Subclass 820 Partner Visa
The Partner (Temporary) (Class UK) Subclass 820 Visa allows the de facto partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen to temporarily stay in Australia. This visa is a pathway to the permanent Partner Visa (Subclass 801). Generally, you will be assessed for the permanent visa two years after applying for the combined 820/801 visa. Applicants must be in Australia when applying for this visa.
Work Rights on Subclass 820 Visa
Holders of the Subclass 820 visa have full rights to work anywhere in Australia.
Including Family Members in Subclass 820 Visa
You may include dependent children in your application either at the time of submission or before a decision is made. After the visa is granted, if you want to add a child, you must apply for a Subclass 445 Dependent Child Visa.
Relationship Requirements for Subclass 820 Visa
To be eligible for the Subclass 820 visa, you must be in a genuine, committed relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. This applies to both spouses and de facto partners, regardless of gender.
Relationship by Marriage
For married couples, the relationship must be genuine and continuing, with a commitment to a shared life to the exclusion of all others. You must live together or not live separately on a permanent basis. The marriage must also be valid under Australian law.
Relationship by De Facto Partnership (Over 12 Months)
For de facto relationships, you must have lived together for at least 12 months, share a genuine and continuing relationship, and be committed to a shared life. You cannot be related by family.
De Facto Partnership (Less Than 12 Months)
The 12-month requirement may not apply if your partner holds or held a permanent humanitarian visa and the relationship existed before the visa grant. It also does not apply if you have registered your relationship with an Australian authority, such as a registry of births, deaths, and marriages.
Online Relationships
Time spent dating or in an online relationship generally does not count towards the de facto relationship requirement. Detailed documentary evidence is required as per the Partner Visa 820 checklist.
Subclass 820 Visa Extension
An extension is not required for the Subclass 820 visa, as it allows you to remain in Australia until your permanent Partner Visa (Subclass 801) is granted or your application is withdrawn.
Application Fees for Subclass 820 Visa
The application fee for both the Partner Visa Subclass 820 and the Partner Visa Subclass 801 is AUD 9,095, payable at the time of lodging the combined application.
Processing Time for Subclass 820 Visa
For standard applications, 25% are processed within 6 months, and 50% within 9 months. Processing times can vary depending on individual circumstances.
Schedule 3 Criteria for Subclass 820 Visa
Criteria for Unlawful Non-Citizens and Bridging Visa Holders
Schedule 3 of the Migration Regulations 1994 outlines additional criteria for visa applicants who are unlawful non-citizens or hold only a bridging visa at the time of application.
Purpose of Schedule 3 Criteria for De Facto Visa
These criteria aim to:
- Encourage non-citizens to apply for another visa before their current visa expires.
- Discourage non-citizens from overstaying their visa.
- Prevent those who remain unlawfully from gaining visa eligibility.
Factors Beyond Applicant’s Control
To meet Schedule 3 criteria, the applicant must demonstrate that circumstances beyond their control led to their unlawful status or lack of a substantive visa. The situation must have directly caused the applicant to become unlawful.
Compelling Reasons for Granting the Subclass 820 Visa
Compelling reasons for granting the visa may include compassionate factors or circumstances beyond the applicant’s control, such as family or personal situations. These reasons must be morally necessary, though “compelling” is not explicitly defined in migration legislation.
Other Requirements for Subclass 820 Visa
The applicant must have complied with visa conditions and would have been entitled to the visa had they applied before becoming unlawful.
The Subclass 820 Partner Visa enables the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia temporarily. It is a critical step toward securing the permanent Subclass 801 Partner Visa, which provides long-term residency in Australia.
Eligibility Criteria for Subclass 820 Partner Visa
To qualify for the Subclass 820 Partner Visa, applicants must meet the following requirements:
- Be in a genuine and ongoing relationship with their sponsor.
- Be present in Australia at the time of application.
- Satisfy health and character checks as mandated by the Australian Department of Home Affairs.
- Provide comprehensive evidence of their relationship, including joint financial records, cohabitation proof, and supporting statements from friends or family.
Key Features of Subclass 820 Partner Visa
This visa allows applicants to:
- Reside in Australia while awaiting a decision on their permanent partner visa.
- Work and study without restrictions.
- Access Medicare, Australia’s public healthcare system.
- Travel freely in and out of the country while the visa remains valid.
Steps to Apply for Subclass 820 Partner Visa
Prepare the Necessary Documentation
Applicants must submit the following documents:
- Identification proofs such as passports and birth certificates.
- Evidence supporting the relationship, including shared financial accounts, joint lease agreements, or photographs.
- Police clearance certificates.
- Completed visa application forms through the ImmiAccount portal.
Submit Your Application
The application must be lodged online. It is crucial to ensure all required documents are included to avoid delays.
Complete Health and Character Checks
Applicants will be required to undergo a medical examination and provide biometric data if requested.
Await the Visa Decision
Processing times can vary. During this period, applicants may remain in Australia on a bridging visa.
Transition to Permanent Residency
The Subclass 820 visa serves as a pathway to the Subclass 801 Partner Visa. Once granted, the Subclass 801 allows for permanent residency in Australia. Learn more about the Subclass 801 Partner Visa.
Alternative Partner Visa Options
If your partner resides outside Australia, the Subclass 309 Partner Visa is a suitable option. This temporary visa leads to the Subclass 100 Partner Visa for permanent residency. Couples planning to marry might explore the Prospective Marriage Subclass 300 Visa, designed specifically for fiancé(e)s of Australian citizens or permanent residents.
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Navigating Australia’s visa process can be challenging, but our expert consultants are here to simplify every step. With personalized guidance, we help you prepare a strong application, ensuring your journey to living with your partner in Australia is as seamless as possible.
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Take the first step toward your future together. Contact Aussie Migration Services today for professional advice and support with your Subclass 820 Partner Visa application.
Frequently Asked Questions
The Subclass 820 Partner Visa is a temporary visa that allows the partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia. It’s the first step toward obtaining the permanent Partner Visa (Subclass 801).
Eligibility requirements include being in a genuine relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. You must also be physically in Australia at the time of application.
Commonly required documents include proof of identity, relationship evidence (such as shared finances, joint bank statements, and shared household responsibilities), and police checks. Additional documents may be required based on individual circumstances.
Processing times can vary, but on average, the Subclass 820 visa takes around 18-24 months for approval. However, wait times can vary based on individual cases and application completeness.
Yes, once granted, the Subclass 820 Partner Visa allows you to work in Australia. You also have access to Medicare, Australia’s public healthcare system.
Yes, applicants must be physically in Australia at the time they apply and also when the Subclass 820 visa is granted.
Yes, eligible dependent children can be included in your Subclass 820 Partner Visa application, allowing them to stay with you in Australia.
The Subclass 820 is a temporary visa, while the Subclass 801 is the permanent visa. The 820 visa is granted first, and after a two-year waiting period, you may become eligible to apply for the Subclass 801 visa.
The cost varies depending on individual circumstances. It’s best to consult directly with a migration agent or refer to the official Australian immigration website for the latest fee information.
Yes, you can travel outside of Australia while on a Subclass 820 Visa. However, you should inform the immigration authorities if you plan to be outside of Australia for an extended period.
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