Subclass 820 Visa

This visa allows the partner or spouse of an Australian citizen, Australian permanent resident or an eligible New Zealand citizen to live in Australia. You apply for the Partner (Temporary( Subclass 820 and Partner (Permanent) Subclass 801 visas together. You must be inside Australia when you apply for this visa.

Partner Visa Subclass 820 Details

Partner (Temporary) (Class UK) Subclass 820 Visa

This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen stay in Australia temporarily. Getting this visa is the first step towards a permanent residence Partner visa (subclass 801). Usually, 2 years must have passed since you applied for the combined 820 and 801 visa for you to be assessed for the permanent visa. You must be inside Australia when you apply for this visa.

Partner Visa Subclass 820 Work Rights in Australia

The visa holders have full work rights to work anywhere in Australia.

Including Family Members - Subsequent Entrant

If you have children, they can also be included in your application at the time of application, or before a decision is made on temporary visa application. If you want to add a child after you have been granted this visa then you will need to lodge 'Subclass 445 Dependent Child Visa'.

Visa Subclass 820 Extension

The extension of this visa is not required as you can stay in Australia until your Permanent Partner (Migrant) visa (subclass 801) is decided or that application is withdrawn.

Partner Visa Application Fees

You pay A$7850 for 'Partner Subclass 820 Visa' and 'Partner Subclass 801 Visa' application together at the same time.

Partner Visa 820 Processing Time

Partner visa processing time for Standard Stream: 75% of applications in 20 Months, 90% of applications in 27 months

Partner Visa Subclass 820 Schedule 3 Criteria

Criteria Applicable to Unlawful Non-Citizens and Certain Bridging Visa Holders

Schedule 3 of the Migration Regulations 1994 specifies additional criteria for most visa applicants who are in Australia, and at time of application are an unlawful non-citizen or hold only a bridging visa.

Purpose of the Schedule 3 Criteria for De Facto Visa

This applies to persons who have ceased to hold a substantive or criminal justice visa since 1 September 1994, and persons who entered Australia unlawfully that is, without a visa, since 1-09-1994.
- Encourage non-citizens who have a legitimate basis for remaining in Australia to apply for a further visa before their current substantive visa ceases.
- Discourage non-citizens from remaining in Australia beyond the period of effect of their substantive visa.
- Prevent non-citizens from benefiting by remaining in Australia unlawfully, by possibly acquiring visa eligibility while remaining here without lawful permission.
It is recognised, however, that there are situations in which non-citizens remain in Australia without a substantive visa through circumstances over which they have no control and situations where there are compelling reasons for granting them a visa to remain.

Applicant’s circumstances must have been beyond their control

Two requirements must be satisfied: there must be factors that caused the applicant to become an illegal entrant or a person without a substantive visa, and those factors must have been beyond the applicant’s control. The element of causation is important. It is not sufficient that factors beyond the control of the applicant existed. Those factors must have caused the applicant to become an illegal entrant or a person without a substantive visa. The phrase ‘factors beyond the applicant’s control’ is to be given its natural meaning and considered against all relevant circumstances of the applicant. The test is whether the applicant became a person to whom Schedule 3 criteria applies because of circumstances that were “external” to the applicant and over which they had no control. In some instances, an applicant’s lack of awareness may, however, be attributable to a circumstance over which the applicant had no control.

Compelling reasons to grant the visa must exist

‘Compelling’ is not defined in migration legislation and should be given its normal dictionary meaning: “brought about by moral necessity”. Compelling reasons may stem from compassionate factors or may arise, for example, from the applicant’s circumstances or the circumstances of another person. Circumstances beyond the applicant’s control may also constitute compelling reasons for granting the visa.

Must have otherwise been entitled to the visa applied for

The applicant must have substantially complied with visa conditions, and would have been entitled to be granted the visa had they applied for it immediately before becoming unlawful or without a substantive visa.

Partner Visa Subclass 820 Relationship Requirement

Partner Visa Relationship Requirement

You must be either the spouse or de facto partner of an Australian citizen, Australian permanent resident or Eligible New Zealand. Your relationship can be with someone of same of different sex.

Meeting Relationship Requirement by Marriage

To meet the relationship requirement by marriage 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 and your marriage must be valid under Australian law.

Meeting Relationship Requirement by De facto Relationship of Over 12 Months

To meet the relationship requirement by de facto relationship of over 12 months you and your spouse must not be married, 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 and you are not related by family.

Meeting Relationship Requirement by De facto Relationship of Less Than 12 Months

The 12-month requirement also will not apply if your partner holds or held a permanent humanitarian visa, and your de facto relationship existed before we granted their visa, and your de facto partner told us about the relationship before we granted their visa.
The 12-month requirement will not apply if you are in a de facto relationship with a partner who is an applicant for a permanent humanitarian visa
The 12-month requirement will not apply if you have registered your relationship with an Australian authority such as a registry of births, deaths and marriages.

Meeting Relationship Requirement by Online Relationship

The time spent dating or in an online relationship might not count as being in a de facto relationship.

Form 888 Statutory declaration by a supporting witness in relation to a Partner or Prospective Marriage visa application

This form must be completed by a person who: knows the visa applicant and their partner or fiance; and the history of their relationship; is at least 18 years of age; and is an Australian citizen or Australian permanent resident. If the visa applicant is outside Australia and is unable to have an Australian citizen or Australian permanent resident complete this form, any person who knows the applicant and their partner or fiance may also complete this form. When assessing a Partner or Prospective Marriage visa application, the Department of Home Affairs (Home Affairs) must consider the social aspects of the claimed relationship. The Home Affairs will use the information provided in this form, among other things, to assess these aspects.

Partner Visa News

Recent Policy Changes and News

These are some of the relevant policy changes and recent news relevant to Subclass 309/100/820/801 visas.

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Partner Visa 820 Checklist

For all applicants to be included in the application

1. Identity documents such as passport, birth certificate, proof of name change such as marriage or divorce certificate.
2. If you are or have been married, widowed, divorced or permanently separated, provide proof such as marriage certificates, divorce documents, death certificates, separation documents or statutory declarations.
3. Provide 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, any military service records or discharge papers if you served in the armed forces of any country.
4. Passport size photographs.
5. Medical examinations.

For Primary Applicant

6. 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 for over a year, provide proof of ‘Genuine and Ongoing Relationship’ with your de facto partner.
7. If you haven't been in the relationship for 12 months, tell us in writing why the 12-month requirement does not apply such as either provide evidence you have registered your relationship with an Australian births, deaths and marriages agency, or explain any compelling and compassionate circumstances exists.
8. If you have previously been married, widowed, divorced or permanently separated, provide divorce documents, death certificates, separation documents or statutory declarations.

For Sponsoring Partner

9. Identity documents such as passport, birth certificate, and proof of name change such as marriage or divorce certificate.
10. If you are or have been married, widowed, divorced or permanently separated, provide proof such as marriage certificates, divorce documents, death certificates, separation documents or statutory declarations.
11. Provide Australian Federal Police clearance certificate.
12. You must also provide 2 statutory declarations (Form 888 Partner Visa) from people who know about your relationship, such as your partner's parents, family members, relatives or friends.