820/801 partner visa – Temporary to permanent residency in Australia
Start a new chapter of your story together with a subclass 820/801 temporary to permanent residency visa for you and your partner. If you’re already in the country and want to make your stay permanent, we can help you achieve that dream.
This is a two-part application, so having a registered migration agent can help to ensure you are organised and up to date with all application deadlines. First, you apply for an 820 temporary visa and after 24 months you can apply for an 801 permanent visa.
You could be granted an 820/801 visa if:
• If your partner is an Australian citizen, permanent resident or an eligible New Zealander.
• If you’re inside Australia at the time of application.
• You already hold another visa type, e.g. student visa, visitor visa or working holiday visa.
• You do not have an “8503 – NO FURTHER STAY” condition.
• You are married or can show that you have lived together for 12 months.
The 12-month cohabitation can be waived if the couple registers their relationship in the state they live in. Relationship registration is only available for people living in certain Australian states.
Relationship registration in Queensland, Victoria, Australian Capital Territory or New South Wales:
The registration process is different in each state and not all states allow couples to register. If you can register your relationship, you can lodge an 820 partner visa application WITHOUT having lived together for the 12 months prior to lodging the visa. You must however be living together when your 820 partner visa is lodged.
To register your relationship in New South Wales, you’ll need to prove that neither of you are married and that ONE of you has lived in NSW for a short period of time. Registering your relationship in NSW is crucial if you have not lived together for 12 months prior to lodging the application.
To register your relationship in Queensland, you’ll need to prove that neither of you are married and that at least ONE of you has lived in Queensland for a minimum of 6 months. You must register your relationship in Queensland to be able to lodge the 820 visa, if you have not lived together for the most recent 12 month period.
To register your relationship in Victoria, you’ll need to prove that neither of you are married and that at least ONE of you has lived in Victoria for a short period. Victorian relationship registration is a must if you have not lived together for the past 12 months.
To register your relationship in the Australian Capital Territory, you’ll need to show that neither of you are married and that ONE of you is usually resident in the ACT. An ACT relationship registration allows you to apply for an 820 partner visa before the 12 month mark.
We can provide detailed information on relationship registration requirements.
Showing evidence of your genuine and ongoing relationship
You must be living together when the visa is lodged. You need to show evidence of your shared life, such as financial commitment to one another, shared living and social recognition of your relationship. We help you put together your evidence to demonstrate your commitment to each other.
A permanent residency partner visa straight away
If you have been living your partner for quite some time – at least years prior to your application – or you have a child together and have lived together for the previous 2 years, you can apply for the 801 section of your partner visa straight away!
If this does not apply to you, the 820 visa application must be submitted first before you can apply for permanent residency. Once 24 months has passed since your first visa application, you apply for the 801 permanent residency visa, by showing that you are still a legitimate couple.
Partner visas and work rights
If you hold an eligible visitor visa and lodge your 820 partner visa, you transition on to ‘Bridging Visa A’ or a BVA when the visitor visa expires. You have full work rights on your BVA, during the partner visa processing time.
It should also be noted that if you lodge a partner application whilst holding a 457 visa, you cannot stop working for the sponsor until your 820 visa is granted. We can advise you what to do if this might be an issue that concerns you.
If you hold a Working Holiday 417 visa and lodge a partner visa, we can help you apply for a work rights wavier, allowing you to remain working longer that the allowed six months, for one employer.
It takes around 12 - 15 months to process this visa application, which is why you may need to seek the advice of a registered migration agent. Call us today for further advice.
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