Navigating the path to permanent residency in Australia can be complex. Especially when it involves the heart.

If you are in a relationship with an Australian citizen, permanent resident, or an eligible New Zealand citizen, you might consider applying for the Australia Partner Visa. Specifically, the subclass 820 and 801 visas.

 

These visas allow partners to live in Australia. The subclass 820 is a temporary visa, while the subclass 801 is a permanent one.

But how do you apply? What are the eligibility criteria? What documents do you need? And how long does it all take?

This guide will answer these questions and more. It will walk you through the application process, costs, and processing times.

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Whether you’re married, in a de facto relationship, or in a same-sex partnership, this guide is for you. Let’s start your journey towards securing your future in Australia.

Understanding the Australia Partner Visa

Partner visas offer a pathway for partners to reside in Australia. They are essential for couples wishing to start a life together in Australia.

There are two main Partner Visas in Australia: the temporary subclass 820 and the permanent subclass 801. Each serves a different purpose yet are closely linked.

The subclass 820 visa allows you to stay in Australia while your permanent visa application is processed. This is often the first step for foreign partners.

Following the grant of the subclass 820 visa, you can apply for the subclass 801 visa. This visa allows you to live in Australia permanently.

Key highlights of these visas include:

• Eligibility for partners of Australian citizens and residents.
• Includes both married and de facto relationships.
• Offers a pathway to Australian citizenship.

Understanding these visas helps you prepare effectively for the application process.

Subclass 820 Visa: Your First Step Towards Permanent Residency

The subclass 820 visa is your initial step towards a permanent residency in Australia. It lets you live with your partner while awaiting the processing of the permanent visa.

Applying for the 820 visa requires evidence of a genuine relationship. You must prove you’re in a committed relationship with an Australian partner.

On this visa, you can work, study, and even access certain social services. This provides stability during the transition period.

You need to be in Australia when applying and when a decision is made. This ensures you’re already integrated into Australian life.

Subclass 801 Visa: Securing Your Permanent Stay in Australia

The subclass 801 visa grants indefinite stay in Australia. It’s the permanent residency component that follows the successful grant of the subclass 820 visa.

To move to the 801 visa, the Department reviews your relationship’s continued authenticity. It’s crucial that your relationship is ongoing and genuine.

With this visa, you enjoy the privileges of a permanent resident. This includes working, accessing healthcare, and applying for citizenship.

Applicants can be in or outside Australia when applying and during decision-making. This gives flexibility to applicants who might need to travel.

Securing the subclass 801 visa is a significant milestone towards integrating fully into Australian society.

Eligibility Criteria for Partner Visas

Meeting the eligibility criteria is crucial for a successful Partner Visa application in Australia. A genuine and continuing relationship with an Australian partner is mandatory.

Applicants must either be legally married or in a de facto partnership. This ensures the relationship’s legitimacy in the eyes of Australian law.

You need to prove that your relationship is acknowledged both socially and financially. Both aspects are crucial to proving genuine intent to be together.

The applicant’s partner must be either an Australian citizen, permanent resident, or an eligible New Zealand citizen. The sponsor’s status is a key requirement.

Health and character standards are enforced for all applicants. This includes police checks and health assessments to ensure good moral standing.

Here are key eligibility points:

• Legal marriage or de facto relationship.
• Partner must be an Australian citizen or resident.
• Proven genuine relationship.
• Compliance with health and character standards.

By meeting these criteria, applicants pave the way for a smoother visa application process.

Relationship Requirements: Marriage and De Facto Partnerships

For a Partner Visa, a couple must be either married or in a de facto relationship. These two categories ensure recognition by Australian authorities.

Legal marriages require an official certificate. This document is essential to validate the union in the visa application.

De facto relationships necessitate evidence of cohabitation for at least 12 months. This includes shared financial commitments and joint living arrangements.

Australian law allows both types of partnerships for visa purposes. Thus, providing options for various relationship circumstances.

Same-Sex Couples and Partner Visa Eligibility

Same-sex couples are eligible for Partner Visas in Australia. The process is similar to that for heterosexual couples.

Proof of the relationship’s authenticity remains crucial. This includes social recognition and shared responsibilities.

Same-sex couples must meet the same eligibility and documentation standards. Australian immigration policies support inclusivity and equality for all partnerships.

This provides an opportunity for all couples to reside together in Australia. Celebrating diversity is intrinsic to Australia’s values.

The Application Process for Subclass 820 and 801 Visas

Applying for the Subclass 820 and 801 visas involves careful planning. The process begins by submitting a combined application.

Initially, you apply for the temporary Subclass 820 visa. This allows you to reside in Australia while processing.

Once the Subclass 820 visa is approved, you’ll be eligible to transition to the Subclass 801. This is a permanent visa.

Both applications require a thorough set of documents. These include identity proofs, relationship evidence, and more.

Here’s a breakdown of the application process:

• Submit both visa applications together.
• Provide the required documentation.
• Undergo necessary health assessments.
• Await processing for the Subclass 820 visa.
• Transition to the Subclass 801 visa after eligibility.

Each stage requires attention to detail and timely submissions. The Department of Home Affairs offers solutions to help with compliance.

Documentation: Proving Your Relationship is Genuine

Documenting your relationship is critical for visa approval. Thorough evidence is key to demonstrating authenticity.

Applicants must submit evidence covering social, financial, and commitment aspects. This proves the genuine nature of your relationship.

Provide documents showing shared finances, like joint bank accounts or investments. These financial ties strengthen your application.

Social evidence includes photos and joint travel records. Invitations from social events and testimonies from friends add weight.

Essential documents:

• Joint financial statements
• Photos together
• Correspondence records
• Statutory declarations from family or friends

Completeness and accuracy of documents support a convincing case. It’s crucial to organize and present them effectively.

Health and Character Requirements

Health and character criteria are vital for all applicants. Meeting these requirements is mandatory.

You must undergo comprehensive medical exams. These tests assure that you do not pose a public health risk.

Character checks involve police certificates from countries where you’ve lived. This ensures your good moral standing.

All information must be truthful and precise. Falsifying details can lead to visa denial.

Compliance with these standards is essential for your application’s success. Proper diligence here avoids delays or complications.

Costs, Processing Times, and Tips for a Successful Application

When applying for a partner visa in Australia, understanding the costs is crucial. The application charges are substantial but necessary.

Being informed about costs helps in financial planning. Fees are non-refundable, even if the application is refused.

Expect to encounter additional costs beyond visa charges. These may include medical exams, police checks, and document certification.

Processing times for the Australia Partner Visa can vary significantly. Applications may take from several months to over a year.

Delays often result from incomplete or inaccurate submissions. To minimize them, ensure all documents are thorough and verified.

Here are some tips for a successful application:

• Double-check all documents and details.
• Ensure timely submission of required forms.
• Maintain open communication with the Department.
• Consider seeking professional immigration advice.
• Stay updated on policy changes that could affect your process.

Following these guidelines increases your chance of success. A careful, strategic approach is essential.

Understanding Visa Application Charges and Additional Costs

Visa application charges for Partner Visas can be significant. The fee structure reflects the complexity of the application process.

Prepare for these costs early. It’s essential to understand they are non-refundable, regardless of the outcome.

Additional expenditures might include health checks, police certificates, and biometrics. These are crucial for meeting Australian standards.

Planning for these possible costs can help avoid money-related stress. Keeping a clear list of costs will aid in planning effectively.

Being financially prepared ensures a smoother application journey. Proper budgeting is key to managing both expected and unexpected expenses.

Navigating Processing Times and Bridging Visas

Processing times for Partner Visas vary. Delays can occur due to incomplete applications or increased demand.

The Department of Home Affairs often updates expected wait times. Regularly checking their website can provide the latest insights.

While waiting, applicants might receive a Bridging Visa. This allows them to stay in Australia lawfully during processing.

Bridging Visas are pivotal as they maintain your legal status. It’s important to understand that they often have conditions attached to them.

Efficiently navigating this period involves staying informed. Awareness and planning help manage expectations and maintain peace of mind.

After the Application: Your Rights and Obligations

Once your partner visa application is in process, rights and responsibilities come into play. Being informed is crucial.

If you’re granted a Bridging Visa, you’ll have temporary rights to stay in Australia. These may include working and studying opportunities.

It’s important to adhere to any visa conditions. Non-compliance can result in visa cancellation, impacting your stay in Australia.

It’s important to maintain communication with the Department of Home Affairs. This ensures your obligations are fulfilled and keeps you updated on your application’s status.

Working, Studying, and Accessing Social Security on a Subclass 820 Visa

The subclass 820 visa provides various benefits. One major advantage is the right to work in Australia.

This visa also allows you to pursue studies. However, school and university fees are still your responsibility.

Additionally, holders may access some social security payments. Eligibility can differ, so it’s important to verify details with the appropriate agencies.

Having these rights can ease your integration into Australian life. Understanding your rights helps you take full advantage of available opportunities.

Transitioning from Subclass 820 to Subclass 801 Visa

Transitioning from a subclass 820 to 801 visa marks a significant step. It secures a permanent stay in Australia.

This change usually happens two years after the first application date. Patience is often required during this period.

The Department will notify you when you’re eligible for the subclass 801 visa. Further assessment of your relationship may be required.

Preparation is key during this transition. Ensure all your documents and relationship evidence are kept up-to-date. Completing this process successfully leads to permanent residency.

Common Questions and Concerns About Partner Visas

Applicants often have many questions during the partner visa process. It is important to address these concerns for a smooth journey.

A frequent query relates to application timelines. Processing times can vary, so planning is crucial.

Another common concern is documentation. Ensuring all necessary paperwork is complete and accurate is vital.

Questions about staying in Australia during processing are also typical. Bridging visas may allow applicants to remain lawfully in the country.

It’s helpful to make a list of questions before starting the application. Some common questions include:

• Can I include my children in my partner visa application?
• What if my relationship ends before gaining a permanent visa?
• How do I prove my relationship’s authenticity to the Department?
• What are the legal obligations for sponsors?

Seeking professional guidance or consulting forums can provide additional clarity. These resources can help navigate the complexities of partner visas.

Can I Include My Children in My Partner Visa Application?

Yes, your children can often be part of your visa application. This typically applies to dependent children.

Including them requires specific documentation. You must prove their dependence and relationship to you.

It’s essential to submit identity documents for each child. Birth certificates and legal custody papers are usually necessary.

Children included in your application also need to meet health requirements. Each child’s medical checks are mandated.

Be prepared for potential additional costs. These fees can add to the main application charge.

Finally, eligibility for inclusion depends on the child’s age. Generally, children up to 18 years qualify, and older dependents may be considered on a case-by-case basis.

What Happens if My Relationship Breaks Down?

A relationship breakdown can impact your partner visa application. It’s important to act promptly in such situations.

Notify the Department of Home Affairs immediately. Failing to do so can affect your legal status in Australia.

The outcome depends on various factors. These include the stage of your application and any special circumstances.

Sometimes, your visa can stay valid if you have been a victim of domestic violence or if you have custody of Australian children.

The Department carefully reviews these situations.

Consider seeking legal advice for guidance. Specialists can help navigate this difficult process effectively.

Conclusion and Next Steps

Applying for a partner visa in Australia can be complex, but it is manageable with proper preparation. Understanding requirements and maintaining thorough documentation is crucial.

For those considering this path, begin by compiling necessary paperwork and consulting credible resources. Stay updated on any changes in visa rules to make sure your application process goes smoothly.

 

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