Partner Visa Australia Checklist
Current partner visa legislation enables a visa applicant to apply for a temporary and a permanent partner visa in one hit – one initial application and one visa application charge. The subclass 820/801 visa application is the onshore version of the subclass 309/100 visa application. The 820 and 309 visas are the temporary partner visas. The 801 and 100 visas are the permanent partner visas. The government has flagged that partner visa applicants may soon be required to pay one fee at the temporary partner visa application stage and a second fee at the permanent partner visa assessment stage.
Holders of an 820 visa are usually assessed for the permanent partner visa two years after the date of the original application. However, a Department of Home Affairs decision maker may assess the permanent partner visa before those two years are up where the applicant and sponsor were in a qualifying relationship for at least two years at the time the 820/801 visa application was lodged and they have a child together OR where the couple can prove that they were in a qualifying relationship for at least three years when the 820/801 application was lodged.
In some circumstances, it is possible for a temporary partner visa applicant or a temporary partner visa holder to be granted a permanent partner visa even though their relationship with their sponsor has come to an end. This may include situations where the applicant has been subjected to domestic violence or where the applicant has an Australian child.
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Subclass 820 partner visa - am I eligible to apply for this visa?
In order to apply for this visa, you must be either in a “married” or a “de facto” relationship with an Australian citizen, permanent resident or eligible New Zealand citizen. Applicants in a “de facto” relationship are generally required to demonstrate they have lived together for at least 12 months prior to the date upon which they lodged their application. This requirement may be waived if you register your relationship. All States and Territories, except for Western Australia and the Northern Territory, currently have a Relationship Register.
What is the difference between an 820 and 801 visa?
The 820 visa is the ‘temporary’ or ‘provisional’ onshore partner visa and is the visa that is granted after the first stage assessment. Holders of an 820 visa are able to apply for the 801 visa (permanent residence) two years after the date upon which they originally submitted their partner visa application.
What is the current processing time for an 820 visa?
What are the health and character requirements for an 820 visa?
As part of your health assessment you will be required to attend a medical appointment which usually includes a general medical examination, a chest x-ray and blood tests. You may be asked to complete additional medical examinations depending on your medical history. As part of the Department’s character assessment, you will need to provide police clearance certificates from each country in which you have spent at least 12 months in the last 10 years. If you have any health issues or convictions, you may wish to consider obtaining professional advice from a registered migration agent. Health issues and/or convictions aren’t necessarily going to cause your partner visa application to be refused. It very much depends on the facts and how those facts are presented.
Can I include my family members in an 820 visa application?
Yes, you can include your dependent children (these can be children you have with your sponsor or from a previous relationship) as secondary applicants in your application. Generally, ‘dependent children’ must be under 18 years of age, but there are certain circumstances where children over 18 years can be included. If you do want to include your “adult” children in your partner visa application, you may wish to consider obtaining professional advice from a registered migration agent to find out whether your child can be included. The rules around “adult” children are often more complicated than they seem.
Are there any obligations for sponsors of an 820 visa?
As part of the sponsorship application, sponsors agree to support the holder of an 820 visa and their dependent children for the first two years after the visa is granted – this includes accommodation and financial assistance. The sponsor also agrees to notify the Department if the relationship ends at anytime before the 801 visa is granted.
What happens after I apply for an 820 visa?
Once an 820 visa application is lodged, applicants are issued a ‘Bridging Visa A’, which allows them to remain in Australia lawfully until a decision is made on their partner visa application. This bridging visa does not come with travel rights so if you need to travel overseas, you will need to apply for and be granted a ‘Bridging Visa B” before you travel. If you need to travel overseas during the COVID-19 pandemic, you will need to apply for and obtain a travel exemption before you will be permitted to return to Australia.
Some of my documents are not in English, how do I go about adding these to my application?
The Department of Home Affairs requires you to provide copies of your original documents (that are written in a language other than English) PLUS the NAATI or accredited English translations.
Do all my documents need to be certified?
Certified copy documents are no longer required. The Department of Home Affairs now accepts quality scanned colour copies (or quality mobile phone photographs) of your original documents.
What if my circumstances change?
If there are any material changes to your circumstances (change of address, change of passport, change of phone number etc.) after you have lodged your partner visa application, you are obliged to notify the Department as soon as possible.You can either complete a Form 1022 Notification of Changes Circumstances and send it to the Department or you can simply update your details in ImmiAccount. Form 1022 can be downloaded here: https://immi.homeaffairs.gov.au/form-listing/forms/1022.pdf.
Our Partner Visa questionnaire can help you find out if you could be eligible to apply for a subclass 820 visa
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Partner visa eligibility test
This 820 Partner Visa Checklist is provided as a general guide only and must not be used as migration advice. Each partner visa application is unique. If you seek personalised advice, we recommend that you book a consultation with one of our experienced registered migration consultants.
Subclass 820 Partner Visa Checklist:
- Form 80 – Character Assessment of Applicant (also required for accompanying dependent children aged 16 years and over)
- At least 2 Statutory Declarations by third parties supporting your relationship (Form 888). We recommend providing 4 to 6 Form 888s.
- Passport biodata page for the applicant
- Passport biodata page for all dependents included in your application
- Passport Photo x2 of the applicant
- Passport Photo x2 of all dependents included in your application
- Full Birth Certificate of the applicant (“Full” means – showing the names of both parents)
- Full Birth Certificate of all dependents included in your application
- Other identity evidence, such as:
- Family book (where relevant)
- Court issued documents (where relevant)
- Change of name evidence, such as:
- Deed poll (where relevant)
- Statutory Declaration (where relevant)
- Marriage Certificate (where relevant)
- Marriage Certificate (where relevant)
- Divorce Certificate (where relevant)
- Separation papers (where relevant)
- Death Certificate for widows/widowers (where relevant)
- Military discharge papers (where relevant)
- Evidence of Shared Accommodation, such as:
- Joint lease agreement
- Bond payment
- Mortgage documents
- Joint property ownership documents
- Utility bills showing your joint names
- Photos of your home
- Evidence of Correspondence Addressed Jointly, such as:
- Online orders for books, clothes, shoes etc
- Letters, cards or invitations sent by mail to you both at your home address – make sure you save the envelopes that show your name, address and the date!
- Letters from your bank, including bank statements, that show your joint home address
- Evidence of Joint Financial Commitments, such as:
- Joint bank account(s)
- Joint credit or debit cards
- Joint insurances
- Joint rental payments
- Joint utility accounts
- Joint pet bills
- Joint gym membership payments
- Joint car loans
- Other joint bills/financial commitments
- Evidence of Joint Memberships of Organisations of Groups, such as:
- Joint gym memberships
- Joint golf/tennis club memberships
- Detailed Relationship Statements for you and your partner.
Additional Documents for Dependent Children
- Parental responsibility documents permitting children under 18 years of age to migrate to Australia (where relevant)
- Adoption papers for children (where relevant)
- Where your child is aged 18 years over, make sure they can be included in your application! Special rules apply.
- Form 80 for dependent children aged 16 years and over.
- Australian Federal Police Clearance for dependent children aged 16 years and over
- Offshore Police Clearances for dependent children aged 16 years and over
Sponsors Personal Documents
- Passport biodata page
- Passport Photo x2
- Full Birth Certificate
- Evidence of employment during the past 2 years
- Evidence that the sponsor is an Australian Citizen, Permanent Resident or eligible New Zealand Citizen
- Australian Federal Police Clearance
- Offshore Police Clearances (where relevant)
Health and Character
- Australian Federal Police Clearances (where applicable)
- Offshore Police Clearances
- Visa medicals
Tick off as you go:
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