The subclass 820(Temporary) and subclass 801(Permanent) Partner visas are primarily applied for by applicants in a de facto relationship or are married to an Australian Citizen, Australian Permanent resident, or Eligible New Zealand Citizen who are making an application while onshore.
The 820 Partner visa is a temporary visa that allows you to live, obtain Medicare, and work in Australia whilst waiting for the Department’s decision on the permanent 801 visas. It is the first stage in obtaining permanent residency in Australia. The 801 Partner visa is a permanent visa that allows you to stay indefinitely in Australia as a Permanent Resident.
With the exception of those already in a long-term relationship at the time of lodging their application, 820 visa holders will be eligible to apply for the 801 visas two years from the initial date of the 820 visa application. The reason the Department provides for this compulsory ‘two-step’ process is to ensure that people are in a genuine relationship and do not falsify their relationship to obtain permanent residency in Australia by making only one application.
The Department must be satisfied that the applicant is the spouse or de facto partner of the eligible sponsor.
The Migration Act 1958(Cth) defines Spouse and De facto partner in Section 5F and 5CB of the Act and the proof-making process is set out in subsection (2) of respective sections.
Section 5F, 5CB subsection (2): persons are in a married/de facto relationship if they have a mutual commitment to a shared life to the exclusion of all others (or married couple with a mutual commitment with their spouse to the exclusion of all others) … that the relationship is Genuine and Continuing; and that they either live together or do not live separately and apart on a permanent basis.
Per Migration Regulation 1.15A and 1.09A, the Minister of Home Affairs (by delegation to cases officers), must consider all the circumstances of the relationship, including:
1. The financial Aspects of the Relationship
Joint ownership of property or asset such as a house, car or shares in company;
Joint liabilities such as credit card, leases, mortgages, or debts jointly owed;
Shared financial recourses such as joint bank account statements
Joint legal obligations;
Distribution of daily expenses such as payment for the costs of the household.
2. The Nature of the Household
Joint responsibility in the care and support of children;
Living arrangement between the applicant and sponsor; Arrangement of sharing of household responsibilities
3. The Social Aspect of the Relationship
Representation by the applicant and sponsor to other people as being in a spousal or de facto relationship;
The opinion and acceptance by friends and family about the nature of the relationship;
Any social activities they undertake together, such as holidays, gym, club, social and cultural events participations, and photos together.
4. The nature of commitment
The duration of the relationship;
The length of time of living together;
The degree of companionship and emotional support from one another and
Whether the couple sees the relationship as a long-term relationship.
For de facto relationships per regulation 2.03A(3) there is generally a 12-month co- habitation requirement prior to the date of the application for the application to be valid.
However, note that de facto couples who have not been living together for at least 12 months will not be barred from making a Partner Visa application where their relationship is registered with the relevant state and territory government (e.g.: NSW Registry of Births Deaths and Marriages, Service Victoria).
There may also be circumstances where there are compelling and compassionate circumstances that exist to allow for a relationship under 12 months to be valid such as the existence of a dependent child or same-sex relationships where it is illegal to be married or be a de facto relationship in their home country.
In addition to the above, the applicant will also need to satisfy the Character Test under Section 501 of the Migration Act and other requirements such as meeting the health requirement as prescribed by the Migration Regulations, Migration Act and Departmental policies.
Migration law in Australia is everchanging in response to the ever-globalizing, multicultural Australian society; finding the right professionals to help you through each step is imperative in obtaining a favorable outcome in each visa application, citizenship application, administrative appeal, and submission.
Our lawyers and registered migration professionals at Longton Legal take a holistic approach and recognizes that migrating to Australia is a life-altering process. Our decade-long experience allows us to advise not only on the law of migration but also challenges in and out of the whole migration process. More importantly, our expertise in Family law, Wills and Estate, Commercial Law, and Property Law allows us to not only assist you to start your life in Australia but also to build your life in this country you now call home.
*Disclaimer: This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.*
Doing Business in Australia: Your free business health check and guide to overcoming cashflow challenges
This is a challenging financial and economic climate for companies, businesses, and families. If you want to outwit, outplay, and outlast the competition (or simply survive) – cash(flow) is king.
Doing Business in Australia: Insolvency Snapshot for 2024
Corporate insolvency appointments have more than doubled since this time last year.
Can my relationship status change while awaiting the decision on my General Skilled Migration (GSM) visa?
With prolonged processing times, changes in circumstances usually happen. People get married or enter de facto relationships, or they get separated or divorced. Children are born sometimes.
Migration Overhaul – Once in a generation Migration Reform (First of a series)
According to the Australian Bureau of Statistics, the latest figures (2019-2020) showed that international education was worth AUD $37.4 billion to the Australian economy.