Getting this visa is the first step towards a permanent Partner visa (subclass 801).
You might not be eligible for this visa if you have had a visa canceled or refused while you were in Australia. Check if visa cancellation affects your eligibility.
In most cases, you must be the spouse or de facto partner of an:
Your relationship can be with someone of the same or different sex.
You might still be eligible for the visa if your relationship breaks down or your sponsor dies while the Department is considering your application.
To be a married applicant:
To find out if your marriage is valid under Australian law, contact the relevant state or territory agency for births, deaths and marriages.
To be a de facto partner, you must be in a de facto relationship.
Usually, your de facto relationship must have existed for at least 12 months immediately before you apply for the visa.
Time spent dating or in an online relationship might not count as being in a de facto relationship.
When the 12-month requirement can be waived?
your partner holds or held a permanent humanitarian visa
your de facto relationship existed before the Department granted their visa
your de facto partner told us about the relationship before the Department granted their visa
Registration provides legal recognition as a couple under state law and as well as being beneficial for immigration purposes. Usual requirements include:
– Both partners must be 18 years old or over
– Must not be in a relationship as a couple with another person – in particular, they must not be married, in a de facto relationship, or in a registered relationship
– Must not be related by family.
Same-sex and different-sex couples can register their relationship.
You and anyone who applies for the visa with you must have a sponsor when you lodge your application and when you are on this visa.
Your sponsor is usually your partner.
The Department of Home Affairs must approve your sponsor. There are limitations on approval.
You can’t change your sponsor. The person who sponsors you when you apply for the visa must be the same person who sponsors you for 2 years after the Department grant your temporary 820 Partner visa.
Married applicants must usually, be 18 or older when they apply. This is because usually, you must be 18 or older to be married under Australian law.
Applicants in de facto relationships must be 18 or older when they apply.
You, and any members of the family unit or dependent child who applies for the visa with you, must meet the health requirement.
Family members who don’t accompany you to Australia might also need to meet the health requirements.
You, and any members of the family unit or dependent child who applies for the visa with you, must meet the character requirement.
If you or any family members (including those who don’t apply for the visa with you) owe the Australian government money, you or they must have paid it back or arranged to pay it back.
The Department of Home Affairs might not grant this visa if it is not in the best interests of an applicant under 18.
Notes on gather and provide documents:
If you can’t provide this, provide one of the following:
If you are married, provide your marriage certificate or other evidence that your marriage is valid in Australia. If you are a de facto partner, provide proof of your de facto relationship.
This proof should show that:
Show how you and your partner share financial matters. You could provide:
Show how you and your partner share domestic matters. You could provide:
Show evidence that others know about your relationship, such as
Show how you are committed to a long-term relationship with each other. You could provide:
In addition to documents proving your relationship, show you have been in your de facto relationship for at least 12 months before you applied for this visa.
If you haven’t been in the relationship for 12 months, tell the Department in writing why the 12-month requirement does not apply. For example:
If you have previously been married, widowed, divorced or permanently separated, provide:
The Department only accepts complete disclosure of National Police Certificates issued by the Australian Federal Police. They do not accept standard disclosure certificates or national police certificates issued by Australian state or territory police.
For every dependant under 18 years old who is applying with you provide:
You must get consent for any applicant under 18 years of age to migrate to Australia from anyone who:
They must complete either:
To include your child who is over 18 in your visa application, they must be:
If your child is likely to turn 23 while your application is being processed, you will need to provide evidence they are dependent on you due to disability. Provide:
If the child is aged 23 or is likely to turn 23 while your application is being processed, you must also provide a report from a qualified medical practitioner that states they are dependent on you or your partner due to the total or partial loss of their bodily or mental functions.
You must be in Australia when you lodge your application and when a decision is made on the temporary Partner visa (subclass 820).
You can be in or outside Australia when a decision is made on the permanent Partner visa (subclass 801).
If you are outside Australia when you want to lodge your application, consider either:
You can stay in Australia on a Bridging visa if you have already lodged your application.
You can stay on the visa until the Department decides your permanent visa (subclass 801) application.
For most applicants, this stay is from 15 to 24 months.
Applicants who have been in a long-term relationship before they apply might not have to stay on the subclass 820 visa at all. The Department might grant you the permanent visa immediately after they grant the temporary subclass 820 visa.
At the time you apply, you have been in a long-term relationship with your partner (3 years living together or have a child together and living together for 2 years).
You can include a dependent child or children in your application:
These dependants must:
You can also add a dependent child after the Department grants the temporary visa.
If you are granted the visa, your children will have the same rights and visa conditions as you.
Applicants who hold or have held a Prospective Marriage visa can also include a member of the family unit in their application. You can’t add these family members after you submit your application.
The cost covers this Temporary visa and the Permanent Partner visa (subclass 801).
There is also a fee for each family member that applies for the visa with you.
You might also have to pay other costs such as those for health checks, biometrics and police certificates.
75% of applications: 23 months
90% of applications: 28 months
Updated on 27 March 2020
Your application can take longer to process if:
The Department can’t process your application if you do not pay the correct visa application charge.
You and your family must meet all visa conditions and obey Australian laws.
To see what conditions you have, use VEVO.
Depending on your circumstances, you may be eligible to enroll in Australia’s public health care system, Medicare, while you await a decision on your visa application.
If you are not eligible for Medicare, it is recommended that you take out health insurance to cover any unforeseen medical treatment you might need in Australia. Otherwise, you will be personally liable for all your healthcare costs while you are in Australia. Insurance can help limit your financial liability.
Reciprocal healthcare agreements
Some countries have a reciprocal healthcare agreement with Australia. Find out more from Services Australia about reciprocal health care agreement.
Private health insurance
You can get Australian residents’ private health insurance if you have:
You can travel outside Australia as many times as you want.
The Department will digitally link your visa to your passport. You will not get a label on your passport.
You can stay until the Department makes a decision about your permanent Partner visa (subclass 801) or you withdraw that application.
To prove you have a visa and show your conditions to someone, use VEVO.
To prove you have been to Australia, request your international movement records by completing Form 1359 – Request for international movement records (280KB PDF).
As a newly arrived resident, you might have to wait to access certain Australian Government payments and benefits. Learn more about newly arrived residents’ waiting periods from Services Australia.
You can’t add family members to your visa application after the Department grants the Partner visa (Permanent) subclass 820.
If a dependent child needs a visa, apply for a Dependent child visa (subclass 445)
Find out what to do if you have a child while you hold this visa.
Things you need to let the Department know about include:
To get the permanent Partner visa (subclass 801), you must hold this subclass 820 visa. If you are granted any other visa, the new visa will replace your subclass 820 visa. This means you will not be eligible for the permanent Partner visa (subclass 801).
When the department assesses you for the permanent visa, you will need to show that, since you were granted your temporary Partner visa, you and your sponsor have continued to:
Find out more about the permanent Partner visa (subclass 801).
Your sponsorship ends two years after your partner is granted their Partner visa (subclass 820).
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