820 Partner Visa in Australia to Become a Permanent Resident

If you still need more information about the 820 visa, read on below.

If you have been living, studying, or working in Australia, you can get your spouse or de-facto partner to Australia too. There are several visas in relation to this.

• If you are on a student visa and your spouse wishes to visit for up to 12 months, they can apply for a visitor visa, subclass 600, under the sponsored family stream

• If you’re on a student visa, you can apply for them to travel with you on your 500 student visa . You must declare them when applying, or they can apply later as a subsequent entrant

• If you are a permanent resident or citizen, they can apply for a temporary subclass 820 partner visa

• Once they have lived in Australia with you on the 820 visa for two years, they can apply for

  the permanent partner visa, subclass 801

• If you’re a PR or citizen, and you want your prospective spouse to visit and marry you, visa subclass 300 prospective marriage visa is a bridging visa for 9-15 months until they apply for the 820 subclass visa

If you’re a permanent resident, wanting your spouse to join you permanently, then the most important visa is the subclass 820 partner visa.

What is the Subclass 820 Partner Visa?

This is a temporary visa that allows your partner to stay in Australia with you until their 801 visa application is finalised, or until the application is withdrawn. On this visa, they can work, live, and study in Australia. This must be sponsored by the person living in Australia who is a permanent resident or citizen. Dependent children (under 18 years old) can be added to this application.

What is the Subclass 801 Partner Visa?

This is a permanent visa. It can be applied for after being on the subclass 801 visa for a minimum of two years. It gives you the same rights as permanent residents, letting you work, study and stay in Australia. You can access Medicare, and apply for citizenship. The cost is free, as it is covered by the fee paid for the temporary 820 subclass visa.

What Counts as a Partner?

To be eligible for visas 801 and 820, your relationship will be assessed to ascertain genuineness, and must meet certain criteria. This includes things like:

• Being legally married or in de-facto relationship that must have been at least 12 months long (not including dating or online)

• Having a genuine story about how, when, and where you met and how the relationship developed

• Which activities do you do together and your plans for the future

• Proof of shared finances, such as mortgage documents, bank accounts, bills in both names

• A statement that declares how housework is distributed, or childcare responsibilities

• Information relating to a joint social life and friendships

How Do You Apply for Visa 820?

There are two steps to this process.

1. Lodge a combined 820/801 visa application via your ImmiAccount. The requirements which you must be able to prove include:

• Both sponsor and partner must be aged 18 years or over

• Genuineness of relationship, including two form 888’s by witnesses attesting that the relationship is genuine

• Sponsor must meet character requirements

• Both applicants must pass police checks, as attested by police clearances

• Must hold a legal substantive visa

• The spouse must meet health and character requirements, including any health examinations

• Both spouses must currently be located in Australia

• Identity documents including passport

• A written statement about your relationship, including the history and intentions for the future

Visa fees are updated annually. For the most current information, please visit the official government website.

All documents must be in English, or verified copies that are translated into English.

Decisions typically take 6 to 33 months, but this process takes longer if you do not supply the required documents or information. Once applied, a bridging visa is granted, and then the 820 visa takes effect upon approval. Once the bridging visa is approved, you can enrol in Medicare, apply for study, or apply for work rights.

2. After two years, prove that your relationship still meets visa requirements. The immigration department assesses if the eligibility requirements are met, and then grant the visa.

In some instances, the application is taken as a single step, with the 801 permanent visa being granted in the first instance without a two-year waiting period. This happens if you can prove a relationship of over three years, or over two years with a dependent child.

Steps for Application For Visa 820

1. First, make sure you are eligible to apply. Is the relationship genuine and lasting, and is the Australia sponsor a resident or citizen?

2. Gather all the documents you need. This could take considerable time, and if you do not provide the correct information, it will delay your approval or result in rejection

3. Apply online through your ImmiAccount:

• Log on and select ‘new application’, then ‘family’

• Choose ‘Stage 1 – Partner or Prospective Marriage Visa’

• Complete the visa, supplying all paperwork, up to 100 documents

• Pay the visa fee/s

• Submit the application and record the TRN (transaction reference number).

• Supply the TRN to the sponsor, who will need to apply for the sponsorship. They will need to log on to ImmiAccount, provide ID, and the TRN.

• Wait for an outcome. You can check the status of your application in your ImmiAccount.

If you have any questions, contact us at IDP Education. We can help you with the subclass 820 and 801 visa applications in Australia. It’s important to supply all possible helpful paperwork that aids the immigration department in making a decision. If you are unsure, we can help with the application and ensure your application is thorough, complete, and presented optimally.