How to Decide between a 309, 820 and 801 Partner Visa?

 If you are a partner of an Australian citizen, permanent resident or eligible, Suppose you are a partner of an Australian citizen, permanent resident or eligible citizen. In that case, citizen, you may be eligible to apply for one of three partner visas: the Partner Provisional Visa 309, the Partner Visa 820 and 801. All three visas allow partners of Australian citizens and permanent residents to remain in Australia on a permanent basis. However, each visa has different requirements and different processing times. Here is the differences between the 309, 820 and 801 partner visas, and provide tips on how to decide which visa is best for your circumstances.

What is the Partner Provisional Visa 309?

The Partner provisional and migrant visa 309 is a temporary visa that allows the partner of an Australian citizen, permanent resident or eligible New Zealand citizen to remain in Australia. In contrast, their permanent Partner visa 801 or 820 application is being processed. The 309 visa allows the partner to work, study and access Medicare benefits while they wait for the permanent visa decision.

To be eligible for a 309 visa, the person applying must have been sponsored by their partner, an Australian citizen, a permanent resident or eligible citizen. They must also meet certain other requirements such as character and health criteria.

If the 309 visa is granted, the visa holder can stay in Australia until their permanent visa 801 or 820 is granted. Once granted, they can remain in Australia indefinitely on a permanent visa.

What is the Partner Visa 820 and 801?

The Partner Visa 820 and 801 are two types of visas that allow a partner of an Australian citizen, permanent resident or eligible citizen to live in Australia.

• The Partner Visa 820 is a temporary visa which allows the applicant to stay in Australia until a decision is made on the permanent Partner Visa 801. The Partner Visa 820 can be applied for while you are either in Australia or outside of Australia.
• The Partner Visa 801 is a permanent visa and is usually granted 2 years after successfully applying for the Partner Visa 820.

To be eligible for the Partner Visa 801, applicants must have been in a genuine relationship with their partner for at least 12 months before making their application.

The Partner Visa 820 and 801 both provide rights to work and study in Australia, access to Australian health care benefits, family reunions and travel overseas (but the right to travel will be revoked if the visa holder is absent from Australia for more than one year).

There are additional requirements that applicants must meet to be granted these visas, including providing proof that your relationship is genuine and continuing and having met other character and health criteria.

Which one should you apply for?

For the Partner Provisional Visa 309, applicants must demonstrate that they are in a genuine relationship with their partner and that they intend to continue that relationship while they are in Australia.

The partner visa 820 and 801 are for couples who have already been living together for at least 12 months or are married. In order to be eligible for either of these visas, applicants must demonstrate that their relationship is genuine and continuing, that they are in good health, and that they meet character requirements.