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Guide to Subclass 820 & 801 Partner Visas: Who Qualifies and What to Expect

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Are you planning to move to Australia with your partner? The Subclass 820 and 801 visas are designed to help you start a new life together. These visas offer a pathway from temporary to permanent residency, ensuring you can live and build your future in Australia. At BH Law Group, we’re here to make the visa process as smooth and straightforward as possible.

Subclass 820 and 801 Visas

The Subclass 820 and 801 visas are crucial steps in securing your life together in Australia. These visas work hand-in-hand, starting with Subclass 820 and leading to Subclass 801, ensuring that your journey from temporary to permanent residency is smooth and clear.

Subclass 820 Visa: The First Step

The Subclass 820 visa is the initial, temporary visa that allows you to live in Australia while your permanent visa application is being processed. It’s your entry point into the Australian way of life, offering you the chance to settle in, work, and access essential services like Medicare. This visa stays valid until you qualify for and apply for the Subclass 801 visa.

Subclass 801 Visa: The Next Step to Permanency

Once you’ve held the Subclass 820 visa for the required time, you can apply for the Subclass 801 visa. This visa grants you permanent residency in Australia, solidifying your ability to stay indefinitely, work, study, and fully integrate into the Australian community.

In essence, the Subclass 820 and 801 visas are designed to work together, with the 820 visa allowing you to start your life in Australia, and the 801 visa providing the security of permanent residency. This two-step process is straightforward, ensuring you and your partner can focus on building your future in Australia.

Eligibility Criteria for Subclass 820 and 801 Visas

To successfully apply for the Subclass 820 and 801 visas, you must meet specific eligibility requirements focusing on your relationship and personal circumstances.

To Apply for Subclass 820:

  • Relationship Requirement: You must be in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, whether married or in a de facto relationship.
  • Location: You need to be in Australia when applying for the Subclass 820 visa, as it is a temporary visa that lets you stay while your permanent visa is processed.
  • Evidence Needed: Provide evidence of joint financial commitments, shared living arrangements, and the social aspects of your relationship, such as joint invitations or shared activities.

For Subclass 801 Visa:

  • Duration: You must hold the Subclass 820 visa for at least two years before applying for the Subclass 801 visa.
  • Proof of Relationship: Continue to demonstrate that your relationship is genuine and ongoing with updated evidence.
  • Additional Requirements: Meet the necessary health and character standards by passing health checks and providing police certificates as needed.

Ensuring you meet these criteria is key to smoothly transitioning from temporary to permanent residency in Australia.

Step-by-Step Application Process for Visa

Navigating the application process for Subclass 820 and 801 visas requires careful attention to detail. Here’s a clear breakdown of each step to guide you through the journey from temporary to permanent residency.

Applying for Subclass 820:

  1. Gather Documents: Start by collecting all necessary documents. This includes proof of identity (such as a passport), evidence of your relationship (like joint bank statements, photos, and communications), and any relevant character and health documents.
  2. Submit Application: Apply online through the Department of Home Affairs website. Ensure that all sections are completed accurately and double-check that you’ve included all the necessary documents before submitting.
  3. Provide Evidence: After submitting your application, you’ll need to upload detailed evidence supporting your relationship. This might include shared financial responsibilities, cohabitation arrangements, and social activities that show your commitment to each other.

Transitioning to Subclass 801:

  1. Wait for Eligibility: Once you’ve been granted the Subclass 820 visa, you’ll need to hold it for at least two years before you can apply for the Subclass 801 visa.
  2. Apply for Subclass 801: As your eligibility period approaches, prepare to submit your application for the Subclass 801 visa. This application is your pathway to permanent residency in Australia.
  3. Provide Updated Evidence: During this stage, you’ll need to provide updated evidence showing that your relationship is still genuine and ongoing. This may include additional joint financial documents, recent photos, or declarations from friends and family.

By following these steps carefully, you’ll be well on your way to securing your Subclass 801 visa and achieving permanent residency. At BH Law Group, we’re here to guide you through each stage, ensuring your application is thorough, accurate, and submitted with confidence.

Benefits of Holding Subclass 820 and 801 Visas

Holding the Subclass 820 and 801 visas offers numerous advantages, helping you and your partner establish a secure and stable life in Australia. Here's a closer look at the benefits each visa provides:

Subclass 820 Visa Benefits:

  1. Stay and Work: The Subclass 820 visa allows you to live and work in Australia while your permanent visa application is being processed. This means you can start contributing to the workforce, pursue your career goals, and support your partner financially without delay.
  2. Access Healthcare: With the Subclass 820 visa, you’re eligible for Medicare, Australia’s public healthcare system. This gives you access to essential medical services, ensuring you and your partner can take care of your health without worrying about costs.
  3. Build Your Life: This temporary visa provides the opportunity to begin building your life in Australia. Whether it’s finding a home, exploring the local culture, or integrating into your community, the Subclass 820 visa sets the foundation for your future together.

Subclass 801 Visa Benefits:

  1. Permanent Residency: The Subclass 801 visa grants you permanent residency, allowing you to stay in Australia indefinitely. This provides you with the stability and security needed to plan for the long term, whether it’s buying a home, starting a family, or advancing in your career.
  2. Full Rights: With permanent residency, you gain full rights to live, work, and study in Australia. You can pursue any educational or professional opportunities, access social security benefits, and enjoy the same privileges as Australian citizens in many areas.
  3. Citizenship Pathway: One of the significant benefits of holding the Subclass 801 visa is the pathway it provides for Australian citizenship. After fulfilling the residency requirements, you can apply for citizenship, giving you and your partner the full rights and responsibilities of being Australian.

Both the Subclass 820 and 801 visas offer substantial benefits that enhance your quality of life, provide peace of mind, and open doors to future opportunities. These visas are not just a means to stay in Australia; they are a pathway to fully integrating into Australian society and building a lasting future together.

Common Challenges for Subclass 820 and 801 Visas

Applying for Subclass 820 and 801 visas can be a complex process, and many applicants encounter several challenges along the way. Understanding these common issues can help you prepare and navigate the process more effectively.

  • Gathering Sufficient Evidence: Collecting and presenting comprehensive proof of your relationship is crucial. This includes joint financial records, shared living arrangements, and social recognition.
  • Meeting Strict Criteria: You must meet rigorous requirements, including proving your relationship's authenticity and adhering to health and character standards. Missing deadlines or insufficient evidence can delay or derail your application.
  • Dealing with Uncertain Timelines: Processing times can be unpredictable, causing stress and uncertainty about your future. Delays or additional information requests can add to the anxiety.
  • Managing Legal and Administrative Complexities: Navigating the application process and understanding legal terms can be overwhelming. Mistakes in the application or difficulties with the online system can result in delays or rejections.

Understanding these challenges ahead of time can help you prepare effectively, ensuring that you address each requirement with the attention and accuracy it demands.

Why Choose BH Law Group for Your Visa Application?

Here’s why BH Law Group stands out as your ideal partner for a smooth and successful visa application process:

  • Proven Success: With a strong track record in handling Subclass 820 and 801 visa applications, BH Law Group has a history of delivering successful outcomes for our clients.
  • Tailored Service: We know that each case is unique, which is why we provide personalised advice and support tailored to your specific situation. From initial consultation to final approval, we customise our services to fit your needs, ensuring that every aspect of your application is addressed effectively and efficiently.
  • Client Satisfaction: Our clients consistently appreciate our thorough approach and dedication. We take pride in offering a high level of service, marked by clear communication, prompt responses, and a commitment to your success.

Choosing BH Law Group means you’re not just getting legal representation; you’re gaining a partner who is invested in your success. We’ll guide you through every stage of the visa process, leveraging our expertise to help you achieve the best possible outcome.

FAQ

Q: How long does it take to get 801 after 820?

Ans: It typically takes about 1 to 2 years to receive the Subclass 801 visa after being granted the Subclass 820 visa, provided you continue to meet the eligibility requirements.

Q: Does the 801 visa expire?

Ans: No, the Subclass 801 visa does not expire as it is a permanent visa. However, you must continue to meet the visa conditions and maintain a genuine relationship.

Q: Can I buy a house on an 801 visa?

Ans: Yes, as a permanent resident on a Subclass 801 visa, you can buy property in Australia without restrictions.

Q: Can my partner cancel my 801 visa?

Ans: Your partner cannot directly cancel your Subclass 801 visa. However, if your relationship ends, it may impact your visa status if you fail to meet the ongoing relationship requirements.

Q: Can I travel overseas on 801 visa?

Ans: Yes, you can travel overseas on a Subclass 801 visa. Ensure you have a valid return visa or travel facility to re-enter Australia.

Q: What happens if you break up on a partner visa 820?

Ans: If you break up while on a Subclass 820 visa, your visa status may be affected. You must notify the Department of Home Affairs, and your path to the Subclass 801 visa could be jeopardised.

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