If you hold an 820 partner visa, you may be asking when you can apply for the 801. Align Law shares clear advice on the timing and process in Australia.
If staying in Australia with your partner is your ultimate goal, then applying for an 801 visa will be high on your priority list. But getting to this stage requires a lot of time and effort on both your and your partner’s behalf, and applicants won’t want to take a step wrong during the process.
At Align Law, our immigration specialists are often asked by clients when they can apply for an 801 visa after being on an 820. While the answer is surprisingly simple, the way you have to get there is usually not.
Before we dive into the process of progressing from an 820 visa to an 801, let’s explain what these two types of visa actually are.
This type of visa allows the partner of an Australian citizen, permanent resident, or eligible citizen of New Zealand to stay in Australia temporarily. You will be able to stay in Australia either until you have been granted an 801 visa or you withdraw your application for it.
Having this type of visa allows you to work and study in Australia, as well as apply for Medicare, Australia’s public health scheme. You will also be able to travel to and from the country as much as you’d like.
To be eligible for an 820 partner visa, you need to meet the following conditions:
For more details on this type of visa, including what to do if you have family members also interested in staying in Australia, or if you have a child with your partner, please explore the official Subclass 820 Partner visa (temporary) page on the Department of Home Affairs’ website.
This type of visa allows the holder to become a permanent resident of Australia, and is the next step after holding an 820 temporary visa. Once you have this visa, not only do you retain all the benefits of the 820, but you also gain the ability to sponsor your eligible family members, and one day, you might even like to apply for citizenship!
To be eligible for this visa, you need to continue to be the spouse or de facto partner of the same person who sponsored you for the temporary Partner visa.
You must:
If you’d like more information on the 801 visa, including travel restrictions, how to include family members, and how you can prove to someone that you have it, please explore the official Subclass 801 Partner visa (Permanent) page on the Department of Home Affairs’ website.
Do you need help from a partner visa lawyer in Melbourne, Perth, Sydney, or Brisbane? The experts at Align Law can explain everything you need to know and do in clear terms.
Now for the big question after being on the 820 temporary visa, when can you apply for the 801 permanent visa? In most cases, you will need to wait for two years after submitting your application for the 820 visa. In some circumstances, the 801 will be granted immediately after applying for the 820 (ie. long lasting relationship or couples that have been together for a long time), but most of the time, you will need to wait out this time period.
The two years are to make sure that the relationship you have with your partner is one that is real and intended to last. Be aware that if your application for an 801 is refused, you will also no longer hold your 820 temporary partner visa.
Source: Department of Home Affairs Subclass 820 Partner visa (temporary)
If you have applied for an 820 visa with the intention of then applying for an 801 visa, you will need to make sure you apply correctly the first time as applications are expensive, and you won’t want to have to pay again if your visa is refused the first time.
Here is a general overview of the 801 application process:
You can be in or outside Australia while your application is processed.
The cost of applying for an 801 visa is included when you make your initial application for the 820. If your application is refused, whether you filled something out incorrectly, missed a document, or didn’t meet all the checks, then this fee will not be refunded.
That’s why the services of a legal practitioner can be so helpful in this case. Using the services of a specialised immigration law firm means the entire process becomes much simpler, streamlined, and stress free for you and your partner. Immigration lawyers like those from Align Law can assist you in obtaining all the necessary documentation, filling out all forms correctly, and submitting everything in the correct way and at the correct time. We can also assist you in the next steps, should your application be refused.
Get in touch with Align Law, your trusted immigration lawyer for Melbourne, Sydney, Brisbane, and Perth locals looking to bring their partner into Australia.
Only certain people can provide you with immigration assistance, like a registered migration agent, a legal practitioner, or an exempt person. For more information on these roles, please see Who can help you with your application?
Not all applications can be reviewed, and this will be made clear in your notice of refusal. If you would like to submit your application for review, please follow the instructions attached to it and contact the Administrative Review Tribunal.
If you have applied for a partner visa and need to depart Australia, please carefully read ‘Travel On A Bridging Visa’.
If you already hold a partner visa and need to depart Australia, click on the ‘Travel on this visa’ on the page for your visa:
If you have more questions, you can get official answers by exploring the Department of Home Affairs’ Immigration and Citizenship website. Otherwise, you can engage with Align Law, and we can assist you further.
Partnering with a reputable law firm is one of the most reliable ways to give you the strongest chance of having your 801 visa application granted. The team at Align Law have extensive experience in immigration law and are well positioned to assist you in getting the best outcome possible for your visa.
You can fill out our online form to leave us a message, or call us on +61 03 7036 6726 to speak with a member of our immigration law firm in Melbourne directly. We look forward to working with you and your partner to help you get started on living your new life in Australia!
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