Spouse visa: temporary and permanent 820/801
(content source: www.immi.gov.au)

This Visa is for applicants currently IN Australia. If the applicant is OUTSIDE of Australia click here.




About this Visa

This visa allows you to enter or remain in Australia on the basis of your married or de-facto relationship with your partner:

  • on a temporary visa (usually for a waiting period of approximately two (2) years from the date you applied for the visa)
  • on a permanent visa if, after the waiting period (if applicable), your partner relationship still exists and you are still eligible for this visa.

Your partner must provide sponsorship for you.




Who is this visa for?

This visa is for you if you want to enter Australia on the basis of your relationship with your partner. Your partner must be one of the following:

  • an Australian citizen
  • an Australian permanent resident
  • an eligible New Zealand citizen.




How much will this visa cost?

There is an application charge for this visa. This will usually not be refunded if your application is unsuccessful, or if you decide to withdraw your application after you have lodged it. The application charge covers you and all family members included in your application.
See: Partner Visa Charges




What does the visa let me do?

The table below gives a summary of what you can do in Australia if you have a temporary or permanent Spouse visa.

Visa Type What You Can Do In Australia

Spouse temporary visa (subclass 820)

  • remain in Australia with your spouse, until a decision is made regarding your permanent visa
  • work in Australia
  • study in Australia, but you will not have access to government funding for tertiary study
  • enrol in Australia's medical benefits expenses and hospital care scheme, Medicare.
    See: Medicare

Spouse permanent visa (subclass 801)

  • remain permanently in Australia with your spouse
  • work and study in Australia
  • enrol in Australia's medical benefits expenses and hospital care scheme, Medicare.
    See: Medicare
  • eligible to receive certain social security payments
    See: Centrelink
  • apply for Australian citizenship (subject to the residency eligibility criteria)

Note: You may also be eligible to enrol in Medicare, if you are married and have applied for, but not yet been granted, this visa.




How this visa works

Applying for temporary and permanent visas

You apply for both a temporary visa and a permanent visa by completing and lodging one application.

  • If you meet all the legal criteria for the grant of the visa, you may be granted a temporary Spouse visa (subclass 820). This visa remains valid until a decision is made on your permanent visa, which is usually two (2) years after you initially applied for your visa.
  • If you still meet all legal requirements when your application is considered after the waiting period, you may be granted a permanent Spouse visa (subclass 801).

However, you may be granted a permanent visa without having to wait if you can demonstrate one of the following:

  • at the time you apply for the visa, you have been in a spouse relationship with your partner for five (5) years or more
  • at the time you apply, you have been in a spouse relationship with your partner for two (2) years or more, and there are dependent children of your relationship
  • your spouse was granted a Protection visa or a permanent visa under the humanitarian program and you were in the relationship before the visa was granted and this had been declared to the department at the time.

Note: Generally, you should be living with your partner in a spouse relationship at the time you apply.

Responsibilities

Key responsibilities when obtaining and using a Spouse visa are summarised in the table below.

Person Responsibility

Sponsor and applicant

Be in a married or de-facto relationship prior to lodging an application.

Sponsor

 

Be prepared to sponsor the applicant and any dependent family members also included in the application and who are migrating with the applicant.

Applicant

Complete and lodge your application including all forms, supporting documentation and application charges.

Note: You apply for a temporary and a permanent spouse visa at the same time. If you are granted a temporary spouse visa, there is no need to lodge another separate application for your permanent spouse visa.

If you can meet all the legal criteria, you may be granted a temporary Spouse visa.

Sponsor and Applicant

After the grant of a temporary spouse visa, the sponsor and applicant must maintain their spouse relationship and meet all legal requirements when a decision is made on the applicant's permanent spouse visa (usually a two year waiting period from the time the application was lodged).

A permanent spouse visa may be granted at the end of the waiting period if the sponsor and applicant still meet all legal requirements.

Visa validity period

If you are granted a temporary spouse visa, it is normally valid throughout the waiting period until a decision is made on your permanent spouse visa application.

If you are granted a permanent spouse visa, it will allow you to remain in Australia permanently.