Partner Visa (Subclass 820 & 801)

Partner Visa (Subclass 820 & 801)

Are you in Australia and have found love?

You can apply for this visa in Australia to stay in Australia with your partner.

Subclass 820- Temporary visa

Who is this visa for?

  • You must be in a genuine relationship with your spouse or de facto partner who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen
  • You must be in Australia when you apply for this visa and when we decide your temporary visa application. You may also include dependent members of your “family unit” as part of your application. The members of family unit includes your partner, children under 18 years of age (including step children) and children over 18 (up to 23 years of age).
  • Additional criteria and provisions must be met by child applicants over 18 years of age and step children.  Court orders must be obtained where a child is under 18 years of age and the other parent is non migrating.

Minimum Visa eligibility requirements:

Married Applicants

  • Your marriage must be legal under Australian Law. If you were married in a country other than Australia and that marriage is valid in that country, generally it will be recognised as valid under Australian law.
  • Australian law does not recognise polygamous marriages
  • The visa applicant must hold a  valid visa at time of lodging the partner visa application.


De Facto Applicants

  • You and your partner must have been in a de-facto relationship for the entire 12 months immediately prior to making application and you must have been living together for at least 12 months immediately before application.
  • Same sex couples can apply under this subclass and use the same criteria.
  • The visa applicant must hold a  valid visa at time of lodging the partner visa application.


Who is an eligible sponsor?

Your sponsoring partner must be an Australian citizen or permanent resident, or an eligible New Zealand citizen, who undertakes sponsorship obligations. The sponsor must be apply to be become and approved sponsor. Only once sponsorship is approved you may proceed to lodge a Partner visa application.

Waiver of 12 months requirements

The 12-month requirement may be waived if you can demonstrate compelling and compassionate circumstances, (you and partner have children) or you have registered your defacto relationship in an Australian State or Territory.

Assessing Relationships in Partner Visas

There are 4 main aspects of the relationship that the Department of Home Affairs (DOHA) will consider when assessing any partner visa application:

  • Financial aspects of the relationship
  • Nature of the household
  • Social aspects of the relationship
  • Nature of the commitment

Every relationship is different and will handle these aspects of their relationship on their own terms, however it is helpful to know what the department looks at within these 4 aspects.

Subclass 801- Permanent Visa

The Department of Home Affairs will write to you to notify you when you are eligible to apply for Stage 2- Subclass 801 visa.

What are the requirements?

You must meet the following requirements for subclass 801 visa”

  • You must be in a married or de-facto relationship with an Australian citizen or permanent resident, or an eligible New Zealand citizen
  • The sponsor must be 18 years of age or older
  • You must be sponsored by your Australian partner
  • You must be aged 18 years or older. There are exceptions to the age requirement if you are married.
  • The sponsor must meet ‘character’ requirements to be eligible to sponsor
  • You must meet health and character requirements


Frequently Asked Questions


What happens if I am no longer in relationship with the sponsor?

If you are no longer in the relationship with the sponsor, you may not be able to proceed and lodge a subclass 801 – Permanent visa. In this instance you may wish to consult with us to assess your options of any other visa classes that you may be eligible for.


Can I include my children in the Visa application?

You may include your children (biological/ step children) in the visa application. Court orders must be obtained where a child is under 18 years of age and the other parent is non migrating.

What is the difference between 309 and 100 visa?

The subclass 309 is valid for limited time from date of grant. You may be eligible to apply for subclass 100 if two years have passed since you held a subclass 309 visa and you remain the relationship with the sponsor. The subclass 100 visa is a permanent visa.  The subclass 100 allows you to work and live in Australia indefinitely, have access to medicate, social security benefits (if you can meet relevant criteria), apply for Australian citizenship (in case your eligible) and sponsor family from abroad.

Why use Direct Migration Experts?

We have assisted 100’s of applicants in applying for partner visa successfully. We understand that is the case if individual and we give that piece of mind and attention to each of our clients. 

We are confident in what we do and due to us processing hundreds of applications in the last 12 years, our knowledge and confidence combined with experience and strong communication skills we ultimately deliver results in a timely manner. 


This is reflected through our longstanding commitment and relationships with our clients. With over 12 years of experience in this industry, our commitment to quality and service excellence is demonstrated through our compliance with relevant Migration Law standards.

Book your consultation with us Today !!! Call 1300 015 592