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.

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it allows you to remain in Australia until your permanent Partner Visa (Subclass 801) is granted or your application is withdrawn.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.

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.

Form 888 – Statutory Declaration for Supporting Witness

Form 888 must be completed by someone who knows the visa applicant and their partner or fiancé, is at least 18 years old, and is either an Australian citizen or permanent resident. If the applicant is outside Australia and cannot obtain an Australian witness, any person familiar with the relationship may complete this form. The Department of Home Affairs will use the information provided in Form 888 to assess the social aspects of the relationship.