# spouse visa 820 or 801?



## nirmalgyanwali (Oct 16, 2012)

We, both are living in australia and just married. I am permanent resident and she is in student visa.
I was wondering which visa is suitable for her - 820 or 801?
Can she directly get permanent residency? and how long does it take to get onshore visa practically?

Thank you in advance for your concern.


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## Becky26 (Jul 21, 2013)

*Onshore Partner (820/801) Visa Application Process*



nirmalgyanwali said:


> We, both are living in australia and just married. I am permanent resident and she is in student visa.
> I was wondering which visa is suitable for her - 820 or 801?
> Can she directly get permanent residency? and how long does it take to get onshore visa practically?
> 
> Thank you in advance for your concern.


Hey nirmalgyanwali,

Congratulations on getting hitched 

*Before you start the paperwork for the partner visa, please take some time to thoroughly read and understand the Partner Migration Booklet (attached with this post).*

Partner Onshore (820/801) is a combined application and *the applicants CANNOT just apply for the 801 (permanent) visa.* The applicant applies for 820/801 visa together, *DIBP will decide whether or not you fit the criteria of 801 permanent visa. *The *eligibility criteria of 801 visa is mentioned on page 37 of the partner migration booklet.*
If you do fit the criteria, 801 permanent visa will be granted without having to wait for the 2-year period.

If she applies for a partner visa before his student visa expires then she will be granted a Bridging Visa A. The BVA will sit dormant until her student visa is valid, and as soon as it expires the BVA will kick in. Applicants for partner visas have FULL work rights, regardless of the work restrictions of their previous visas. The BVA will be valid until the partner visa application is finalized.

*The processing time frame for onshore partner visa as indicated on the DIBP website is 12-15 months. *Below is the link from the DIBP website:-
Partner visa (subclasses 820 and 801)

Below is the visa processing time frame chart available on the DIBP website:-
https://www.immi.gov.au/about/charters/client-services-charter/visas/5.0.htm

*When does your partner's student visa expire? Also does it have the condition 8503 "No Further Stay" on it?*

Hope this helps. Good Luck!!

Kind Regards,
Becky


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## Becky26 (Jul 21, 2013)

*Bridging Visa A= Full Work Rights*



rt00021 said:


> Hey buddy Becky,
> 
> What do you mean by this? Can a spouse work on bridging visa too when she has already applied for 820/801 but outcome is still awaited. Loved the colors you use, by the way.


Hey rt00021 

I'm not sure whether the Bridging Visa B also has these rights, but am sure about BVA. This change was implemented on 24 November 2012 with legislative change IMMI 12/094. *Now onshore partner visa applicants who apply for and receive a BVA automatically get full work rights when their previous visa expires and the BVA kicks in. *
Before the above changes were made, the BVA used to have the same visa conditions as of the previous substantive visa that the applicant held.
Migration Regulations 1994 - Specification of a Class of Persons - IMMI 12/094

Thanks!! I try to make the post look pleasing to the eye and highlight the important points.

Hope this helps. Good Luck!!

Kind Regards,
Becky


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## shanish (Mar 21, 2014)

Hi,

I am writing this to seek some advice regarding Permanent Residence application for my family. 

I am living in Melbourne on a 190 Permanent Resident Visa. I intend to apply for my wife and kids as they were not initially included in 190 visa application with me . As such, processing times for partner category visas (820, 801 & 309, 100) is close to 2 years, as shown on immigration website. 

What visa should i apply so that my family could join me as soon as possible ? Pertinently we are in a long term relationship. 

If my family comes to Australia on a Visitor visa and then apply for a partner category visa (820,801), they would be issued a birding visa till the time decision on 820 visa is made ? In this case, would we be able to claim centrelink/child care benefits ? ( I myself have been in Australia for less than 2 years however certain benefits like Family tax benefit, child care benefit, child care rebate etc do not have a wait period, if your family is on a permanent visa. My precise question is, on bridging visa, would my family be entitled to these benefits ?)

I shall be grateful for your reply.


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