What’s the Difference Between 820 and 801 Partner Visas?
A partner visa is one of the most desired visas in Australia. If you are married to an Australian citizen or have a de facto relationship with your Australian citizen spouse, Australian permanent resident or eligible New Zealand citizen of the same or opposite sex, a partner visa (801 and 802) allows you to live in Australia with your partner. Partner applications can be made together or at separate times, but typically subclass 820 and 801 (onshore partner visa) applications are lodged at the same time and allocated and processed separately (in 2 stages). The processing of the subclass 801 (permanent) visa does not commence until at least 2 years have passed from the date of the most recent subclass 820/801 partner visa application. This is to ensure that the parties are in a genuine and ongoing long-term relationship with one another. Website:- https://mcsvisas.com.au
What are the 820 and 801 visas?
They are linked together; you typically apply for them at the same time, but the 801 is granted after a time period and checks have been made.
The 820 is essentially your “in-between” visa. So you can live in Australia temporarily while the decision is being made for your permanent partner visa. Think of it as a stepping stone. You'll get to stay, work, maybe study, and be together.
801 follows after (usually), and it is a full-time (bonded) visa to live in Australia permanently, indefinitely. You get full-rights residency stuff, more stability, and generally more peace of mind.
How Does the Journey Start?
Below is an outline of what most people go through during the visa process:
You are eligible to apply for visas 820 and 801 at the same time. In this instance, the Department will assess if the relationship is genuine, if your sponsor meets the requirements, etc.
If your visa is approved, you will receive a visa 820, which means you are eligible to stay in Australia while it is processing for final assessment. Under visa 820, you are allowed to work, study and access health care (Medicare), depending on your permission status.
Waiting period: it is typical to wait for around 2 years from the time of submission of your partner visa application before the department assesses if your relationship is genuine and continuing. You will have to demonstrate evidence of joint finances, living arrangements, possibly photos, messages, etc., for example, corroborating the shared life.
Moving to visa 801 assessment, If everything is satisfactory, you can move from temporary (820) to permanent (801) partner visa, which gives you full rights to stay permanently, possibly sponsor others, greater access to benefits, etc.
In some cases where the relationship is long and stable enough, the decision-maker may decide to grant both 820 & 801 at the same time (‘double grant’), which means you do not have to wait the full processing period for permanent residency, but this is not guaranteed.
So which one should you apply for?
Each situation is unique and different, depending on your life, relationship, and future plans. Consider the questions below to determine which direction will better serve you, or if you will just organically go both ways anyway.
Are you presently in Australia?
You must apply for visa 820 when in Australia; otherwise, there are other visa options for being outside of Australia.
How long have you been together/or living together?
The longer you and your partner are together and living together and have more evidence (shared home, shared finances, shared travel), the stronger the case for the visa will be. This may also help your case for a double grant. If you have only been together for a short time or don't have much evidence, you will want to plan to demonstrate significant ongoing commitment over time.
Do you absolutely need it right away?
If, for the purposes of applying for permanent residency, you wish to know your long-term future but you do not yet meet all the residency requirements, you can start with the temporary 820 and next work towards the 801. If your evidence is already exceptionally strong, you may think in terms of a double grant for both 820 and 801, although, in most cases, you would be waiting on weekly documents, and once that is done, continue the same process after a year or more, submitting proof along the way.
Are you OK with storing and keeping evidence?
For both the visa stages, and especially for 801, you will be required to provide evidence: joint bank accounts, photographs, joint lease or mortgage, expenses, messages, etc. If your evidence is dull, or you cannot provide this, it may slow you down or compromise your application.
What will your objective be be long-term?
Do you want to be a permanent resident? Would you want to then apply for citizenship? Would you hope to be able to sponsor family? If so, you would be aiming for 801. If you think being a temporary resident would be too much, you should reconsider if 820 would be enough right now.
Website:- https://mcsvisas.com.au
Conclusion
If you are intending for it to be a long-term future in Australia, you will likely want both. Start with 820, then go to 801. The 820 is your breathing room, protection, and rights while you wait. The 801 is your permanence. If you are newer in your relationships or just missing some evidence, do not be discouraged. Start with 820 and build up the proof, and be genuine. Relationships are not just a legal document but are real life. The visa system wants the paperwork, and it does not matter what is behind the documentation.
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