You and your partner are currently in Australia, and you wish to stay here indefinitely. For your scenario, the onshore partner visa (subclass 820) might be the best option. Ashore partner visa, however, what is it? Why do you require both an 801 and an 820 visa? What are the prerequisites, also? Read our instructions below to find out.
What is onshore partner visa?
You can live in Australia permanently with your partner if you have an onshore partner visa. Actually, it consists of two distinct visas: the 820 Onshore Partner Temporary Visa and the 801 Onshore Partner Permanent Visa. Your partner must be a qualified citizen of New Zealand, an Australian permanent resident, or both in order to qualify and sponsor your visa.
Note: While your visa is being processed, the 820 visa enables you to remain in Australia with your partner.
You must submit your visa application from within Australia if you have an onshore partner visa. Additionally, you need to be in Australia when the visa is issued. The majority of applications take between one and two years to process, during which time you and your partner are permitted to stay in Australia on a bridging visa. While your application is being reviewed, our immigration agents can assist you with applying for work and travel authorizations.
Instead, think about applying for an offshore partner visa if you are applying from outside of Australia.
What distinguishes the 820 onshore partner visa from the 801 onshore partner visa?
The permanent onshore partner visa application process consists of two steps. Upon approval of your initial visa application, you will initially receive a temporary 820 onshore partner visa. You will be evaluated for the permanent 801 partner visa after two years. Both visas must be applied and paid for at the same time, though your permanent visa may require additional paperwork.
If you were in a committed relationship for some time before to filing your application, you might be eligible to acquire a permanent partner visa right away, skipping the two-year waiting period. To find out if you qualify, contact one of our immigration lawyers.
You will become a permanent resident of the country Australia after you receive the 801 onshore partner visa. This implies that you will have extra privileges that you won’t have access to on the temporary partner visa, such receiving government funding for your studies in Australia, inviting family members to apply for permanent residency, and, of course, applying for citizenship.
What conditions must be committed to obtain an onshore partner visa?
Both the temporary onshore partner visa and the permanent partner visa have slightly different requirements. For those seeking a temporary onshore partner visa:
- When you tend to apply for the visa and when it is approved, you must be in Australia.
- Your spouse or partner must be an eligible citizen of Australia, an Australian permanent resident, or both.
- Either you or your buddy must be:
- In a legally recognised marriage in Australia
- in a cohabitation arrangement. This relationship should typically be at least a year old.
- You must also adhere to the Department’s defacto relationship standards if your partner and you are in a de facto relationship. Here is more information on de facto partner visas.
- You must possess a temporary partner visa in order to be qualified for the permanent onshore partner visa.
- Unless your relationship has terminated and there are unique circumstances, you and your partner must remain married or in a de facto relationship.
- While on your temporary visa, you must have conformed with all applicable Australian laws.
- You are not required to be present in Australia at the time of the decision, unlike the temporary onshore partner visa.
Can I take my kids in my onshore partner visa application?
Your application for an onshore partner visa may list your dependent children or stepchildren. Before receiving your temporary visa, you should include your kids in your visa application to minimise problems. If not, your kids will need to travel to Australia on a different temporary visa and remain there until your permanent visa is approved (and after your permanent visa is granted, you may need another permanent visa for them, such as a child visa).
Your children will have the same privileges and visa restrictions as you after receiving your partner visa.
How can a migration agent assist me with my partner’s onshore visa?
In order to maximize your chances of success and ensure that no departmental requirements are missed, a migration agent can write your application. As you wait for your visa to be approved, they can also offer guidance on how to effectively demonstrate that you satisfy the requirements and assist you in applying for work and travel privileges.