VISAS

Family relation visas


Partner visa (subclass 801 820)

Overview
This temporary Partner visa (subclass 820) allows you to live in Australia if you are the spouse or de facto partner of:
  • an Australian citizen
  • an Australian permanent resident
  • an eligible New Zealand citizen.
The temporary Partner visa (subclass 820) is the first stage towards a permanent Partner visa (subclass 801).

You must be in Australia when you apply and also when this visa is decided.(For onshore application)

You lodge one application form for your temporary and permanent visas and pay one application charge.

Your application is processed in two stages, about two years apart.
Who could get this visa?
You must be married or in a de facto relationship with:
  • an Australian citizen
  • an Australian permanent resident
  • an eligible New Zealand citizen.
You must be in a genuine and ongoing relationship. You must live with your partner or, if you do not, any separation must be only temporary.

Both parties must freely consent to the relationship.

Married applicants

  • Your marriage must be valid under Australian law. Underage, polygamous and same-sex marriages are not legal in Australia. The marriage could be valid under limited circumstances if one person is younger than 18 years of age. Same-sex couples can apply for this visa based on their de facto relationship.
De facto applicants

  • Usually your de facto relationship must have existed for at least 12 months immediately before you apply for this visa. Time spent dating does not count towards a de facto relationship.
  • You can be granted a visa without having been in a de facto relationship for 12 months if:
    • you can demonstrate compelling and compassionate circumstances, such as having dependent children
    • your partner has been granted a permanent humanitarian visa and your de facto relationship existed before it was granted, and you told us about the relationship before the visa was granted
    • your de facto relationship has been registered in Australia (this is not available in all states and territories).
Limitation of sponsorship
Sponsorship might not be approved if you:
  • 1. Were sponsored for a Partner or Prospective Marriage visa within the past five years
  • 2. Have successfully sponsored two people for migration to Australia on a Partner or Prospective Marriage visa
  • 3. Have successfully sponsored another person for migration to Australia on a Partner or Prospective Marriage visa within the past five years.
Sponsorship could still be approved in compelling circumstances, such as:
  • 1. Your previous partner has died or abandoned the relationship, leaving you with young children
  • 2. Your relationship with your current partner has been longer than two years
  • 3. You and your partner have dependent children from your relationship.
Contributory parent visa holders
  • If you were granted a Contributory Parent category visa after 30 June 2009, you cannot sponsor your partner for five years from the date your visa was granted if you were in relationship with that person before the visa was granted.
Best interests of the child
  • This visa will not be granted if it is against the best interests of a child younger than 18 years of age.
Character requirements
  • The proposed sponsor might need to meet certain character requirements. The sponsor must be prepared to provide a police certificate from each country you have lived in for 12 months or more during the past 10 years after you turned 16 years of age. Do not arrange for police certificates until the immigration department asks the sponsor to.