Temporary Partner Visa (Subclass 820)

Temporary Partner Visa (Subclass 820)

A de facto partner or spouse of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen may live in Australia temporarily under visa subclass 820. The visa subclass 820 serves as your initial visa granting temporary residency in Australia, paving the way for your potential permanent residency through the Partner Visa subclass 801 application. Unfortunately, this application has a nearly 40% rejection rate and entails costly government fees. Therefore, to enhance your prospects of success, this article aims to inform you with all essential information required for this process.

Process

Costs:

The costs associated with the temporary partner visa are from AUD 8,850.00 for most applicants or from AUD 1,475 for prospective Marriage visa (subclass 300) holders. There are also other fees that may be applicable such as

• Fees for each family member that applies for the visa with the applicant; and
• Health checks, police certificates and biometrics if required.

This Visa Allows you to:

• Live, work and study in Australia;
• Travel to and from Australia as many times as you want;
• Depending on your eligibility you may attend free English language classes provided by the Adult Migration English Program; and
• Apply for access to Medicare. 

Eligibility:

To be eligible for this visa you must

• Be in a genuine relationship with your spouse or de factor partner who is an Australian Citizen, permanent resident, or eligible New Zealand citizen;
• Have your spouse or de facto partner sponsor you;
• Not had a visa cancelled or an application refused;
• Not hold certain regional visas;
• Be 18 or older;
• Meet the health requirement;
• Meet the character requirement;
• Have no debt to the Australian Government;
• Be in Australia when you apply for this visa as well as any family who also apply with you; and
• Be in or outside Australia when the temporary visa application is decided.

Adequate Healthcare:

You may be eligible to access Australia’s public health care system, Medicare, while awaiting your decision for the permanent partner visa.

If you are not eligible for Medicare, it is recommended to take out health insurance to cover any unforeseen medical treatment you may need in Australia, otherwise you will be personally liable for all healthcare costs while residing in Australia.

Some countries have a reciprocal healthcare agreement with Australia to which help costs for medically necessary care. Australia has agreements with;

• Belgium;
• Finland;
• Italy;
• Malta;
• The Netherlands;
• New Zealand;
• Norway;
• The Republic of Ireland;
• Slovenia;
• Sweden; and
• The United Kingdom.

You may also get an Australian residents’ private health insurance if you have an interim (blue) Medicare card or a full (green) Medicare card.

Step-By-Step Guide:

Step 1: Before you apply for the visa:

If necessary, you may appoint someone to give you immigration assistance. If you appoint someone, they must be a;

• Registered migration agent;
• Legal practitioner; or
• An exempt person.

To appoint someone, use Form 956 Appointment of a registered migration agent, legal practitioner or exempt person. 

Step 2: Gather your documents:
When gathering the required documentation, it is crucial to collect various items. These include identity documents, character documents, evidence of relationships and, if applicable, documents pertaining to any children under the age of 18. For children under 18, the necessary documents include proof of identity, evidence of the relationship, character documents (if necessary), and parental responsibility documentation.

For children over 18, eligibility criteria apply. They must be between 18 and 23 years old and dependent on either the applicant or their partner. Alternatively, if they are over the age of 23, they must have a physical or cognitive limitation that prevents them from earning a living and are dependent on the applicant or their partner.

Partner documents must be provided to provide evidence of your relationship. This evidence must show that:

• You have a mutual commitment with your spouse or de facto partner to the exclusion of all others;
• Your relationship is genuine and continuing;
• You live together or don’t live permanently apart; and
• You are not related by family.

The documents regarding to your partner must be in writing and include details such as:

• How, when and where you first met;
• How your relationship developed and any key milestones such as moving in together, engagement or marriage;
• What you do together;
• Time spent apart;
• Significant future events; and
• Future plans.

You must provide supporting evidence of your relationship such as finances, household evidence, social matters, and evidence of your long-term committed relationship. Regarding social matters, you must demonstrate that other people were aware of your relationship and present testimony from two witnesses who are 18 years or older and knew about your relationship. In relation to commitment, you must present proof that you are not related by blood and are aware of each other’s backgrounds and familial circumstances in addition to having combined personal concerns and staying in touch.

Step 3: Applying for the visa:

You must log in or register for an ImmiAccount in order to submit a new application under the family and Stage 1 partner or prospective marriage visa categories. You must pay the supplementary visa application fee and attach all relevant documents to this application. Your sponsor must apply for sponsorship, however, can only do so once you provide them with your transaction reference number (TRN).

Step 4: After applying:

Please be advised that there will be no status updates while you wait for the Department to decide. To speed up the processing of your application, make sure you get health checks completed as soon as possible and keep the department informed of any updates to your application, such as changes to your contact information or the birth of any children. You might still be qualified for a temporary or permanent visa even if your relationship terminates or your spouse passes away; for further details, read your relationship has changed. 

Step 5: Visa Outcome:

You can be inside or outside Australia when the decision is made. This decision will be made in writing, and if approved, you will be informed of your visa grant number, the start date of your visa, and any applicable conditions.

If your visa application is denied, you will be informed of the reasons for the denial and if you are entitled to a review of the decision.

Please note the application fee will not be refunded if the application is refused.