820 Visa Partner (Onshore)

Visa overview

820 visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen live in Australia temporarily. Applicant must be onshore when 820 visa is applied. PR pathway: subclass 820 visa holders can apply for permanent partner visa subclass 801; 2 years after the lodgment date of 820.

Benefits

820 visa holders can:

  • Stay in Australia while waiting for the permanent partner visa subclass 801 to be decided

  • Work rights and study rights with their own expense

  • Travel in and out of Australia as long as the visa is valid

  • Take up to 510 hours of free English language class provided by the Adult Migrant English Program (AMEP)

  • Enrol in Public health care scheme (Medicare)

  • Apply for Australian Citizenship (if requirements are met)

Eligibility

  • At least 18 years old

  • Currently in Australia when the application is lodged

  • Hold a substantive visa and do not have an 8503 - no further stay condition

  • The marriage is valid under Australian law or in a de facto relationship with their sponsor for at least 12 months.

  • The relationship must be proven to be genuine and ongoing by meeting the 4 aspects:

  • Financial Aspect

    • 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

  • Nature of household

    • 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

  • Social Aspect

    • joint invitations or evidence you go out together

    • proof you have friends in common

    • proof you have told the government, public or commercial bodies about your relationship

    • proof you do joint sporting, cultural or social activities together

    • proof you travel together

  • Nature of Commitment

    • proof you have knowledge of each other’s background, family situation or other personal details. You could tell us this at an interview

Note: If a couple has not lived together for at least 12 months, they may register their relationship as de facto to bypass the living requirement. There are states that do not process registering relationships, and these are: 

  • SA

  • WA

  • NT

Sponsor’s eligibility: 

  • The sponsor must be 18 years and above

  • Must be an Australian Citizen, Australian Permanent Resident, or eligible New Zealand Citizen

  • Sponsors must not have registrable offences. 

Sponsorship limitation: 

Sponsors may only submit 2 sponsorship applications in their lifetime. There must be a 5 or more year gap between sponsorship applications. 

 There are limitations on sponsorship for sponsors that were granted a Subclass 300 Prospective Marriage visa, a Partner visa, a Contributory Parent visa, or a Subclass 204 Women At Risk visa within the last 5 years. 

 Contact us for more details in relation to limitations on sponsorship.

Long term relationship

If 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), your permanent Partner visa (subclass 801) visa may be granted immediately after the temporary Partner visa (subclass 820) visa.

How it works

An applicant must be a genuine de facto partner or spouse of an Australian citizen, Australian Permanent Resident or an eligible New Zealand citizen. The applicant must be onshore when the 820 visa is applied. Before the application, couples will be assessed according to the 4 aspects - financial, nature of the household, social, and nature of commitment. If the couple meets the 4 aspects and has been proven to be in a genuine and ongoing relationship, they may lodge the 820 visa application. Usually, couples will lodge 820 with 801 which is the Permanent Partner visa. The permanent partner visa will then be granted 2 years after the lodgement date of 820. 

Please note that the 801 visa will be granted if the couple is still in a genuine and ongoing relationship.

Processing time:

22-32 months

Our Services

We are well-known to have an extremely high success rate when it comes to Partner Visa applications by providing these services: 

  • Upon signing up, we will be with you every step of the way by sending you the instructions and providing sample documents

  • Guiding you in gathering evidence and reviewing your documents needed to prove the 4 aspects – social, financial, nature of household and nature of commitment

  • We will also prepare a legal submission detailing the nature of your relationship and how you would meet the legal requirements for the visa application

  • We will make sure that the lodgment of the visa will not have any issues and liaise with the department of immigration for any of their request until the visa grant

  • We can also extend our assistance with complex issues such as visa refusals, AAT appeals etc.

Partner visas can be very complex and our team at Think Visa is experienced in complex cases as follows:

  • Visa refusal or visa cancellation history from Australia or any other country;

  • Relationship with sponsoring Australian spouse/partner ceased due to family violence committed by the sponsor;

  • Relationship with sponsoring Australian spouse/partner ceased and has parental responsibility for a child;

  • Sponsoring Australian spouse/partner passed away before obtaining a permanent partner visa;

  • Sponsoring Australian spouse/partner who previously married unable to complete divorce proceeding before sponsoring new partner;

  • De facto relationship of fewer than 12 months.

  • Character issues e.g. criminal charge history.

Cost

Subclass 820/801 Department Fees
Application (includes PR visa 100): $7850
Additional applicant Charge 18+ yrs old: $3930
Additional applicant Charge -18 yrs old: $1965

Other expected costs

You are also likely to incur other costs, in addition to the visa lodgement fee, as part of the application process. The amount of these costs will depend on your individual circumstances.

Other costs may include the following:

  • Medical examinations, specialist fees, and any associated additional costs where issues are identified

  • Character checks (costs and requirements will depend on the county for which you apply)

  • Translating original documents where they are not in English

The above is not an exhaustive list and you may incur other costs that are specific to your case.

Accreditation

Words from our clients

Expert lawyers, just a click away.

Let us solve your migration problems. We provide:

  • Trusted legal advice with peace of mind for your migration journey

  • Prepare, lodge and liaise with the Department on behalf of you and your family

  • Project-manage the application until the visa is granted and bring you to Australia