Partner visa (temporary)- subclass 820

The objective of this fact sheet is to provide you with a general overview of the subclass 820 visa and the issues you’ll have to deal with if you decide to apply for one. It concentrates on the more typical scenarios that onshore partner visa applicants face, and as a result, it does not cover all possible possibilities or scenarios. It’s also beyond the scope of this talk to present a comprehensive list of all relevant aspects to consider.

We strongly advise that if you are considering applying for a temporary partner visa under subclass 820, you conduct additional research to ensure that you are fully informed about your eligibility, the application process, and the documentary evidence requirements before submitting your application. This will increase your chances of a favourable conclusion and help you avoid excessive processing delays or visa rejection. You also prevent the loss of valuable time and money that comes with a visa refusal decision if you do it correctly the first time.

The procedure for applying for a partner visa onshore

Applicants who are married to or in a de facto relationship with an Australian citizen or permanent resident, or an eligible New Zealand citizen, are eligible for the subclass 820 visa. It is necessary for your Australian partner to sponsor your visa application. If your application is approved, you will be able to live in Australia with your Australian partner for a limited time.

The application has a two-step procedure and operates as follows:

To apply for a subclass 820/801 visa, you must first submit a joint application. The subclass 801 visa is a visa for permanent residency.

You will be needed to present documentation to Immigration to prove that you continue to meet the visa grant requirements after two years have passed since you submitted your application. If you stay married or in a de-facto relationship with your Australian partner, this will be a major factor.

Is it possible for you to apply for a subclass 820 visa?

Before submitting your subclass 820/801 visa application, you must first check that you meet the visa grant requirements. These requirements are outlined in the table below.

What is your visa status?

Another important thing to consider before submitting your application is your visa status at the time of submission and whether it meets the requirements. Because the application must be submitted while you are in Australia, this is a key factor for the subclass 820/801. (i.e. it is an onshore application).

In most circumstances, the rules state that you must have a valid visa at the time of filing. A substantive visa is any visa that is not a bridging visa.

If you don’t have a valid visa, you may still be able to apply if you match the Schedule 3 requirements. It’s vital to remember that achieving schedule 3 requirements necessitates passing a “high threshold” test and, in most cases, extraordinary circumstances that are compelling in nature must exist in order for this condition to be met. This is especially true if your application is submitted more than 28 days after you last had a substantive visa. Having to comply with Schedule 3 is a difficult task, and it must be approached with caution whenever it arises.

As a result, if you find yourself in this scenario, we strongly advise you to obtain expert assistance from a migration agent or an immigration lawyer before submitting your application. This will guarantee that you are well aware of what this implies for you and how it may affect your application.

How do you apply for a visa in the category 820?

Once you’ve determined that you meet the partner visa’s visa grant conditions, the next step is to make sure you apply correctly and in compliance with visa lodgement regulations.

It’s critical to get things right when it comes to things like where you are at the time of filing and how you apply. If you fail to comply with the conditions, your application will be considered invalid, and you will have to reapply (note that your situation may have changed by then, for example, your visa status, which may affect a subsequent application).

To demonstrate that you are eligible for a subclass 820/801 visa, you must apply onshore and submit the application online, together with appropriate papers addressing visa grant conditions.

You can also use the web portal to receive correspondence from the Department regarding your application and to notify the Department of changes in your circumstances, among other things. If you hire a migration agent or an immigration lawyer to handle your application, they will handle everything for you.

Using the same online method, your Australian partner must also submit a sponsorship form and any needed papers.

The following are examples of the kind of proof you’ll need to provide:

As previously said, documents must be produced to address each component of the partnership. The following documents are also required:

Where applicable, a marriage certificate or a relationship registration certificate