Subclass 820 Partner visa (temporary)

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• Subclass 820 Partner visa (temporary) – Overview
• Subclass 820 Partner visa (temporary) – Eligibility
• Subclass 820 Partner visa (temporary)-Checklists
•  Subclass 820 Partner visa (temporary) – Frequently Asked Questions
• Related

 

Subclass 820 Partner visa (temporary) – Overview:

This visa enables the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia temporarily.

Getting this visa is the first step towards a permanent Partner visa (subclass 801).

Subclass 820 Partner visa (temporary) – Eligibility

1. Current and previous visa

You must already hold another visa type, e.g. student visa, visitor visa, or working holiday visa which does not have an “8503 – No further stay” condition attached.

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.

        2. Relationship requirements

In most cases, you must be the spouse or de facto partner of an:

• Australian citizen
• Australian permanent resident or
• eligible New Zealand citizen

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.

2.1  Married

To be a married applicant:

• you and your spouse must both be committed to a shared life together to the exclusion of all others
• your relationship with your spouse must be genuine and continuing
• you must live with your spouse or do not live apart on a permanent basis
• your marriage must be valid under Australian law

To find out if your marriage is valid under Australian law, contact the relevant state or territory agency for births, deaths and marriages.

2.2  De facto

To be a de facto partner, you must be in a de facto relationship.

• you and your partner are in a de facto relationship if all these apply:
• you are not married to each other
• 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
• you are not related by family

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?

• The 12-month requirement will not apply if you can show compelling and compassionate circumstances exist to grant the subclass 820 visa.
• The 12-month requirement also will not apply if:

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

• The 12-month requirement also will not apply if you have registered your relationship with an Australian authority such as a registry of births, deaths, and marriages when you are living together but not necessarily for 12 months.

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.

        3. Sponsor

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.

        4. Age

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.

        5. Health

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.

        6. Character

You, and any members of the family unit or dependent child who applies for the visa with you, must meet the character requirement.

        7. Debts to the Australian Government

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.

        8. Best interests of the child

The Department of Home Affairs might not grant this visa if it is not in the best interests of an applicant under 18.

 

Subclass 820 Partner visa (temporary)-Checklists

Notes on gather and provide documents:

• Provide accurate information. See what happens if you can’t prove your identity or don’t provide true information.
• Provide all required information with your application, or as soon as possible after lodging your application.  Applications with all required information, including health exams and police checks, can be progressed more quickly.
• If more than 18 months has passed since you completed your health exams or more than 15 months has passed since your National Police Certificate (NPC) was issued by the Australian Federal Police (AFP), new checks will be required to progress your application.

        1. Identity documents

1.1 A birth certificate showing the names of both parents.

If you can’t provide this, provide one of the following:

• identification pages of a family book showing the names of both parents
• identification pages of an identification document issued by the government
• identification pages of a court-issued document that proves your identity
• identification pages of a family census register

1.2 the pages of your current passport showing your photo, personal details, and passport issue and expiry dates

1.3 a national identity card, if you have one

1.4 proof of a change of name, if applicable, such as:

• a marriage or divorce certificate
• change of name documents from an Australian Registry of Births, Deaths, and Marriages, or the relevant overseas authority
• documents that show other names you have been known by

        2. Relationship evidence

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:

• you have a mutual commitment with your spouse of de facto partner to the exclusion of all others
• your relationship is genuine and continuing
• you either live together or don’t live permanently apart
• you are not related by family

2.1 Relationship statements about:

• how, when and where you first met
• how the relationship developed
• when you moved in together, got engaged or married
• what you do together
• time you spent apart
• significant events in the relationship
• your plans for the future

2.2 Finances

Show how you and your partner share financial matters. You could provide:

• joint mortgage or lease documents
• joint loan documents for major assets like homes, cars or major appliances
• joint bank account statements
• household bills in both names

2.3 Household

Show how you and your partner share domestic matters. You could provide:

• a statement about how you share housework
• household bills in both names
• mail or emails addressed to you both
• documents that show joint responsibility for children
• documents that prove your living arrangements

2.4 Social matters

Show evidence that others know about your relationship, such as

• joint invitations or evidence you go out together
• proof you have friends in common
• proof you have told government, public or commercial bodies about your relationship
• proof you do joint sporting, cultural or social activities together
• proof you travel together

2.5 Commitment

Show how you are committed to a long-term relationship with each other. You could provide:

• proof you have knowledge of each other’s background, family situation or other personal details. You could tell us this at an interview
• proof you have combined your personal matters
• the terms of your wills
• proof you stay in touch when apart

2.6  Additional proof of a de facto relationship

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:

• provide evidence you have registered your relationship with Australian birth, deaths and marriages agency, or
• explain any compelling and compassionate circumstances exist to grant the visa

2.7  Other relationships

If you have previously been married, widowed, divorced or permanently separated, provide:

• divorce documents
• death certificates
• separation documents
• statutory declarations

        3. Character documents

3.1 An Australian police certificate if you have spent a total of 12 months or more in Australia in the last 10 years since you turned 16.

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.

3.2 An overseas police certificate from every country, including your home country, where you spent a total of 12 months or more in the last 10 years since you turned 16

3.3 military service records or discharge papers if you served in the armed forces of any country

3.4  Form 80 Personal particulars for assessment including character assessment (596KB PDF)

        4. Dependant(s) under 18 documents

For every dependant under 18 years old who is applying with you provide:

4.1 identity documents

4.2 proof of your relationship with your dependant, like a birth or marriage certificate

4.3 character documents, if the dependant is 16 or 17 years of age

4.4 adoption papers or parental court orders, if applicable

4.5 proof of enrolment at school, college or university, if applicable

4.6 proof of sole custody, if applicable

4.7 parental responsibility documents

You must get consent for any applicant under 18 years of age to migrate to Australia from anyone who:

• has a legal right to decide where the child lives and
• is not coming to Australia with the child

They must complete either:

4.7.1 Form 1229 Consent form to grant an Australian visa to a child under the age of 18 years (240KB PDF)

4.7.2 a statutory declaration giving their consent for the child to visit Australia on this visa

Include:

• an identity document that shows the signature and photo of the person who completed the form or declaration, such as a passport or driver’s licence
• adoption papers or other court documents if applicable

4.7.3 Alternatively, you can show the Department:

• an Australian court order that allows your child to migrate to Australia, or
• that the laws of the child’s home country allow them to leave their home country

5.      Dependant(s) over 18 documents

To include your child who is over 18 in your visa application, they must be:

• over 18 years of age but not yet turned 23, and dependent on you or your partner, or
• over 23 years of age and unable to earn a living to support themselves due to physical or cognitive limitations and dependent on you or your partner

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:

5.1 identity documents

5.2 documents about their other relationships, if applicable

5.3 character documents

5.4 proof the child is dependent on you:

• proof of your relationship with the dependent such as a birth certificate or adoption papers
• a completed Form 47a Details of a child or other dependent family member aged 18 years or over (307KB PDF)
• proof of financial dependence such as bank statements, money transfers, and rent receipts

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.

Subclass 820 Partner visa (temporary) – Frequently Asked Questions

        1. Do I have to be in Australia to lodge this visa and when the visa is granted?

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:

• a Prospective Marriage visa (subclass 300)
• a Partner visa (subclass 309 and 100)

2. What I can do when the visa is granted?

• stay in Australia until the Department decides your permanent Partner (Migrant) visa (subclass 801) or that application is withdrawn
• work in Australia
• study in Australia (you will not receive government support)
• travel to and from Australia as many times as you want
• attend up to 510 hours of free English language classes provided by the Adult Migrant English Program
• enrol in Australia’s public health care scheme, Medicare

3. What if my current visa is about to end?

You can stay in Australia on a Bridging visa if you have already lodged your application.

4. How long I can stay?

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.

5. What’s considered a long-term relationship?

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). ​

6. Can I include dependent children?

You can include a dependent child or children in your application:

• when you submit your application, or
• after you submit your application but before the Department decides your temporary visa

These dependants must:

• meet the health requirement
• meet the character requirement
• be in Australia

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.

7. What if I hold a prospective Marriage visa?

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.

8. What are the costs?

• Prospective Marriage visa (subclass 300) holders: AUD1,285 for the main applicant. If you previously held a Prospective Marriage visa but didn’t apply for the subclass 820 and 801 visas before that visa expired: AUD1,630.
• Dependent Child visa (subclass 445) holders: nil.
• Most other applicants: AUD7,715 for the main applicant.

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.

9. What’s the processing times

75% of applications: 23 months

90% of applications: 28 months

Updated on 27 March 2020

Your application can take longer to process if:

• you don’t fill the application correctly
• you don’t include all required documents, or the Department needs more information from you
• it takes time to verify your information

The Department can’t process your application if you do not pay the correct visa application charge.

10. What are my obligations?

You and your family must meet all visa conditions and obey Australian laws.

To see what conditions you have, use VEVO.

11. Do I have to have health insurance?

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:

• an interim (blue) Medicare card
• a full (green) Medicare card

12. Can I travel?

You can travel outside Australia as many times as you want.

13. Will I have a visa label?

The Department will digitally link your visa to your passport. You will not get a label on your passport.

14. How long I can stay?

You can stay until the Department makes a decision about your permanent Partner visa (subclass 801) or you withdraw that application.

15. How to prove I have a visa?

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).

16. Do I have access to Australian Government benefits?

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.

      17. What if I want to bring a family member?

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)

If your child holds a Dependent child visa, you can include them in your permanent Partner visa application.

       18.  What If I have a newborn child?

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:

• changes to your contact details or passport
• changes to your marital or de facto status
• the birth of a child
• if your relationship ends

       19.  What if I get another visa?

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).

      20.  How to prepare documents for the permanent Partner visa?

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:

• be married or de facto partners
• have a genuine and continuing relationship
• live together or not live separately and apart on a permanent basis, and
• be committed to a shared life excluding other partners

Find out more about the permanent Partner visa (subclass 801).

      21.  How long the sponsorship lasts?

Your sponsorship ends two years after your partner is granted their Partner visa (subclass 820).

This is the case even if the permanent Partner visa (subclass 801) is granted immediately after the temporary 820 visa is granted.

 

Related: 

Partner Visa Australia 2021 – Introductory Guide

Partner Visa Preliminary Important Facts

Partner visa applications – little but important facts

Limit on sponsoring more than 2 partners

Partner Visa Special Price

 

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