What is an Onshore Partner Visa 820 in Australia?
Partner Visa 820 allows you to live and work in Australia for two years while your permanent residency application is processed. It is referred to as an "Onshore" Partner Visa because you can apply for it while already in Australia.
The Partner Visa (Subclass 820) is the first of two visa classes. After two years, you are eligible for permanent residency (the Partner Visa 801) and can permanently settle in Australia. You must be in Australia when you submit your application and when the visa is granted after it has been processed.
Eligibility for the Partner Visa 820
For eligibility, you must be married to an eligible Australian citizen, permanent resident, or New Zealand citizen or be a de facto partner to one. To prove that they are qualified to sponsor your visa, your partner must also submit a Sponsorship application.
Married spouses must provide:
Marriage is legal in Australia for them, and they are married.
They have mutually agreed to live together exclusively.
Their friendship is genuine and ongoing.
They live together or live apart but not permanently.
De facto partners must provide:
They aren't married.
They have mutually agreed to live together exclusively.
They have maintained a genuine friendship over the years.
They live together, or if they live apart, it is not permanent.
Generally, they must have lived together for 12 months before applying for a visa (exceptions may apply).
In addition, you must meet health and character requirements.
What are the requirements for an 801 visa?
If you meet the requirements for a partner visa, you will first receive a provisional partner visa under subclass 820. You will be eligible for the permanent residency subclass 801 visa approximately two years after applying. In the case of a long-term relationship, you may be eligible for the subclass 801 permanent partner visa right after you receive the temporary visa.
To be granted permanent residency, you must demonstrate that your relationship is ongoing and that your partner still sponsors you.
If your relationship ended before you were granted permanent residency or your partner died, you might still be given the permanent partner visa in certain circumstances. This could be a situation where children are involved, or the relationship ends because of violence. Legal advice is recommended since this can be a challenging area of the law.
How to apply for an onshore visa?
The partner visa is typically applied online through ImmiAccount. While paper applications and posting documents are possible, they are not recommended because applications and documents can get lost, and keeping track of the application can be difficult.
Evidence supporting your application that demonstrates your relationship with your partner can also be submitted online.
Following the submission of your visa application, your spouse or de facto partner must submit a sponsorship application. The sponsorship application requires you to provide proof that your partner is eligible to sponsor you. The following evidence is required for sponsorship, as well as circumstances that may affect the sponsor's eligibility:
Evidence of Australian citizenship, permanent residency, or eligibility for New Zealand citizenship
Age (over 18 years old)
Criminal records in Australia and around the world
Whether they have previously sponsored anyone for a partner visa.
If they had previously held an Australian visa, what visas they fit, and when they were granted