What Are the Requirements for an Onshore Partner Visa in Australia?

If you’re planning to stay in Australia with your partner, the onshore partner visa is one of the best pathways to achieving that goal. This visa is for individuals in a genuine, committed relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. However, the application process can be complex, and understanding the partner visa requirements in Australia is essential to make your application successful.

This blog post will guide you through the specific requirements, processes, and key considerations for securing an onshore partner visa Australia.

Understanding the Onshore Partner Visa (Subclass 820/801)

The onshore partner visa (subclass 820/801) allows the partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia. The visa is issued in two stages:

1. Temporary Partner Visa (Subclass 820): This is a provisional visa allowing you to stay in Australia while your permanent visa is being processed.
2. Permanent Partner Visa (Subclass 801): Granted once your application is reviewed and all requirements are met, this is a permanent visa that allows you to stay in Australia indefinitely.

When applying for an onshore partner visa in Australia, applicants submit a combined application for both subclasses, starting with the temporary visa (820) and later progressing to the permanent visa (801). The waiting period to transition to the permanent visa can be about two years after submitting the initial application.

Partner Visa Requirements in Australia

The requirements for an onshore partner visa in Australia are comprehensive, so it’s essential to ensure you meet them before applying. Here are the main criteria you need to fulfill:

1. Relationship Requirement

To be eligible for the partner visa, applicants must be in a genuine and ongoing relationship with their sponsor, who must be an Australian citizen, permanent resident, or eligible New Zealand citizen. You can apply as:

• A married spouse: If you’re legally married, your marriage must be recognized under Australian law. This means both partners must be over 18, and the marriage should be valid and legitimate.
• A de facto partner: If you’re not married, you’ll need to prove that you’ve been in a de facto relationship for at least 12 months before applying for the visa. There are some exemptions to the 12-month rule, such as when the couple has registered their relationship under an Australian state or territory registry.

2. Commitment and Cohabitation

The Department of Home Affairs assesses whether your relationship is genuine and ongoing, meaning both partners intend to live together and are committed to a shared life. Evidence of shared residence, financial arrangements, social ties, and emotional support are key components in proving a committed relationship.

3. Sponsorship Requirement

Your partner, as the sponsor, must provide evidence of their Australian citizenship, permanent residency, or eligible New Zealand citizenship. Additionally:

• Sponsorship Limitations: There are limits on how often someone can sponsor a partner visa. For example, a person cannot sponsor more than two people for a partner visa in their lifetime, and there must be at least five years between each sponsorship.
• Character Requirements: Sponsors must meet specific character requirements, including providing police clearances.

4. Health and Character Requirements for the Applicant

Applicants must pass health and character assessments. This usually includes:

• Medical Examination: You’ll need to undergo a health check, ensuring you don’t have any health conditions that could pose a significant public health risk or burden on the Australian healthcare system.
• Police Checks: You’ll need to provide police checks from every country you’ve lived in for 12 months or more over the past ten years.

5. Financial Requirements

While there isn’t a set income level for a partner visa, applicants need to demonstrate that they have adequate means of financial support. Evidence of joint bank accounts, shared financial responsibilities, and joint assets can be crucial to proving a financial commitment in the relationship.

6. Documentation to Support Your Application

The application process for an onshore partner visa in Australia requires extensive documentation. The immigration department will closely review your application to ensure you meet all partner visa requirements in Australia. Some essential documents include:

• Identity Documents: Passport, birth certificate, and other identification documents.
• Proof of Relationship: Marriage certificate (if married), relationship registration certificate (if de facto), joint leases, or property ownership documents.
• Evidence of Shared Finances: Joint bank statements, utility bills, and any other shared financial documents.
• Statements from Family and Friends: Statutory declarations from family and friends confirming your relationship can support your case.
• Proof of Social Aspects of Your Relationship: Photos together, social media interactions, and invitations to events as a couple.

The Application Process: Step-by-Step

Here’s a step-by-step breakdown of applying for the onshore partner visa in Australia:

1. Prepare and Gather Documents: Compile all necessary documents to support your case. It’s advisable to organize evidence to reflect financial, social, and emotional aspects of your relationship.
2. Submit the Application: Apply online through the Department of Home Affairs website. You will need to submit a combined application for both the temporary (820) and permanent (801) visas, paying the visa fee upfront.
3. Undergo Medical and Police Checks: Complete your health examination and submit police certificates as required.
4. Attend an Interview (If Required): In some cases, the immigration department may request an interview to verify details about your relationship. Be prepared to answer questions about your relationship, living arrangements, and future plans.
5. Receive the Temporary Visa (820): Once approved, you’ll be granted the temporary 820 visa, allowing you to live, work, and study in Australia.
6. Transition to Permanent Residency (801): About two years after lodging your application, you may become eligible for the 801 visa. At this stage, you’ll need to demonstrate that your relationship is still genuine and ongoing.

Important Considerations for an Onshore Partner Visa in Australia

1. Visa Fees and Processing Time: The partner visa application is costly, and fees can exceed AUD 8,000. Processing times vary, with temporary visas taking around 20–24 months and permanent visas potentially taking longer.
2. Bridging Visa: If your current visa expires while waiting for your partner visa to be processed, you may be granted a Bridging Visa, allowing you to stay in Australia until your partner visa decision is made.
3. Impact of Relationship Changes: If your relationship ends while on a temporary visa, the Department of Home Affairs should be notified immediately. Depending on your circumstances, this may impact your visa status.
4. Seek Professional Assistance: Due to the complexity of the application and documentation required, many applicants opt for assistance from a registered migration agent.

Conclusion

Securing an onshore partner visa in Australia requires careful preparation and a strong understanding of the partner visa requirements in Australia. From gathering relationship evidence to meeting health and character standards, each step is critical to successfully obtaining both the temporary and permanent partner visas. Following the guidelines and preparing thoroughly will help streamline your path toward a life with your partner in Australia.