Partner Visa 820 assists partners of Australian citizens and residents to migrate to Australia.
Statement of Faith: We aim to provide Australian Immigration advice and assistance without discrimination on any grounds whatsoever.
This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen stay in Australia temporarily. Getting this visa is the first step towards a permanent residence Partner visa (subclass 801). Usually, 2 years must have passed since you applied for the combined visa 820 and 801 for you to be assessed for the permanent visa. You must be inside Australia when you apply for this visa.
The 820 visa holders have full work rights to work anywhere in Australia.
If you have children, they can also be included in your application at the time of application, or before a decision is made on temporary visa application. If you want to add a child after you have been granted this visa then you will need to lodge 'Subclass 445 Dependent Child Visa'.
The extension of this Australian 820 visa is not required as you can stay in Australia until your Permanent Partner (Migrant) visa (subclass 801) is decided or that application is withdrawn.
You pay A$9,095 for 'Partner Subclass 820 Visa' and 'Partner Subclass 801 Visa' application together at the same time. All applicants must pay Partner visa 820 cost at the time of lodgement.
Subclass 820 spouse visa processing time for Standard Stream: 50% of applications in 9 Months, 90% of applications in 14 months. However, individual Partner visa 820 processing time may vary.
Schedule 3 of the Migration Regulations 1994 specifies additional criteria for most visa applicants who are in Australia, and at time of application are an unlawful non-citizen or hold only a bridging visa.
This applies to persons who have ceased to hold a substantive or criminal justice visa since 1 September 1994, and persons who entered Australia unlawfully that is, without a visa, since 1-09-1994.
- Encourage non-citizens who have a legitimate basis for remaining in Australia to apply for a further visa before their current substantive visa ceases.
- Discourage non-citizens from remaining in Australia beyond the period of effect of their substantive visa.
- Prevent non-citizens from benefiting by remaining in Australia unlawfully, by possibly acquiring visa eligibility while remaining here without lawful permission.
Two requirements must be satisfied: there must be factors that caused the applicant to become an illegal entrant or a person without a substantive visa, and those factors must have been beyond the applicant’s control. The element of causation is important. It is not sufficient that factors beyond the control of the applicant existed. Those factors must have caused the applicant to become an illegal entrant or a person without a substantive visa. The phrase ‘factors beyond the applicant’s control’ is to be given its natural meaning and considered against all relevant circumstances of the applicant. The test is whether the applicant became a person to whom Schedule 3 criteria applies because of circumstances that were “external” to the applicant and over which they had no control. In some instances, an applicant’s lack of awareness may, however, be attributable to a circumstance over which the applicant had no control.
‘Compelling’ is not defined in migration legislation and should be given its normal dictionary meaning: “brought about by moral necessity”. Compelling reasons may stem from compassionate factors or may arise, for example, from the applicant’s circumstances or the circumstances of another person. Circumstances beyond the applicant’s control may also constitute compelling reasons for granting the visa.
The applicant must have substantially complied with visa conditions, and would have been entitled to be granted the visa had they applied for it immediately before becoming unlawful or without a substantive visa.
You must be either the spouse or de facto partner of an Australian citizen, Australian permanent resident or Eligible New Zealand. Your relationship can be with someone of same or different sex.
To meet the relationship requirement by marriage you and your spouse must both be committed to a shared life together to the exclusion of all others, your relationship with your spouse must be genuine and continuing, you must live with your spouse or do not live apart on a permanent basis and your marriage must be valid under Australian law.
To meet the relationship requirement by de facto relationship of over 12 months you and your spouse must not be married, you are committed to a shared life to the exclusion of all others, your relationship is genuine and continuing, you live together or do not live separately and apart on a permanent basis and you are not related by family.
The 12-month requirement also will not apply if your partner holds or held a permanent humanitarian visa, and your de facto relationship existed before they were granted their visa, and your de facto partner told 'Home Affairs' about the relationship before the visa was granted.
The 12-month requirement will not apply if you are in a de facto relationship with a partner who is an applicant for a permanent humanitarian visa.
The 12-month requirement will not apply if you have registered your relationship with an Australian authority such as a registry of births, deaths and marriages.
The time spent dating or in an online relationship might not count as being in a de facto relationship. Detailed documentary evidence is prescribed in Partner visa 820 checklist.
This form must be completed by a person who: knows the visa applicant and their partner or fiancé; and the history of their relationship; is at least 18 years of age; and is an Australian citizen or Australian permanent resident. If the visa applicant is outside Australia and is unable to have an Australian citizen or Australian permanent resident complete this form, any person who knows the applicant and their partner or fiance may also complete this form. When assessing a Partner or Prospective Marriage visa application, the Department of Home Affairs (Home Affairs) must consider the social aspects of the claimed relationship. The Home Affairs will use the information provided in this form, among other things, to assess these aspects.
Once granted Partner visa 820 Australia holder can live, study and work with their partner in Australia.
Visa Subclass 820 is stage 1 visa towards two stage permanent process. Once visa holder meets the eligibility criteria for subclass 801, they can become permanent resident in Australia.
Visa 820 allows a de facto partner or spouse of a Australian citizen or Permamnent resident, or eligible New Zealand citizens to live temporarily in Australia with their partner.
Yes you can travel overseas and return to Australia as holder of 820 visa.
You should plan around 6 - 24 months approximately depending on your circumstances.
820 visa subclass holder can not apply for centrelink.
Yes, you can apply for Medicare.
The subclass 309 visa allows the partner or spouse of an Australian citizen, Australian permanent resident or an eligible New Zealand citizen to live in Australia. You apply for the Partner (Temporary) Subclass 309 Visa and Partner (Permanent) Subclass 100 visa together. You must be outside Australia when you apply for this visa.
This subclass 100 visa allows the partner or spouse of an Australian citizen, Australian permanent resident or an eligible New Zealand citizen to live in Australia. You apply for the Partner (Temporary) Subclass 309 and Partner (Permanent) Subclass 100 visas together. You must be outside Australia when you apply for this visa.
This subclass 801 visa allows the partner or spouse of an Australian citizen, Australian permanent resident or an eligible New Zealand citizen to live in Australia. You apply for the Partner (Temporary) Subclass 820 visa and Partner (Permanent) Subclass 801 visa together. You must be inside Australia when you apply for this visa.
This prospective marriage subclass 300 visa allows the partner or spouse of an Australian citizen, Australian permanent resident or an eligible New Zealand citizen to join their Australian citizen, Australian permanent resident or an eligible New Zealand citizen partner in Australia. This visa is applied by applicant's who are outside Australia at the time of application.
This subclass 461 visa lets a spouse or partner or a member of the family unit of New Zealand Citizen who is resident in Australia, to live with their partner in Australia.
We acknowledge the traditional custodians of country throughout Australia and their continuing connection to land, sea and community. We pay our respects to all Aboriginal and Torres Strait Islander peoples, their cultures; and to their Elders of past and present.
We are independent consulting entities which are not associated in any way with the Australian ‘Department of Home Affairs’ (DOHA). Information on this website does not constitute personal migration advice. For a customized migration advice based on your personal circumstances, please call and talk to one of our Immigration Consultants or register your interest with our Associates.
