Can An 820 And 801 Be Granted Together?
6 November 2024
In some cases, the 820 and 801 visas can be granted together, although these visas are typically issued as two separate stages in the Australian partner visa process.
The 820 visa serves as a temporary partner visa, allowing applicants to live in Australia while they work toward eligibility for the permanent 801 visa.
For couples who meet certain criteria, however, there may be an opportunity to secure both visas at once, bypassing the usual waiting period and expediting their journey to permanent residency.
Having the 820 and the 801 granted together is also referred to as a partner visa double grant. The same principles apply to having an offshore visa in stages temporary and permanent granted at the same time.`
The Typical Process – Applying For The 801 Two After The 820
Regulation 1.20J of the Migration Regulations stipulates that applicants are initially granted a temporary partner visa (subclass 820 or 309) and become eligible to apply for the permanent partner visa (subclass 801 or 100) two years after lodging the initial application.
In most cases, that is what to expect when journeying through the partner visa process.
Having The 820 And 801 Granted At The Same Time
Receiving both the 820 and 801 visas at the same time is an exception to the usual two-stage partner visa process, in which the temporary visa (subclass 820 or 309) is granted first, and then, approximately two years from the initial application date, applicants become eligible for the permanent visa (subclass 801 or 100).
When both the 820 and 801 visas are granted together, the applicant bypasses the typical waiting period between the two visa stages, getting fast-tracked to permanent residency.
Securing both the 820 and 801 visas at the same time is no simple task, as it requires meeting a high standard of evidence to prove the stability and commitment of the relationship. For couples aiming to receive both visas together, this evidentiary threshold is even higher, demanding substantial proof to be considered for simultaneous approval of both visas.
Who Can Qualify For An Immediate Grant Of Both The 820 And 801 Partner Visas?
There are specific circumstances under which applicants may be eligible to secure the permanent Partner Visa (subclass 801 or 100) without the standard two-year waiting period.
The most common pathway, and the focus of this discussion, is where a couple can demonstrate they have been in a long-term relationship for at least three years at the time of application, or for at least two years if they have a child together.
One frequent misunderstanding among applicants is related to the term “long-term relationship.” This isn’t based on the total length of the relationship (such as dating duration) but rather on the duration of an established de facto or spousal relationship.
So if you and your partner can prove that you have been in a de facto or spousal relationship for at least three years, or two years with a child together, then you may be well-positioned to apply for both the provisional and permanent visas simultaneously.
Can I Request a ‘Double Grant’?
The Migration Regulations do not explicitly mandate a double grant process. Instead, the regulations allow for case officer discretion in cases where a couple can clearly demonstrate that they meet the criteria for both the temporary and permanent visas at the time of the application.
Where suitable we commonly give the Department a written request that both subclasses are granted together. We would point out the long term nature of the relationship and other factors that meet the criteria.
Key Differences Between Temporary and Permanent Partner Visas
Partner visas are divided into two stages—a temporary visa (820 or 309) and a permanent visa (801 or 100)—to allow the Department of Home Affairs to assess the ongoing nature and stability of the applicant’s relationship with their Australian partner over time.
This two-stage approach helps ensure that the relationship is genuine and lasting, a requirement essential to qualifying for permanent residency. By initially granting a temporary visa, the Department can monitor the relationship for a set period, typically two years, during which the couple must continue to meet specific requirements, including providing updated evidence of their relationship.
The staged process also helps reduce the risk of fraud by preventing applications based on short-term or non-genuine relationships from immediately resulting in permanent residency. This structure allows the Department to grant permanent residency only to couples who demonstrate an established and committed partnership, ultimately ensuring that the benefits of permanent residency are extended to applicants who are likely to maintain long-term ties in Australia.
The two-stage partner visa process is specifically outlined in Regulation 1.20J of the Migration Regulations 1994, which addresses the process and conditions for granting both temporary and permanent partner visas under the Partner Visa subclasses (820/801 for onshore applicants and 309/100 for offshore applicants).
Regulation 1.20J specifies that applicants are granted a temporary partner visa initially, allowing them to live in Australia with their sponsor while they meet further criteria for the permanent visa. This regulation details that permanent residency is only granted if the applicant meets certain requirements over time, including proof of the ongoing and genuine nature of the relationship.
Practical Tips for a Smooth Transition from 820 to 801
If you do not receive a double grant, you can still set yourself up for success by minimising the period between becoming eligible for the 801 and actually submitting it.
It will always help to maintain a record of documents that show your ongoing relationship and stability during the 820 visa period. Regularly updating your file with evidence such as joint financial accounts, shared property or lease agreements, and photos of shared experiences will make it easier to submit a strong application for the 801 stage when the time comes.
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