Call Now: +61 424 032 076
Partner Visa (820/801)
Partner Visa (820/801)
The Subclass 820 and Subclass 801 visas form an important part of the Australian immigration system for individuals seeking to live in Australia with their partner. These visas are designed for those who are in a genuine and ongoing relationship with an Australian citizen, Australian permanent resident, or an eligible New Zealand citizen. The Subclass 820 visa is a temporary visa that serves as the first step for applicants to apply for the Subclass 801 visa, which is a permanent partner visa. In this article, we will explore the key features, eligibility criteria, family members, application process, conditions, obligations, validity, and how TCM Global assists clients throughout this immigration process.
Key Features
The Subclass 820 and Subclass 801 visas are part of the Partner Visa program in Australia, which allows individuals in genuine, continuing relationships to live, work, and study in Australia. The Subclass 820 visa is granted as a temporary visa, and once the applicant holds this visa, they can apply for the Subclass 801 visa, which provides permanent residency. The applicant must meet specific requirements, including demonstrating the authenticity of their relationship with their sponsor and fulfilling public interest criteria such as health and character checks.
Eligibility Criteria
Eligibility Criteria for Subclass 820 Visa
To be eligible for the Subclass 820 visa, applicants must meet the following criteria:- Relationship with the Sponsor: The applicant must be the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen. The relationship must be genuine and continuing.
- Valid Visa Status: Applicants must not hold a Subclass 771 (Transit) visa. If they hold another visa, they must meet specific conditions to be eligible for the Subclass 820 visa.
- Sponsorship: The sponsoring partner must be at least 18 years old. If the applicant’s partner is under 18, a parent or guardian must act as the sponsor.
- Health and Character Requirements: The applicant and their family members must meet specific health and character requirements to ensure that they do not pose a risk to the Australian community.
- Applicants on a Subclass 300 Visa: If the applicant holds a Subclass 300 (Prospective Marriage) visa, they must either have married their sponsor or continued their relationship with the sponsor.
- Family Violence Provisions: If the relationship ends due to family violence, special provisions apply, and the applicant may still be eligible for the visa.
- Termination of the Relationship: If the relationship has ended due to the death of the sponsor or other special circumstances, applicants may still be eligible if they can demonstrate that they would have continued the relationship.
Eligibility Criteria for Subclass 801 Visa
The Subclass 801 visa is a permanent visa that allows applicants to remain in Australia indefinitely. However, before applying for this visa, applicants must meet the following criteria:- Holding a Subclass 820 Visa: To apply for the Subclass 801 visa, the applicant must first hold the Subclass 820 visa.
- Genuine Relationship: The applicant must prove that they have been in a genuine and continuing relationship with their sponsoring partner for at least two years before the Subclass 801 visa application is decided. Exemptions may apply in cases of family violence or the death of the sponsoring partner.
- Health and Character Requirements: As with the Subclass 820 visa, applicants must meet the necessary health and character checks as part of the Subclass 801 application process.
- Public Interest Criteria: Applicants must meet various public interest criteria, which assess their risk to public health, safety, and the Australian community.
- Family Members: If the applicant’s family members are included in the visa application, they must also meet the public interest criteria, which include health, character, and other safety considerations.
Family Members
When applying for either the Subclass 820 or Subclass 801 visa, applicants may include their dependent children or other family members in the application. For family members to be eligible, they must meet specific criteria, including health and character requirements. Children under the age of 18 must meet additional public interest criteria, such as those regarding child protection and safety.
The applicant’s family unit must demonstrate compliance with the same public interest criteria as the primary applicant. For example, if any family members over the age of 18 are included in the application, they must meet public interest criterion 4019. All applicants, including family members, must also satisfy criteria 4001, 4002, 4003, 4004, 4007, and 4009, which cover health, character, and other aspects of public safety.
Application Process for Subclass 820 and Subclass 801 Visas
- Step 1: Initial Application (Subclass 820): The first step is to apply for the Subclass 820 visa, which is a temporary visa that allows the applicant to live in Australia while waiting for the decision on their permanent Subclass 801 visa application.
- Step 2: Gathering Documentation: Applicants must provide evidence of their relationship, including personal statements, joint financial records, shared living arrangements, and other supporting documents. This is necessary to demonstrate the authenticity of the relationship with the sponsoring partner.
- Step 3: Meeting Health and Character Requirements: Applicants must undergo health examinations and provide police clearance certificates from all countries they have lived in for 12 months or more in the last 10 years.
- Step 4: Approval of the Subclass 820 Visa: Once the Subclass 820 visa is granted, the applicant can stay in Australia while the application for the Subclass 801 visa is processed.
- Step 5: Application for Subclass 801 Visa: After holding the Subclass 820 visa for at least two years, applicants can apply for the Subclass 801 visa, provided that they continue to meet the eligibility requirements. The application for the Subclass 801 visa must be submitted before a decision is made on the Subclass 820 visa.
- Step 6: Assessment of Relationship: The relationship will be assessed to ensure that it remains genuine and continuing. Additional evidence may be requested to verify the relationship status.
- Step 7: Granting the Subclass 801 Visa: If the criteria are met, the applicant will be granted the Subclass 801 permanent visa, allowing them to live in Australia permanently.
Visa Conditions
Conditions and Obligations:
- Once granted the Subclass 820 or Subclass 801 visa, the applicant and their family members must comply with specific conditions. These may include:
- No Travel Restrictions: Both Subclass 820 and Subclass 801 visa holders are free to travel in and out of Australia during the visa period.
- Health and Character Obligations: Visa holders must comply with health and character requirements for the duration of their visa.
- Family Obligations: Family members included in the application must comply with the same obligations regarding health and character.
Validity and Duration
The Subclass 820 visa is a temporary visa that allows applicants to stay in Australia while their application for the Subclass 801 visa is processed. Once granted, the Subclass 801 visa is a permanent residency visa, which allows applicants to live, work, and study in Australia indefinitely. The Subclass 801 visa is typically valid for five years from the date of grant, after which the visa holder can apply for Australian citizenship if they meet the citizenship requirements.
How TCM Global Assists Clients Throughout the Process
TCM Global Education and Migration Solutions provides expert assistance throughout the Subclass 820 and Subclass 801 visa application process. Our team of experienced migration agents helps clients by:
- Providing Expert Guidance: We offer clear and reliable advice on the eligibility requirements and help clients prepare a strong application to ensure they meet all criteria.
- Document Preparation: Our team assists clients in gathering the necessary documents, including evidence of the genuine nature of their relationship, to ensure the application is complete and accurate.
- Health and Character Assessments: We guide clients through the health and character assessment process and help with the required paperwork.
- Application Submission: Our migration agents ensure that the visa applications are submitted correctly and in a timely manner, minimizing the chances of delays or rejections.
- Ongoing Support: Throughout the application process, we offer continuous support, answering clients' questions and addressing any concerns that may arise.
- Visa Outcome and Next Steps: Once the Subclass 820 visa is granted, TCM Global assists clients in applying for the Subclass 801 visa, ensuring they meet the necessary criteria for permanent residency.
Contact Now!
The Subclass 820 and Subclass 801 Partner visas provide an important pathway to permanent residency in Australia for individuals in genuine, ongoing relationships with Australian citizens, permanent residents, or eligible New Zealand citizens. By understanding the eligibility criteria, application process, and obligations associated with these visas, applicants can successfully navigate the journey to permanent residency. With the support of TCM Global’s experienced team, clients can be confident in receiving the guidance and assistance necessary to achieve their migration goals in Australia.
Frequently Asked Questions
-
What services does TCM Global Migration & Education Solutions offer?
We provide immigration consultation, student visa services, permanent residency assistance, and educational counseling to help clients navigate global migration and education opportunities.
-
How can I apply for a student visa with TCM Global Migration & Education Solutions?
Contact us for a consultation. We’ll guide you in selecting an institution, preparing documents, and submitting your student visa application smoothly.
-
Do you offer immigration services for all countries?
Yes, we offer immigration services for multiple countries including Canada, Australia, the US, the UK, and more, with tailored advice for each nation’s requirements.
-
How long does the immigration process take?
Immigration processing times vary by visa type. We provide clear timelines and assist you at every stage of the process.
-
How much do your services cost?
Costs vary depending on your specific needs. We offer transparent pricing and provide a detailed breakdown during the initial consultation.