PARTNER VISA AUSTRALIA
820 Visa – Temporary Partner Visa Requirements 2024
What is an 820 Visa?
820 Visa is the onshore temporary Partner Visa, which later will bring you to Australian Permanent Residency with 801 Visa. 820 Visa is your definite answer if you’re currently in Australia and want to live with your Australian spouse or de facto partner. And in this post, we will guide you through the Partner Visa 820 process, requirements, processing time, cost, checklist and other important details before submitting the application.
Are you eligible for the 820 Visa?
To be eligible, you must meet the following Partner Visa 820 requirements:
- You must be at least 18 to be married or to be in a de facto relationship under Australian law.
- You must be married or in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen.
- You must provide a valid marriage certificate as proof of marriage.
- You must have been living together for at least 12 months with your partner or have registered your relationship with an Australian authority if you’re in a de facto relationship.
- You must have a sponsor, who is usually your partner.
- You must be in Australia when you apply.
- You must hold a temporary visa e.g. visitor visa, student visa or working holiday visa without “NO FURTHER STAY CONDITION” imposed on your visa
- You must not have a visa cancelled or an application refused while you were in Australia
- You must not hold certain regional visas or you must waiting for at least 2-3 years before you apply if you are the holder of certain regional visas
- You must meet the health and character requirements.
- You must not have any debt to the Australian Government. If you or any family members owe the Australian government money, you or they must have paid or arranged to pay it back.
- The Department might not grant this visa if it is not in the best interests of an applicant under 18.
Does Your Sponsor Qualify?
Your partner can sponsor you an 820 Visa as long as:
- They are either an Australian citizen or Australian permanent resident or eligible New Zealand citizen
- They did not sponsor any partners for a Partner Visa or Prospective Marriage Visa in the last 5 years;
- They were not granted a Partner Visa or Prospective Marriage Visa in the last 5 years;
- They were not convicted for relevant offences or have significant criminal records.
Can Boyfriend or Girlfriend Be Considered as De Facto Partner?
It depends. If you have lived with your boyfriend or girlfriend on the same roof for at least 12 months, then your boyfriend or girlfriend can be considered as your de facto partner.
But if you’re dating your Australian boyfriend casually, then you can’t claim him as your de facto partner and you can’t lodge 820 Visa with him.
If certain conditions hinder you from living with your Australian boyfriend or girlfriend, like the law in your home country does not legalise a de facto relationship, consider registering your relationship to the state where your boyfriend or girlfriend resides.
Partner Visa 820 Five Steps Application Process
Check your eligibility for the visa
The first thing you need to do is to check if you have met all requirements for Partner Visa 820.
Be noted that failure in meeting the Partner Visa 820 requirements will lead you to refusal. We can help you to check whether you’ve met the eligibility.
Gather your documents for 820 Visa application
Once you have met all the criteria and requirements, you need to start preparing documents and applying for a Partner visa (subclass 820).
Note that the required documents for marriage based and de facto relationship based Partner Visa (subclass 820) is different.
Submit 820 Visa application
Once you’ve gathered all documents, you can submit your 820 Visa application through the online portal, IMMI Account.
Don’t forget to submit the sponsorship application too. You can use the same IMMI Account for sponsorship application.
Wait for the decision
The processing time varies, depending on each case.
You will be automatically granted a Bridging Visa A and it will come into affect once your substantive visa expires.
You can work or study in Australia while waiting for the decision. And don’t forget to keep uploading the evidence of your relationship regularly.
820 Visa outcome
The Department of Home Affairs will notify you in writing whether they grant or refuse your 820 Visa application.
If your 820 Visa is granted, you can continue living in Australia legally until the decision for your 801 Visa application is made.
But, if your 820 Visa is refused, you’re most likely required to leave the country.
Why is sponsorship application mandatory?
The Sponsorship application is mandatory to assess your partner’s eligibility for sponsorship. The Department of Home Affairs requires you to lodge an online application for the sponsorship through IMMI Account.
If the Department of Home Affairs found your partner did not meet any of the requirements, like your sponsor was convicted for relevant offences or has a significant criminal record, the chance of sponsorship approval will be low. Unless compelling or compassionate circumstances are in place.
What happens after you lodge the 820 Visa application?
You will be granted a Bridging Visa A automatically. The Bridging Visa A allows you to live in Australia legally while waiting for the decision of your 820 Visa application.
The Bridging Visa A will become active when your substantive visa expires. The BridgingVisa A also gives you a permit to work and study full time.
But, if you don’t hold any substantive visa when lodging the 820 Visa, you will either be granted a Bridging Visa C or Bridging Visa E. Both of these Bridging Visas usually don’t have a work permit, so if you need to work in Australia, you must request for it.
We can assist you with your 820 visa application and the sponsorship if any of the above situations apply to you, and we have a 98% success rate for complex cases.
Partner Visa (subclass 820) Checklist
The document checklist for Partner Visa (subclass 820) is differ for the applicant, sponsor and to evident the relationship:
- Partner Visa 820 checklist for applicant:
- Identity documents;
- police clearance from home country
- police clearance from other countries where the applicant has lived for 12 months or more;
- evidence of current substantive visa;
- evidence of citizenship status at home country;
- passport-sized photograph
- Partner Visa 820 checklist for sponsor:
- Identity documents;
- Australian Federal Police Certificate;
- Police certificate from other countries where the sponsor has lived for 12 months or more;
- evidence of status as a citizen or permanent resident or eligible New Zealand citizen;
- passport-sized photograph.
- Partner Visa 820 checklist to evident the relationship:
- financial aspect – i.e.joint bank account, evidence of income, etc.
- household aspect – i.e. joint utility bills, joint rent agreement, etc.
- social aspect – i.e. photos with family or friends, documentation of joint travel, documentation of joint social events, etc.
- commitment to the relationship – i.e. marriage certificate, evidence of de facto relationship, etc.
Find the complete Partner Visa 820 Checklist: Document Checklist For Australian Spouse Visa 2024
How Long is the Processing Time?
The processing time for a Partner Visa 820 is 11 to 44 months. But, it might take a longer time to process if you fill the application incorrectly or you don’t include all the documents that are needed.
The processing time for Partner Visa 820 also changes regularly depending on the application backlog. So, it’s best to check the processing time regularly through link below:
So, how long does it take to get Partner Visa 820 and Partner Visa 801?
As mentioned above, the processing time for Partner Visa 820 or de facto visa might take 11 to 44 months to be processed. Meanwhile, the processing time for 801 Visa is around 9 to 19 months.
If we take the shortest processing time, it might take at least 3 years to get both Partner Visa 820 and Partner Visa 801. But the processing time for Partner Visa 820 might take longer depending on your case complexity or if you provided sufficient documents.
Can I get the 820 Visa and 801 Visa at the same time?
It’s possible in certain cases only. Generally, if you’re in a long and committed relationship, the Department of Home Affairs may grant you the 820 Visa and 801 Visa at the same time.
For example, you have been married to your Australian spouse for more than 3 years, or you have been in a de facto relationship for more than 2 years and have a child with your partner.
Partner Visa 820 Cost 2023
As of July 2023, the cost for Partner Visa 820 is:
- AUD 8,850 for the main applicant.
- AUD 4,430 for an additional applicant above 18 years of age; and
- AUD 2,215 for an additional applicant under 18 years of age.
The cost covers both temporary Partner Visa 820 and permanent Partner Visa 801.
But if you hold a Prospective Marriage Visa (subclass 300), the Partner Visa 820 cost would be AUD 1,870 for the main applicant
Please be noted that the Partner Visa 820 cost might increase in July every year.
What are the Benefits of Holding the 820 Visa?
Once your Partner Visa (subclass 820) is granted, you can stay legally in Australia until you’re notified to lodge and grant the 801 Visa. Apart from that, you will receive the following benefits:
- Stay in Australia until your permanent partner visa (subclass 801) is granted.
- Work and study in Australia without limitation.
- Travel to and from Australia as many times as you want.
- Enrol in Australia’s public healthcare scheme, Medicare.
Can I include my family members?
Yes, you can include family members in your 820 Visa application when you apply. But, note that you can only add your biological or adoptive or step children as additional applicants. And they must be in Australia.
Family members who apply for the visa must meet the health and character requirements.
What is the Difference between 820 Visa and 309 Visa?
Both 820 Visa and 309 Visa are temporary Partner Visa. But, 820 Visa is an onshore application, so you’re required to be in Australia when submitting the application. Meanwhile, 309 Visa is an offshore application, so you’re required to be outside Australia when submitting the application.
Thankfully, the recent update from the Department of Home Affairs provides flexible requirements that you can be in or outside Australia to receive the outcome of your 820 Visa or 309 Visa application.
Can an 820 Visa get refused?
It’s possible to get your 820 visa application refused if you are unable to demonstrate that you and your partner are still in a genuine and continuing relationship. Or that you unable to meet the other requirements, such as health or character requirements.
What if your 820 gets refused?
You will have an option to submit a review application to the Administrative Appeals Tribunal. You must pay for another AAT fee, which is AUD 3,374. The process is quite long and complex. The important thing to do is to prove that the decision was incorrectly made, and that you are in a genuine relationship with your partner.
Can your partner cancel their sponsorship?
Yes, they can. Your partner has the right to cancel the sponsorship whether during the process of your 820 Visa application or after your 820 Visa application has been granted.
In some cases, the 820 Visa application must be withdrawn or canceled, but that is not always necessary. Either you or your partner – as the sponsor – can withdraw the application request to cancel the visa by writing a letter to the Department that includes: their full name and date of birth.
820 Visa Frequently Asked Questions
ONE derland Consulting managing director and also registered migration agent, Indah Melindasari, B.Com (MARN 0961 448) is here to answer your questions relating to Partner Visa 820!
- Do Partner Visa 820 and Partner Visa 801 have different checklist?
- The checklist for Partner Visa 820 and Partner Visa 801 are the same. You are only required to provide the most updated documents in your Partner Visa 801 application, to prove that your relationship is continuing and genuine after the grant of your Partner Visa 820.
- Can I apply for a Partner visa onshore if there is “No Further Stay” condition on my visa?
- A ‘No Further Stay’ condition is a condition that prevents the visa holder from applying for any visas while they are in Australia.
- You need to waive this first should you wish to apply for any onshore visa.
- If the No Further Stay condition is waived, you can apply for another visa without having to leave Australia. So, once this condition is waived, you are able to apply for Partner Visa onshore.
- I have lived with my partner for less than 12 months, can I apply for a Partner visa based on de facto relationship?
- The requirements for applying the de facto relationship is you must live together with your partner for a minimum of 12 months.
- If you live with your partner less than 12 months, you can’t apply under the de facto relationship.
- What happens if my partner and I break up and our relationship is over while the visa application is still processing?
- If the relationship between applicant and sponsor is over, it is the responsibility of both the applicant and sponsor to advise the Department of home affairs immediately.
- The visa will be cancelled and the applicant will be granted a bridging visa either to make arrangements to depart Australia or arrange to apply for another visa type.
- What if I am still married to someone else? Can I still sponsor my partner under a partner visa onshore?
- You would need to check again the eligibility of the partner visa onshore.
- If you have met the requirements, you need to finalise all the paperwork showing that your previous relationship has ended.
- You can’t apply for the partner visa unless you can provide related documents, such as separation documents or a divorced certificate.
- Can I apply for a partner visa onshore if I have overstayed my visa?
- If you have met the eligibility as mentioned previously and you have compelling reasons, then the answer is yes.
- If you are onshore, you may look into lodging the partner visa onshore, however, Schedule 3 criteria will apply and you need to get this waived.
- If you are in a long-term relationship with an Australian citizen, you may be eligible to apply for the onshore partner visa but there may be some regulations and restrictions to look at to double-check your eligibility.
- Can I apply Australia spouse visa subclass 820 while I am offshore?
- Unfortunately, no. This Australia spouse visa subclass 820 or de facto visa is designed to apply from inside Australia.
- Therefore, you would need to be onshore when you apply and when the Department gives you the decision.
- If you would like to apply for offshore, you may consider to apply the visa subclass 309.
Quick Links Related To Subclass 820 Visa
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Permanent Partner Visa
