Is the The Australia Partner Visa (subclass 820/801) for Married or Unmarried Couples?
The Australia Partner Visa (subclass 820/801) is available for both married and unmarried couples. The visa is designed to allow the spouse or de facto partner of an Australian citizen, permanent resident, or New Zealand citizen to live and work in Australia with their partner.
How long does an applicant have to be on the 820 visa before converting to the 801?
In order to be eligible to apply for the conversion of the Australia Partner Visa (subclass 820/801) from the provisional subclass 820 visa to the permanent subclass 801 visa you must have been living in a genuine relationship with your partner for at least two years at the time of application.
The two year requirement applies to both married and de facto partners. If you are married then you must have been married for at least two years at the time of application. If you are in a de facto relationship then you must have been living together in a de facto relationship for at least two years at the time of application.
If you have been living in a de facto relationship for less than two years but have a dependent child together with your partner, you may still be eligible for the permanent subclass 801 visa.
Is the The Australia Partner Visa (subclass 820/801) Suitable for LGBT Couples?
Yes, the Australia Partner Visa (subclass 820/801) is suitable for LGBT couples. Australia recognizes same-sex relationships and offers Partner Visas for same-sex couples who are in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. The eligibility requirements for the Partner Visa are the same for both opposite-sex and same-sex couples.
The Australian government recognizes same sex marriages, civil unions and de facto relationships for the purposes of the Partner Visa. Same sex couples who are married or in a civil union may be eligible for the Partner Visa if they meet the relevant criteria.
What happens if we break up when I’m on the The Australia Partner Visa (subclass 820/801)?
If you are on the Australia Partner Visa (subclass 820/801) and you and your Australian partner break up then it can have implications on your visa status. The subclass 820/801 visa is granted based on the premise that the relationship between the visa holder and their Australian partner is genuine and ongoing. If the relationship breaks down then this can impact your visa status.
If you are still on a subclass 820 visa, and you break up with your partner before you are eligible to apply for the subclass 801 visa, you will need to notify the Department of Home Affairs as soon as possible. Your subclass 820 visa may be cancelled, and you may need to leave Australia.
If you have already applied for the subclass 801 visa, and you break up with your partner before the visa is granted, you will need to notify the Department of Home Affairs. The department will assess your case based on the evidence you provide and may require further information from you and your former partner. If the department is satisfied that your relationship was genuine and ongoing but has since ended due to reasons beyond your control thenyou may still be eligible for the subclass 801 visa.
If you are granted the subclass 801 visa and you break up with your partner after the visa is granted then your visa status will not be affected. However, you will need to notify the Department of Home Affairs of the change in your circumstances.
What about if I am the victim of domestic violence when on The Australia Partner Visa (subclass 820/801). If I leave the person then my visa could be cancelled but does this mean I am trapped in a catch 22 situation?
If you are on the Australia Partner Visa (subclass 820/801) and you are a victim of domestic violence then you may be able to apply for a Domestic Violence (Subclass 820) visa. This visa is specifically designed to give support and protection to victims of domestic violence who are in a relationship with an Australian.
To be eligible for the Domestic Violence (Subclass 820) visa you must provide evidence of domestic violence, including police reports, medical reports or court orders. You must also provide evidence that you are still in a relationship with your Australian partner and that the relationship is ongoing. The Domestic Violence (Subclass 820) visa will allow you to stay in Australia for two years.
If you leave your Australian partner due to domestic violence and do not have a Domestic Violence (Subclass 820) visa then your subclass 820 visa may be cancelled. However, if you can provide evidence of domestic violence then you may be able to apply for a Bridging visa E (BVE) which will allow you to stay in Australia temporarily.