Australia Spouse or De facto Visa Subclass 820 Requirements
- You must be married or in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen.
- If you apply based on marriage, you must provide a valid marriage certificate as proof of marriage.
- If you apply based on the de facto relationship, you must have been living together for at least 12 months with your partner or have registered your relationship with an Australian authority such as a registry of births, deaths and marriages.
- Have a sponsor who is usually your partner.
- You must hold a temporary visa e.g. visitor visa, student visa or working holiday visa.
- There is no “NO FURTHER STAY” condition on your current visa unless the condition has been waived.
- Meet health and character requirements.
Partner Visa 820 or de facto visa Application Process
The visa 820 or de facto visa is an onshore application, meaning you should be in Australia when you apply for this visa and when the decision is being made.
Once you are granted this visa you can stay temporarily in Australia until you are eligible to be assessed for a Stage 2 Partner visa (subclass 801).
Usually, you can apply for a Stage 2 Partner two years after you have lodged your Stage 1 Partner visa stage.
You have to ensure that you hold a temporary visa and there is no “no further stay” condition on your visa in order for you to apply for this visa and you have to apply for this visa before your temporary visa expires.
If you have overstayed your visa, or you have a visa cancelled or refused while you were in Australia, do not delay and contact our agency for more information.
Partner Visa 820 Processing Time
As per August 2021, the processing time for a visa 820 is 24 to 31 months, but it might take a longer time to process if you fill it in incorrectly or you don’t include all the documents that are needed.
The processing time might change based on the situation in Australia.
Partner Visa Subclass 820 Application Cost
As per August 2021, the Australia spouse visa or visa 820 charge is AUD 7,850 for the main applicant. This fee covers this temporary visa and the Permanent Partner visa (subclass 801). There is also a charge for each family member who applies for the visa with you.
Please be noted that the visa fee for visa 820might increase in July every year.
What you can do on Visa 820?
Once your visa 820 or Australia spouse visa is granted, you can stay temporarily in Australia until your partner visa stage 2 decision is being made. You must obey all Australian laws and this visa allows you to:
- Stay in Australia until your permanent partner visa (subclass 801) is granted.
- Work and study in Australia.
- Travel to and from Australia as many times you want.
- Enrol in Australia’s public healthcare scheme, Medicare.
It is important for you to have a clear understanding of visa 820 requirements first before applying for an Australia spouse visa or visa 820. An incomplete visa 820 application may lead to a refusal and time lost due to the processing delay. It is best to seek the help of a registered migration agent when applying for an Australia spouse visa or visa 820.
Differences between Partner Visa 820 and Partner Visa 801
We can see a clear difference between Partner Visa 820 and Partner Visa 801. Partner Visa 820 is a temporary visa, meaning this visa has expiration date. Meanwhile, Partner Visa 801 is a permanent visa, meaning you can live in Australia with your partner indefinitely.
Partner Visa 820 usually valid since the grant date until the Department assess your Partner Visa 801 application or until Partner Visa 820 is withdrawn. The validity period for most applicants are around 15 to 24 months.
How long does it take to get Partner Visa 820 and Partner Visa 801?
As per information mentioned above, Partner Visa 820 or de facto visa might take 24 until 31 months to be processed. Therefore, it might take more or less than 2 years to assess your spouse or de facto visa (subclass 820).
After that, you would need to wait for another 2 years until the Department notify you to process your Partner Visa 801 application. The Department might process your Partner Visa 801 application around 12 until 20 months.
In conclusion, it might take around 5 years to get your spouse or de facto visa (subclass 820 and 801).
The processing time of Partner Visa 820 and Partner Visa 801 might be different for each applicant as the applicant’s circumstances also affect the assessment process of Partner Visa 820 and Partner Visa 801.
What happens after your partner visa 820 granted?
Should you partner visa 820 or Australia spouse visa is granted, you need to wait for two years to be invited by the Department for the permanent visa (subclass 801) assessment. While waiting for the notification from the Department, you can work or study in Australia under your visa 820.
Additionally, the important thing that you need to do is compiling all documents that showing your relationship with your partner is still genuine and continuing since the grant of your Partner visa 820.
Can boyfriend be considered as a de facto partner?
Some of you might be not familiar with the term of de facto relationship or de facto partner. De facto partner refers to your partner who lives together with you in one roof. It means you must be living together with your partner to claim the de facto relationship.
In this case, if you have an Australian boyfriend and you live together with him, you can claim your boyfriend as your de facto partner, then you may be eligible to apply for a de facto visa (subclass 820).
As per information above, if you wish to apply for de facto visa (subclass 820), you must be in a de facto relationship with your partner for at least 12 months. It means, you must be living together with your partner for at least 12 months to apply for de facto visa (subclass 820) on the basis of de facto relationship.
Frequently Asked Questions Regarding Subclass 820 Visa or De Facto Visa
ONEderland Consulting managing director and also registered migration agent, Indah Melindasari, B.Com (MARN 0961 448) is here to answer your Partner Visa 820 questions!
- How do I know if I am eligible to apply for a Partner visa onshore?
- You will be eligible to apply for a partner visa onshore subclass 820 and 801 if your partner is an Australian citizen, permanent resident or eligible New Zealand citizen, and your partner should be your sponsor.
- You are holding a valid visa at the time you apply for this visa.
- You and your partner are already married or living together at least 12 months, and meet health and character requirements.
- 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 have broken 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 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.
- How much the visa fee for this Australia spouse visa subclass 820 application?
- The visa fee for the main applicant is AUD 7,715.
- The fee for additional applicant over 18 years old is AUD 3,860 while the additional applicant under 18 years old is AUD 1,935. If you hold visa 300 (Prospective Marriage), the visa fee for the main applicant is AUD 1,285.
- How long it take to process my applications?
- Visa subclass 820 will take time between 22 – 27 months and visa subclass 801 processing time is between 13 – 20 months.
- It depends on each person’s circumstances. If you don’t fill the information correctly, the processing time might be longer.
- Can I include my family members?
- Yes, you can include family members in your application when you apply.
- Family members who apply for the visa must meet our health and character requirements.
- 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.
- Will I get the bridging visa after I apply the visa onshore?
- If you apply the onshore partner visa, before your substantive visa cease, you will be granted the Bridging Visa A.
- This BVA will be your valid visa while waiting the decision of the partner visa.
- Usually, this BVE will allow you to work and study in Australia.
Partner Visa 820 Six Steps Process
Check your eligibility for the visa
The first thing you need to do before you apply for a Partner visa subclass 820 and 801 is check your eligibility.
You need to make sure you have met all the criteria and requirements for this Australia spouse visa.
Apply for Temporary Partner visa subclass 820
Once you have met all the criteria and requirements, you need to start preparing documents and applying for a Partner visa subclass 820 or de facto visa.
You can lodge the visa online through an IMMI account and provide evidence of your relationship on a regular basis.
Grant temporary Partner visa subclass 820
The processing time varies, depending on each case.
Once your temporary Partner visa subclass 820 is granted, you may stay in Australia until your permanent Partner visa subclass 801 is granted.
Apply for Permanent Partner visa subclass 801
You may be eligible to apply for a permanent Partner visa 2 years after the submitted date of your temporary Partner.
You will receive an email from the Immigration to lodge your permanent Partner visa. There’s no fee involved for this application.
Supply additional documents 2 years after the processing of your Partner visa subclass 820
You should submit all documents required for this stage after you submitted your permanent Partner visa application.
You need to provide all the documents showing your relationship is still genuine and continuing since the grant of your temporary Australia spouse visa.
Grant permanent Partner visa subclass 801
Once your permanent Partner visa is granted, you become a permanent resident and can live in Australia indefinitely.
You can travel to and from Australia as many times as you want for 5 years from the date of your visa grant.