At a Glance
- The Subclass 820 and 801 visas are processed in two stages: temporary and permanent.
- Applicants must be in Australia at the time of application for these onshore visas.
- The core requirement is proving a genuine and continuing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
- Most applicants apply for both visas simultaneously but receive them at different times.
- Evidence must cover four pillars: financial, social, household, and commitment.
The Two-Stage Process: From Temporary to Permanent
The Australian Partner visa system is designed to test the longevity of a relationship. When you apply for an onshore partner visa, you are actually applying for two visas at once: the Subclass 820 (Temporary) and the Subclass 801 (Permanent).
The Subclass 820 is the first stage. If granted, it allows the applicant to stay in Australia, work, and study while waiting for a decision on the permanent Subclass 801 visa. Generally, the eligibility for the permanent visa begins two years after the initial application was lodged, provided the relationship is still ongoing.
In rare cases involving "long-term relationships" (usually three years or more, or two years if there is a child), the Department of Home Affairs may grant both visas at the same time.
Proving Your Relationship: The Four Pillars
The Department does not simply take your word for it. Under the Migration Act 1958 and associated regulations, decision-makers look for objective evidence across four key areas:
- Financial Aspects: This includes joint ownership of real estate, joint lease agreements, joint bank accounts, or sharing of day-to-day household expenses.
- The Nature of the Household: Evidence of how you share domestic responsibilities, such as housework, shopping, and the care of children.
- Social Aspects: How the community views your relationship. This is often supported by "Form 888" statutory declarations from friends and family, as well as evidence of joint travel or social invitations.
- The Nature of Your Commitment: This looks at the duration of the relationship, the degree of companionship, and whether you see a long-term future together.
The De Facto Requirement
For couples who are not married, the "de facto" relationship status usually requires that the couple has lived together for at least 12 months prior to the application. However, this 12-month requirement can be waived if the relationship is registered under a state or territory law (such as in NSW, VIC, or QLD).
Illustrative Example: The Importance of Consistency
Consider a couple applying for an onshore Partner visa (subclass 820) who submit a joint lease to demonstrate cohabitation. However, inconsistencies arise between their written materials and interview responses. One partner states that household expenses have always been shared equally, while the other claims that most expenses were paid solely by them. In addition, the application contains limited evidence of shared social life, such as photographs with each other’s families or records of long-term joint social activities.
In an overall assessment, the decision-maker focuses not on the existence of any single document, but on whether the evidence is coherent and mutually supportive. Where key facts are inconsistent and social evidence is insufficient, such discrepancies may lead to doubts about the genuineness and continuity of the relationship, resulting in an adverse decision.
A Lawyer’s Perspective: What Often Goes Wrong
The most common mistake we see is the "set and forget" mentality. Couples often provide excellent evidence for the 820 stage but fail to collect new evidence during the two-year waiting period for the 801 stage.
The Department requires proof that the relationship has remained genuine and continuing. If you stop using your joint account or stop taking photos with friends for two years, the case officer may question if the relationship has broken down.
Another frequent issue is the "living together" requirement. If a couple lives apart temporarily for work or study, they must provide strong evidence that they are not living "separately and apart on a permanent basis." Without a clear legal explanation and supporting documentation, these separations can lead to visa cancellations or refusals.
Key Takeaways
- Start collecting evidence of your shared life as early as possible.
- Register your relationship if you haven't lived together for 12 months and are not married.
- Ensure all statements provided by friends and family are detailed and truthful.
- Keep records of your financial and social lives updated throughout the entire two-stage process.
Frequently Asked Questions
Can I apply if my current visa is about to expire?
Yes, as long as you do not have a "No Further Stay" condition (such as condition 8503) on your current visa, you can apply for the 820/801 and receive a Bridging Visa A to stay in Australia.
What happens if my relationship ends before the 801 is granted?
Generally, the visa will be refused. However, there are critical exceptions, such as cases involving family violence or if the sponsoring partner passes away.
Do I need to get married to get a Partner visa?
No. Australia recognises de facto relationships as equal to marriage for visa purposes, provided you can prove you meet the living together requirements.
Can I work and study on a Subclass 820 visa?
Yes. Once the 820 visa is granted, you have full work and study rights in Australia. You may also be eligible for Medicare.
How long does the whole process take?
Processing times fluctuate. Currently, the 820 stage can take anywhere from 6 to 20 months, and the 801 stage may take an additional 12 to 24 months.
How We Can Help
We understand that a Partner visa is more than just paperwork: it is your future. We can assist you by:
- Assessing your eligibility and identifying any potential legal hurdles.
- Managing the complex evidence requirements to ensure your "four pillars" are robust.
- Drafting and reviewing statutory declarations to ensure consistency.
- Handling all communications with the Department of Home Affairs.
- Providing expert advice if your relationship circumstances change during the process.
