Essential Requirements for Subclass 820 Partner Visa

Applying for an Australian partner visa can be a complicated process with many requirements and steps involved.

The Subclass 820 Partner Visa allows the partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen to temporarily live in Australia.

This visa is the first step towards obtaining a permanent Subclass 801 Partner Visa. In this guide, we’ll walk you through the essential requirements and steps to apply for the 820 Partner Visa.

Understanding the 820 Partner Visa

The Subclass 820 Partner Visa is intended for individuals who have a sincere and ongoing relationship with an Australian citizen, a permanent resident, or an eligible New Zealand citizen.

It allows you to stay in Australia while processing your permanent Partner Visa (Subclass 801).

Key Benefits

• Temporary Residence: This visa allows you to live, work, and study in Australia until your permanent visa is processed. Being able to immerse yourself in Australian culture and lifestyle is an invaluable opportunity. It provides a chance to establish roots, making the transition to permanent residency smoother. Additionally, it offers the chance to contribute to the Australian economy through employment and education.
• Pathway to Permanent Residency: The 820 Visa is the first step towards obtaining the subclass 801 Visa partner visa, granting you permanent residency. This pathway is crucial for those seeking a long-term future in Australia. It offers a sense of security and belonging, knowing that permanent residency is on the horizon. The transition from temporary to permanent residency is streamlined through the 820 Visa, making it an attractive option for many couples.
• Access to Medicare: Gain access to Australia’s comprehensive healthcare system, which is a significant benefit of the 820 Visa. Medicare provides essential health services at little to no cost, reducing the financial burden of healthcare. This access ensures that you and your partner can maintain your health and well-being while living in Australia. It’s a testament to Australia’s commitment to supporting its residents, even those on temporary visas.

Partner Visa Checklist

Before diving into the application process, preparing a comprehensive checklist is essential to ensure you meet all the requirements. Here are the critical components:

Relationship Requirements

To be eligible for the 820 Partner Visa Australia, you must demonstrate a genuine relationship with your partner. This includes:

• De Facto Relationship: You must have lived together for at least 12 months unless you have registered your relationship with an Australian state or territory. This requirement ensures that your relationship is genuine and committed. It’s essential to provide evidence such as joint bills, shared lease agreements, and other documents showing cohabitation. Registering your relationship can sometimes waive the 12-month requirement, so it’s worth considering.
• Married Couples: Your marriage must be legal and recognized under Australian law. This means that your marriage should comply with the legal standards set in Australia. If married overseas, ensure that your marriage certificate is translated into English if necessary. Additionally, demonstrate the reliability of your marriage through joint financial accounts, shared responsibilities, and social recognition.

Documentation Needed

Gathering the right documents is crucial for a successful application. Here’s what you need:

• Identity Documents: Essential documents include your passport, birth certificate, and photographs. These documents establish your identity and eligibility for the visa. Ensure that all documents are current and accurately reflect your personal information. It’s advisable to keep multiple copies of each document, as they might be requested at different stages of the application.
• Relationship Evidence: This includes joint bank account statements, lease agreements, and photos together. Collecting a variety of evidence showcasing different aspects of your relationship is vital. This can include shared utility bills, travel journeys, and correspondence between you and your partner. The more comprehensive your evidence, the stronger your application will be.
• Character Documents: Police checks from every country you’ve lived in for 12 months or more over the past 10 years are required. These checks ensure that you meet the character requirements for the visa. It’s important to begin this process early, as obtaining police checks can take time. Ensure that all documents are translated into English if necessary.
• Health Requirements: Undergo a health examination as part of the visa process. This step ensures that you meet the health standards required for entry into Australia. Schedule your health examination with a recognized medical professional to avoid any issues. Keep records of your health examination results, as they might be needed for future reference.

Visa Application Process

Navigating the visa application process can be daunting, but with the right guidance, it becomes manageable. Here’s a breakdown of the steps involved:

Step 1: Prepare Your Application

Start by arranging your documents. Use the provided checklist to ensure you have all the required items. Missing documents could delay or even cause your application to be denied. Make sure all forms are completed properly and double-check that no information is omitted. Consider consulting a migration agent to evaluate your application for any potential issues.

Step 2: Submit Your Application

To apply for the Subclass 820 Visa, you should submit your application online via the Department of Home Affairs website. You will need to set up an ImmiAccount to do so. Make sure that every section of your application is filled out correctly and that you pay the required fee. Get comfortable with the online system to prevent any technical problems when you submit. Also, verify your payment information to ensure the fee goes through without issues.

Step 3: Await Processing

Once your application is submitted, you’ll receive a Bridging Visa, allowing you to stay in Australia while your 820 Visa is being processed. The processing time can vary, but it typically takes about 20-24 months. During this time, maintain your relationship and prepare for any additional information requests. Regularly check your ImmiAccount for updates on your application’s status.

Step 4: Attend Interviews if Required

In some cases, you may be asked to attend an interview to further verify your relationship. Be prepared to answer questions about your relationship history and future plans together. Review your submitted documents to ensure consistency in your responses. Be honest and open during the interview, as this reflects positively on your application.

Onshore Partner Visa Considerations

The 820 Partner Visa is an onshore application, meaning you must be in Australia when you apply and when a decision is made. This differs from the offshore Subclass 309 Visa, which requires you to be outside Australia during these times.

Understanding Onshore vs. Offshore Applications

• Onshore Applications: Onshore applications allow you to remain in Australia while awaiting a decision. This is beneficial as it minimizes disruption to your life and allows you to continue working and studying. It’s essential to maintain your legal status in Australia during this period.
• Offshore Applications: Offshore applications require you to be outside Australia when applying and when the decision is made. This can present challenges, such as being separated from your partner. Consider your circumstances and choose the application type that best suits your situation.

Benefits of Applying Onshore

• Continuity in Lifestyle: Applying onshore allows you to continue your life in Australia without interruption. It offers stability and the opportunity to build a life with your partner while awaiting your visa decision. This can be especially helpful if you have job or school obligations.
• Access to Support Services: Being in Australia while awaiting your visa decision means you have access to local support services. These services can provide assistance and resources to help you navigate the visa process. Utilize these resources to ensure a smooth application journey.

Transition to Subclass 801 Partner Visa

Once you have held the 820 Visa for a certain time and continue to satisfy the relationship requirements, you are eligible to apply for the permanent subclass 801 partner visa.

This grants you permanent residency and further rights in Australia.

Key Steps for Transition

1. Maintain Your Relationship: Continue to provide evidence of your ongoing relationship. Regularly update your relationship evidence to reflect any changes or milestones. This demonstrates the authenticity and commitment of your relationship.
2. Submit Additional Documents: When prompted, provide updated documents and any additional information requested by the Department of Home Affairs. Ensure all documents are current and accurately reflect your circumstances. Be proactive in responding to any requests for additional information.
3. Understand the Transition Process: Familiarize yourself with the transition process from the 820 to the 801 Visa. This involves meeting specific criteria and providing comprehensive evidence of your relationship. Seek guidance from professionals if needed to ensure a successful transition.

Common Pitfalls and How to Avoid Them

Applying for an Australia partner visa can be challenging, and mistakes can lead to delays or refusals. Here are some common pitfalls and how to avoid them:

Incomplete Applications

• Thorough Review: Ensure all forms are filled out completely and accurately. Double-check your documents against the checklist. Missing or incorrect information can result in delays or rejections. Consider having a third party review your application for completeness.
• Attention to Detail: Pay close attention to detail when filling out forms and submitting documents. Even minor errors can lead to complications in your application process. Proofread all documents and ensure consistency in the information provided.

Insufficient Evidence

• Comprehensive Documentation: Provide ample evidence of your relationship, including joint financial commitments, social recognition, and cohabitation. The more comprehensive your evidence, the stronger your application. Collect information from different parts of your relationship to provide a comprehensive overview.

Variety of Evidence: Use a variety of evidence to support your application, such as joint bank statements, shared bills, and photographs. This helps to demonstrate the authenticity and depth of your relationship.

Ensure your evidence is current and accurately reflects your situation.

Ignoring Health and Character Requirements

• Timely Completion: Don’t overlook the health examination and police checks. These are mandatory and can cause delays if not completed promptly. Schedule these appointments early in your application process to avoid last-minute issues.
• Adherence to Requirements: Strictly adhere to the health and character requirements set by the Department of Home Affairs. Not fulfilling these requirements may result in your application being denied. Keep records of all completed checks and examinations for future reference.

Final Thoughts

Applying for the Subclass 820 Partner Visa is a significant step towards building a future in Australia with your partner. By understanding the requirements and preparing your application carefully, you can navigate the process with confidence.

Need Help With Your Subclass 820 Partner Visa Application?

Applying for a Subclass 820 Partner Visa is a significant step towards securing your future in Australia with your partner. However, the process can be complex, requiring detailed documentation and strict compliance with immigration requirements.

With the right guidance, you can strengthen your application and avoid common pitfalls that lead to delays or refusals.

If you’re unsure about your eligibility, need help gathering relationship evidence, or want expert assistance to ensure a smooth transition to permanent residency (Subclass 801 Visa), we’re here to help.

Contact the experts at Emigrate Lawyers for professional guidance and personalized support at every stage of your visa journey.