Subclass 820 Partner Visa: Essential Guide for a Successful Application (December 2023)

23 Dec

The Subclass 820 Partner Visa is a crucial component for many couples in Australia, as it enables individuals with an Australian citizen, permanent resident, or eligible New Zealand citizen partner to live, study, and work in the country. This temporary visa serves as a stepping stone towards achieving a permanent Partner Visa (Subclass 801), providing the opportunity for couples to build and maintain their relationship while residing in Australia.

Navigating the application process for the Subclass 820 Partner Visa can be complex, and understanding the requirements and necessary documentation is essential to ensuring a successful outcome. Applicants must demonstrate genuine commitment to their partner, pass a character check, and satisfy health requirements, among other conditions.

In this article, we will explore the various aspects of obtaining a Subclass 820 Partner Visa, including the application and eligibility criteria, the assessment process, and typical waiting periods. By equipping themselves with comprehensive knowledge of this essential visa category, applicants can increase their chances of a smooth and successful application process.

Understanding Subclass 820 Partner Visa

The Subclass 820 Partner Visa is designed for individuals in a genuine relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. This visa allows the applicant to live, work, and study in Australia temporarily while awaiting the approval of their permanent partner visa (Subclass 801).

To be eligible for the Subclass 820 Partner Visa, applicants must have a genuine and continuing relationship with their partner. This relationship can be a marriage or a de facto partnership. The sponsor must also meet specific requirements, such as being at least 18 years old and having no significant criminal records.

When applying for the Subclass 820 Partner Visa, applicants must provide evidence of their relationship with their partner. This includes documents such as joint bank account statements, evidence of shared living arrangements, and photographs of the couple together. Applicants should also be prepared to attend an interview with an immigration officer to discuss their relationship in further detail.

The processing time for the Subclass 820 Partner Visa can vary depending on individual circumstances and the complexity of the application. It is advisable to have all required documentation completed and ready to submit before applying to help minimize delays in the process.

During the period that applicants hold the Subclass 820 Partner Visa, they have full work and study rights in Australia. They also have access to Australia's public healthcare system, Medicare, and may be eligible for certain Centrelink (Social Security) benefits.

While the Subclass 820 Partner Visa allows applicants to live in Australia temporarily, the ultimate goal is to obtain a permanent partner visa (Subclass 801). After holding the temporary visa for two years, visa holders can apply for the permanent visa, provided their relationship is still ongoing and genuine.

In summary, the Subclass 820 Partner Visa offers a pathway for individuals in a genuine relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live, work, and study in Australia. The temporary visa serves as a stepping stone towards obtaining a permanent partner visa and building a life together in Australia.

Eligibility Criteria for Subclass 820

The Subclass 820 Partner Visa is designed for individuals who are in a genuine and committed relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. This visa allows the applicant to live, work, and study in Australia on a temporary basis. To be considered eligible for this visa, there are several requirements that must be met.

Firstly, the applicant must be in a genuine and ongoing married or de facto relationship with their Australian partner. Both partners must be at least 18 years old, and their relationship must have existed for a minimum of 12 months before the visa application date. Evidence of the relationship, such as shared finances and living arrangements, is often required to support the application.

Secondly, the sponsoring partner must be either an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen. The sponsor must meet certain character requirements and agree to financially support the applicant throughout their stay in Australia. It is important to note that a single sponsor can only nominate one partner at a time and cannot sponsor another partner within five years of a previous sponsorship.

In addition to a genuine relationship, applicants must also meet health and character requirements. Health examinations may be required, and any pre-existing medical conditions could affect the visa outcome. Applicants must also provide police clearance certificates from any country they have lived in over the past 10 years. Any criminal record or pending legal matter/s could result in visa refusal.

Lastly, the applicant must not have any debt to the Australian Government. If the applicant has outstanding debts, they must be paid or have satisfactory arrangements in place to repay the debt before the visa can be granted.

By ensuring all of these eligibility criteria are met, an applicant will have a higher chance of being granted a Subclass 820 Partner Visa, allowing them to begin their new life in Australia with their partner.

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Benefits of the Subclass 820 Visa

The Subclass 820 Partner Visa offers numerous advantages for those looking to join their partner in Australia. This visa allows holders to live, work, and study in the country, providing them with many opportunities to establish a stable life together with their partner.

One significant benefit of the Subclass 820 Visa is the ability to work without restrictions in Australia. Visa holders can seek employment in any sector or industry, ensuring financial stability and contributing to the household income. This flexibility aids in establishing a better quality of life for the couple and their family.

In addition to work opportunities, the Subclass 820 Visa also grants permission to study in Australia. Visa holders can pursue higher education, vocational training, or partake in professional development courses, ultimately enhancing their career prospects and personal growth.

Access to Australia's healthcare system is another notable advantage for Subclass 820 Visa holders. They become eligible for Medicare, the country's public healthcare scheme, which enables access to affordable medical treatments and services, ensuring their well-being and health.

Frequent travel is also possible with the Subclass 820 Visa, as it permits visa holders to travel in and out of Australia without restrictions. This flexibility enables them to visit their home country or explore other destinations, enriching their life experiences while maintaining their connection with family and friends abroad.

The Subclass 820 Visa also covers household members, making it easier for the entire family to settle in Australia. This inclusion promotes a comprehensive and cohesive living arrangement, leading to a harmonious domestic environment.

Lastly, the visa provides access to the Adult Migrant English Program (AMEP), a government-funded initiative designed to assist new arrivals in learning English. This program helps them improve their language skills, thereby facilitating better employment and educational prospects and fostering smooth integration into Australian society.

Application Process for Subclass 820

The application process for the Subclass 820 Partner Visa involves several steps to ensure a successful outcome. To begin, applicants must gather the necessary documents, including their passport and national identity card. These documents serve as proof of their identity and establish their eligibility for the visa.

When preparing the application, it is essential to include a written statement detailing the history and nature of the relationship between the applicant and their Australian partner. This statement should provide an overview of the couple's shared experiences, such as living arrangements, joint finances, and their plans for a future together.

For those who hold a Prospective Marriage Visa (subclass 300), it is necessary to apply for the Subclass 820 Partner Visa within nine months of entering Australia. Submitting the application on time is crucial, as it allows sufficient time for processing and ensures a smooth transition to the next stage of the process.

As part of the application, applicants must also provide additional supporting documents, such as:

Evidence of the sponsor's Australian citizenship or permanent residency
Police clearance certificates for both the applicant and their partner
Medical examinations and health checks

Once the application has been submitted, it will undergo a thorough review by the Department of Home Affairs. This process may involve interviews, additional document requests, or verifying the information provided in the application.

Upon the successful completion of the review process, the applicant will be granted a temporary subclass 820 visa. This visa allows them to live, work, and study in Australia while awaiting the final decision on their permanent Partner Visa (subclass 801).

It is important to remain patient throughout the application process, as processing times can vary depending on individual circumstances and the complexity of the case. Applicants should maintain open communication with the Department of Home Affairs and promptly respond to any requests for additional information to ensure a timely and successful outcome.

Processing Time and Costs

The processing time for the Subclass 820 Partner Visa can vary depending on several factors, such as the complexity of the application, the completeness of the submitted documents, and the workload of the Department of Home Affairs. The below processing times indicate how long, on average, it is currently taking for an application to be finalised. (As of 23rd of December 2023)

50% of applications: 6 Months
90% of applications: 26 Months

Please use the link below to check the most recent information:

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore/temporary-820

The cost associated with the Subclass 820 Partner Visa is an essential factor to consider. As of August 2023, the current base application charge for this visa is AUD 8850. This amount covers the main applicant. Additional charges may apply for dependant children, health examinations, police checks, and any professional assistance obtained, such as from migration agents or legal representatives.

Here is a summary of the costs involved in the Subclass 820 Partner Visa process:

Base application charge: AUD 8850
Dependants Under 18: AUD 2215
Dependents Over 18: AUD 4430
Health examination fees: Varies depending on the type of medical test and provider
Police clearance fees: Varies depending on the country
Migration agent or legal representative fees: Between $4500 and $9000

It is crucial to note that the visa application fee is non-refundable, even if the application is unsuccessful or withdrawn. Thus, applicants are encouraged to ensure that they meet all the eligibility requirements and provide complete and accurate documentation to maximize their chances of success.

In conclusion, applicants should keep in mind that both processing times and costs for the Subclass 820 Partner Visa can vary. Being well prepared, doing thorough research, and regularly checking for updates can make the application process smoother and more manageable.

Importance of Genuine Relationship

A crucial aspect of the Subclass 820 Partner Visa application is establishing the genuine nature of the relationship between the applicant and their sponsoring partner. Demonstrating a genuine relationship is necessary to prove the authenticity and validity of the partnership to the immigration authorities. This becomes especially important in cases involving de facto partners or couples with a dependent child.

To establish a genuine relationship, applicants must prove that they share a committed, ongoing, and exclusive partnership with their sponsor. This involves demonstrating their shared life, which may include joint financial responsibilities, assets, and living arrangements. Couples must also indicate that their relationship has been long-term, and provide proof of their shared commitments and future plans.

Documentation of the genuine relationship should be comprehensive, encompassing various aspects of the couple's lives. This may include shared bank accounts, joint property ownership, photographs of the couple together, letters of support from family and friends, and more. Providing a detailed representation of the relationship helps establish its legitimacy for the authorities assessing the visa application.

If the couple has a dependent child, they must also submit the child's birth certificate, passport, and other relevant documents to support their claim. The dependent child's connection to both partners further demonstrates the genuine nature of their relationship.

Furthermore, applicants and their sponsors may need to provide police certificates to prove their good character. These certificates are a standard requirement to ensure the safety and protection of the community. Submitting these certificates adds credibility to the application and further demonstrates the integrity of the relationship.

In summary, the importance of establishing a genuine relationship cannot be overstated when applying for the Subclass 820 Partner Visa. A thorough presentation of evidence that highlights the couple's shared life, joint responsibilities, and commitment to each other is essential to securing the visa and validating the partnership in the eyes of immigration authorities.

Transition from Temporary to Permanent Visa

The Subclass 820 Partner Visa allows individuals to temporarily live in Australia with their partner. After fulfilling specific requirements and waiting for a specified period (24 months), applicants can transition to a permanent partner visa known as Subclass 801.

During the initial stage, applicants are granted a temporary partner visa, which enables them to stay in Australia with their partner. This visa comes with various benefits, such as work and study rights, access to healthcare, and travel freedom. The primary goal of the Subclass 820 visa is to assess the relationship's genuine and ongoing nature before granting a permanent visa.

After two years from the date of the temporary partner visa application, eligible applicants can apply for the permanent partner visa (Subclass 801). To be eligible, applicants must demonstrate that their relationship with their partner remains genuine and ongoing. At this stage, the Department of Home Affairs will assess the partnerships' evidence, such as financial ties, the nature of the household, and social acceptance.

The transition from a temporary to a permanent visa is an essential step towards securing a future in Australia for the applicant and their partner. It is crucial to provide accurate and comprehensive documentation during both the Subclass 820 and Subclass 801 application processes. This will ensure a smoother transition and increase the likelihood of obtaining a permanent visa.

The permanent partner visa (Subclass 801) comes with additional benefits, such as eligibility for Australian citizenship and access to social security payments. It is important to note that applicants already holding a permanent humanitarian visa can also apply for an onshore partner visa (Subclasses 820 and 801), following a similar process and meeting the relevant requirements.

The transition from a temporary partner visa to a permanent one is a crucial milestone in the lives of many individuals seeking a bright and secure future in Australia. By understanding the requirements and providing ample evidence, applicants can successfully make the shift and enjoy the benefits of permanent residency.

Health and Character requirements

Applicants for the Subclass 820 visa must meet specific health and character requirements. The health requirement includes taking a medical examination and generally maintaining good health to ensure they will not pose a risk to the Australian community. Certain health conditions may affect the application's outcome, depending on their severity and treatment costs.

The character requirement, on the other hand, involves providing police clearance certificates from every country the applicant has lived in for 12 months or more in the last 10 years. This requirement aims to keep the Australian community safe by ensuring that potential migrants do not have a history of serious criminal activity.

Visa conditions apply to the Subclass 820 visa holder, which must be adhered to; otherwise, the visa may be canceled. Some common conditions include:

Notifying the Department of Home Affairs of any changes in the applicant's circumstances, such as changes in address, relationship status, or employment.
Abiding by Australian laws and respecting the values of the Australian community

It is essential for both the sponsor and the applicant to understand and comply with the traits and conditions of the Subclass 820 Partner Visa to ensure a successful outcome and a smooth transition into Australian life.

Other Relevant Information

Financial Evidence: Applicants must prove that their partner can financially support them and any dependent children. This can include bank statements, payslips, or other financial documents demonstrating the sponsor's ability to support the applicant and their family members.

Dependent Children: If the applicant has dependent children, they must include each child's birth certificate and other relevant documents, such as a custody agreement. If the child is born to the applicant and their Australian partner, they must provide a marriage certificate or proof of a de facto relationship.

Benefits: The Subclass 820 Partner Visa grants the applicant several benefits, such as the ability to live and work in Australia, study in Australia without government support, and access certain social security payments based on waiting periods. Once the permanent Partner Visa (Subclass 801) is granted, the applicant will be eligible for permanent residency, allowing them to enjoy even more benefits as an Australian resident.

Study in Australia: Although the Subclass 820 Partner Visa allows the applicant to study in Australia, they will not receive government support for their studies. This means that they will be responsible for covering any related costs, such as tuition fees and study materials.

Applicants must gather all required evidence, follow the application guidelines, and provide accurate information to improve their chances of obtaining the Subclass 820 Partner Visa.

Conclusion

In conclusion, navigating the intricacies of the Subclass 820 Partner Visa application can seem daunting, but a well-prepared application can significantly smooth your journey toward permanent residency in Australia. From fulfilling eligibility requirements to meticulously compiling documents, each step is crucial. The applicant and the sponsoring partner should work collaboratively to ensure that all information is accurate and up-to-date. Provide a comprehensive application to avoid delays or, worse, denial of the visa.

One should consider the emotional and financial investments involved in this process. It’s not just a bureaucratic procedure; it's a testament to the commitment between you and your partner, paving the way for a shared future in a new country. Transparency, thorough preparation, and adherence to guidelines are the pillars of a successful Subclass 820 Partner Visa application.

Remember, the visa application is not just a formality but a legally binding process that can influence your life for years. Hence, take the time to get it right. After all, it's not just about gaining a piece of paper that allows you to stay in Australia; it's about building a new life with the person you love.

By taking a well-informed, diligent approach to your Subclass 820 application, you increase the likelihood of joining the thousands of successful applicants who have secured their future in Australia. Good luck!

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About Rocket & Ash Immigration Law:

At Rocket & Ash Immigration Law, we specialize in helping partners, graduates, and professionals navigate the complexities of Australian immigration law. Our expertise in visa applications ensures that you receive tailored advice and support throughout your immigration journey.

If you require assistance with your Subclass 820 partner visa application or have any other immigration-related queries, our experienced team can help. Contact us by email at: hello@rocketandash.com.au or by phone at: 02 9158 3854

Written by Ines Jusufspahic, LPN: 5511366

Please note that this article does not constitute legal advice or create an attorney-client relationship. Please consult an immigration professional for up-to-date information.

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