is submitted correctly, meeting all legal and technical requirements on the first attempt, reducing the risk of refusal.
• Post-submission Support: Assist with obtaining a Bridging Visa, allowing the applicant to legally live and work in Australia during the 820 processing time.

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CONTACT MK LEES IMMIGRATION TO ACHIEVE YOUR PERMANENT RESIDENCY DREAM

The Australian Partner Visa subclass 820/801 is your opportunity to legalise your shared life in Australia. With MK Lees Immigration, you will be partnered with a team deeply knowledgeable in onshore migration law, helping you avoid legal pitfalls.

• Free initial assessment of your current visa status and application eligibility.
• Developing a file strategy to robustly and logically prove your strong relationship.
• Ensuring accurate submission and secure monitoring of your application progress.

Contact MK Lees Immigration now for expert consultation and start your 820/801 visa application process right here in Australia.