Subclass 820 and subclass 801 visas are Australian visas that allow you to reside, work, and study in the country. The Subclass 820 visa is a temporary visa that lets you stay temporarily in Australia and is the first step to obtaining a permanent partner visa. The subclass 801 visa is a permanent resident visa that allows you to work, study, travel, and even apply for Australian citizenship later on.

In this blog, we will discuss whether you can work in Australia on subclass 820 or subclass 801 visas. We will also explore the eligibility criteria for these visas, the work rights associated with them, and the application process for these visas.

Subclass 820 Visa Eligibility Criteria:

The applicant must be in a genuine and ongoing relationship with their partner, who must be an Australian citizen and an Australian permanent resident.
At the time of application and when the visa is granted, the applicant must be in Australia.
Health and character requirements must be met by the applicant.
The applicant must provide evidence of their relationship, including proof of cohabitation, joint finances, and social recognition of their relationship.
The applicant must pay the fee associated with the visa application.

Subclass 801 Visa Eligibility Criteria:

The applicant must hold a Subclass 820 visa at the time of application.
The applicant must have been in a genuine and ongoing relationship with their partner for at least two years since the Subclass 820 visa was granted.
Health and character requirements must be met by the applicant.
The applicant must provide evidence of their relationship, including proof of cohabitation, joint finances, and social recognition of their relationship.
The applicant must pay the fee associated with the visa application.

Can You Work in Australia on a Subclass 820 or Subclass 801 Visa?

Holders of Subclass 820 and Subclass 801 visas are allowed to work in Australia. The work rights associated with these visas are as follows:

Subclass 820 Visa Work Rights:

Full working rights.
The ability to work in any occupation in Australia.
The ability to work for any employer in Australia.
The ability to work full-time or part-time.

Subclass 801 Visa Work Rights:

Full working rights.
The ability to work in any occupation in Australia.
The ability to work for any employer in Australia.
The ability to work full-time or part-time.

What is the Difference Between Subclass 820 and Subclass 801 visas?

The Subclass 820 and Subclass 801 visas are both Australian partner visas that allow the partner or spouse of an Australian citizen, an Australian permanent resident. The main differences between these two visas are as follows:

Subclass 820 Visa:

A temporary visa that allows the applicant to live in Australia for a limited period.
The applicant must be in Australia at the time of application and when the visa is granted.
The processing time for a Subclass 820 visa varies, but most applications are resolved within 22 months.
The applicant must live in Australia with their partner for two years to become eligible for permanent residency.
The applicant must possess healthy characteristics and good character to be eligible.

Subclass 801 Visa:

A permanent visa that allows the applicant to live in Australia indefinitely.
The applicant must hold a Subclass 820 visa at the time of application.
The processing time for a Subclass 801 visa varies, but it is granted around 24 months after the Subclass 820 visa.
The applicant must have been in a genuine and ongoing relationship with their partner for at least two years since the Subclass 820 visa was granted.
The applicant must possess healthy characteristics and good character to be eligible.

To Work in Australia on Subclass 820 or Subclass 801 Visas, the Following Conditions Must be Met:

The applicant must have a valid Subclass 820 or Subclass 801 visa.
The applicant must not engage in any work that is prohibited by their visa conditions.
The applicant must comply with all Australian workplace laws and regulations.
The applicant must have a Tax File Number (TFN) issued by the Australian Taxation Office (ATO).
The applicant must have a bank account in Australia to receive their salary.
The applicant must have appropriate work-related visas or permits if they wish to work in certain industries, such as healthcare or education.

It is important to note that the work rights and conditions associated with Subclass 820 and Subclass 801 visas may change over time.

How to Apply for Subclass 820 and Subclass 801 Visas?

To apply for a Subclass 820 and Subclass 801 visa, applicants must follow the application process outlined by the Australian government. The application process for these visas is as follows:

Gather the required documents: Applicants must provide certified copies of their birth certificate, passport, and other identity documents.
Lodge the application: Applicants must lodge their application online through the Australian government’s ImmiAccount portal. They must pay the visa application fee at the time of lodgement.
Attend a health examination: Applicants must undergo a health examination to ensure they meet the health requirements for the visa.
Attend an interview: Applicants may be required to attend an interview with a visa officer to discuss their application and provide additional information.
Wait for a decision: The processing time for Subclass 820 and Subclass 801 visas varies depending on the individual circumstances of the applicant. Applicants can check the status of their application online through the ImmiAccount portal.

Documents required to apply for Subclass 820 and Subclass 801 visas include

Certified copies of the applicant’s birth certificate and passport
Evidence of the applicant’s relationship with their partner.
Health examination results
Police clearance certificates from all countries the applicant has lived in for more than 12 months in the last 10 years
Proof of English language proficiency (if applicable)

Cost to Apply for Subclass 820 and Subclass 801 Visas

The cost of applying for Subclass 820 and Subclass 801 visas varies depending on the applicant’s circumstances. The following are the costs associated with these visas:

Subclass 820 Visa Costs:

The government fee for the main applicant is AUD 8,085.
A further AUD 4,405 for a dependent child over the age of 18.

Subclass 801 Visa Costs:

The visa fee for the primary applicant is AUD 7,850.
If the applicant is a holder of a Subclass 300 Visa, the application fee is waived.

It is important to note that these fees may change over time. In addition to the visa application fees, applicants may also need to pay for other costs associated with the application process, such as health examinations and police clearance certificates. Applicants should also consider the cost of living in Australia, as they will need to support themselves and their partner while living in the country.

General FAQs Related to Subclass 820 Or Subclass 801

Can I Apply for a Subclass 801 Visa Directly without Applying for a Subclass 820 Visa?

No, you cannot apply for a Subclass 801 visa directly without applying for a Subclass 820 visa. The Subclass 820 visa is a temporary visa that must be held before applying for the Subclass 801 visa, which is a permanent visa. Both visas must be applied for simultaneously, and only a single application charge is applicable. The Subclass 820 visa is granted first, and the Subclass 801 visa is granted around 24 months later. The applicant must have been in a genuine and ongoing relationship with their partner for at least two years since the Subclass 820 visa was granted to be eligible for a Subclass 801 visa.

Can I Include My Family Members in My Subclass 801 Visa Application?

Yes, Dependents can be included in the Subclass 801 visa application process. This allows partners to include their dependent child in a single application. The Subclass 801 visa is a permanent residence partner visa that is applied for and granted onshore. It forms part of a combined application comprising the Subclass 820 visa and Subclass 801 visa. The requirement is to submit the combined Subclass 820/801 visa application in Australia.

Is there a Fee for Including Dependent Family Members in a Subclass 801 Visa Application

There is no additional fee for including dependent family members in a Subclass 801 visa application. Secondary applicants are required to pay an A$0 visa application charge for the Partner Subclass 801 visa. The visa fee for the primary visa applicant is AUD 7,850. Since family members are part of the application, gathering documentation for them is essential.

The Bottom Line

If you are considering applying for Subclass 820 and Subclass 801 visas, it is recommended that you seek professional advice to ensure that you are fully informed about your eligibility, the application process, and the documentary evidence requirements that apply before you lodge your application. Ausyes is a migration company in Adelaide that can help individuals with their partner visa subclass 820 or subclass 801 applications. We provide assistance with the visa application process, including preparing and submitting the necessary documents, liaising with the Department of Home Affairs, and providing ongoing support throughout the application process. We also provide advice on the requirements for the visa, including the eligibility criteria, the application process, and the rights and privileges associated with the visa.

Can I Work In Australia On Visa Subclass 820 Or Subclass 801?