The Partner Visa 820 assists partners of Australian citizens and residents to migrate to Australia.
We aim to provide Australian Immigration advice and assistance without discrimination on any grounds whatsoever.
The 820 visa allows the spouse or de facto partner of an Australian permanent resident, Australian citizen, or eligible New Zealand citizen to stay in Australia temporarily. Grant of this visa is the first step to a permanent Partner visa (subclass 801). It must be 2 years since you applied for the combined 820 visa and 801 visa, before you can be assessed for the permanent visa. You must be in Australia when you apply for this visa.
The visa holders are permitted to work anywhere across Australia.
If you have children, you can include them in your application either at the time of submitting or before a decision is made on your temporary visa. To add a child after receiving the visa, you must lodge a 'Subclass 445 Dependent Child Visa'.
Subclass 820 spouse visa processing time for the Standard Stream: 50% of applications in 20 months, 90% in 25 months.
For Pacific Region Country Passport Holders: Federated States of Micronesia, Nauru, Fiji, Kiribati, Palau, Republic of the Marshall Islands, Solomon Islands, Samoa, Timor‑Leste, Tonga, Tuvalu, Vanuatu, Papua New Guinea the Base application charge for subclass 820 visa fees is A$9,600; Additional applicant charge for an applicant aged 18 or over: A$4,805; Additional applicant charge for an applicant under 18: A$2,405.
For all other applicants, the Base application charge for subclass 820 visa fees is A$11,710; Additional applicant charge for an applicant aged 18 or over: A$5,860; Additional applicant charge for an applicant under 18: A$2,935.
Partner Subclass 820 Visa and Partner Subclass 801 Visa application fees are paid together at the same time.
The extension of this Australian 820 visa is not required, as you can remain in Australia until your Permanent Partner (Migrant) visa (subclass 801) is decided or the application is withdrawn.
Schedule 3 of the Migration Regulations 1994 sets out additional criteria for most visa applicants who are in Australia and, at the time of application, are unlawful non-citizens 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 to persons who entered Australia unlawfully, that is, without a visa, since 1-09-1994.
Applicant will need to meet two requirements:
Causation is central. It is not sufficient that factors beyond the applicant’s control 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 in light of all the relevant circumstances of the applicant. The test is whether the Schedule 3 criteria apply to the applicant because of circumstances that were “external” to the applicant and over which the applicant 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 Australian migration legislation and should be given its ordinary dictionary meaning: “brought about by moral necessity”. Compelling reasons may stem from compassionate factors or arise, for example, from the applicant’s circumstances or those 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 before losing a substantive visa.
You must be either the spouse or de facto partner of an Australian citizen, Australian permanent resident, or an Eligible New Zealand citizen. Your relationship can be with someone of the different or same sex.
To meet the de facto relationship requirement 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.
To meet the relationship requirement by marriage, you and your spouse must both be committed to a shared life together, excluding all others; your relationship with your spouse must be genuine and ongoing; you must live with your spouse or not live apart permanently; and your marriage must be valid under Australian law.
The time spent dating or in an online relationship might not count as being in a de facto relationship. Detailed documentary evidence is required by the Partner visa 820 checklist.
This form must be completed by a person who: knows the visa applicant and their partner or fiancé; knows 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 cannot have an Australian citizen or Australian permanent resident complete this form, any person who knows the applicant and their partner or fiancé 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. Home Affairs will use the information provided in this form, among other things, to assess these aspects.
Once granted a Partner visa 820, an Australia holder can live, study and work with their partner in Australia.
Visa Subclass 820 is the first stage of a two-stage permanent process. Once the visa holder meets the eligibility criteria for Subclass 801, they can become a permanent resident in Australia.
The 820 visa allows a de facto partner or spouse of an Australian citizen or permanent resident, or an eligible New Zealand citizen, to live temporarily in Australia with their partner.
Yes, you can travel overseas and return to Australia as a holder of an 820 visa.
You should plan for approximately 6–24 months, depending on your circumstances.
A holder of the 820 visa subclass cannot 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 partner subclass 820 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 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.
