This visa is for those in committed relationships on a married or de facto basis.
The onshore partner visa allows you to remain in Australia on the basis of your married or de facto relationship with your partner (a) on a temporary immigration visa (usually for a waiting period of approximately two (2) years from the date you applied for the visa) or (b) on a permanent visa if, after the waiting period (if applicable), your partner relationship still exists and you are still eligible for this visa.
This visa includes dependent children and other eligible dependent relatives.
Who is eligible for a Spouse Visa?
Your marriage must be legal under Australian Law. If you were married in a country other than Australia and that marriage is valid in that country, generally it will be recognised. There are some exceptions, such as underage or polygamous marriages, which are not accepted in Australia.
De facto Applicants
You and your partner must have been in a de facto relationship for the entire 12 months immediately prior to making application.
This requirement may be waived if you can demonstrate compelling and compassionate circumstances or you have registered your de facto relationship in an Australian State or Territory.
Other Requirements for a Spouse Visa
You must be sponsored by an eligible sponsor. An eligible sponsor is an Australian citizen, permanent resident or an eligible New Zealand citizen, who undertakes sponsorship obligations. Usually the sponsor is your partner and is over 18 years old.
You and your partner must show a mutual commitment to a shared life as husband and wife to the exclusion of all others. You and your partner must be living together or, if not, any separation must be only temporary. You must also have a genuine and continuing relationship with your partner.
Benefits of the Onshore Partner Visa (Subclass 820)
By applying for this visa onshore you will be granted a Bridging Visa with work rights and access to medicare. You will be able to study while waiting for a decision.
Note: In certain circumstances you can apply to go straight to permanent residency without the two year temporary residency requirement if you are in a long standing relationship.