Subclass 820/801

Expert Guidance for Your Partner Visas

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Emigrate Lawyers is your trusted partner in navigating the complexities of the Partner Visa (Subclass 820/801) application process. Our dedicated team of immigration lawyers understands the importance of reuniting families and is committed to providing you with expert legal guidance every step of the way.

This page covers everything you need to know, including eligibility criteria, required documents, the step-by-step application process of onshore Partner Visa, and key differences between these visas. Our experienced immigration lawyers specialize in Partner Visa applications, ensuring a smooth process and the best chance of success. Start your journey to living in Australia with your partner today!

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    Purpose of Partner Visa (Subclass 820)

     

    The purpose of the Subclass 820 Visa is to allow the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to enter or remain in Australia. The applicant is initially granted a temporary visa, and is eligible for permanent residency Subclass 801 Visa if the relationship still exists after a two-year waiting period. The minimum requirements for this visa are as follows:

     

    Partner Visa (Subclass 820/801) Stages

    subclass-820-801

    Two Stages

    STAGE 1 ➡️ Temporary Partner Visa (Subclass 820)

    This is the initial stage of the Partner Visa application process. Getting this visa is the first step towards a permanent Partner visa (subclass 801). It allows the applicant to live in Australia temporarily while their permanent Partner Visa (Subclass 801) application is being processed.

    This is a temporary visa
    This leads directly to the permanent Partner visa
    You must be in Australia when you apply
    STAGE 2 ➡️ Permanent Partner Visa (Subclass 801)

    After a certain period of time, typically two years after the initial application, if the relationship is still genuine and ongoing, the applicant becomes eligible for the permanent stage of the Partner Visa. This stage grants permanent residency in Australia.

    This is a permanent visa
    You must hold a temporary Partner visa (subclass 820)

    Key Eligibility Criteria

    To qualify for the Partner Visa (Subclass 820), the Applicant (an overseas Citizen) must:

    • Be present in Australia to initiate the application process.
    • Not hold certain types of visas at the time of application.
    • Be partnered with a Sponsor who is either an Australian Citizen, Permanent Resident, or eligible New Zealand Citizen.
    • Satisfy the requirements for either a Spousal or De Facto relationship.
    • Fulfill the criteria outlined in the “4 Pillars” to demonstrate the genuineness of the relationship.
    • Meet the stipulated character and health standards.
    • Demonstrate a mutual commitment within the relationship.
    • Maintain a continuing and genuine relationship throughout the application process.

    These criteria represent the minimum requirements. Additional information may be necessary from both the Applicant and the Sponsor to establish eligibility.

    We offer in-depth consultations to discuss your specific situation in detail. Please reach out to our Office to schedule an appointment.

    Application Process

    Eligibility Check: Ensure that you and your partner meet all the eligibility criteria before proceeding with the application.
    Gather Documentation: Collect all necessary documents to support your application, including evidence of your relationship, identity documents, health examinations, and character assessments.
    Lodge Application: Submit your application.
    Temporary Visa Grant: Upon successful submission, you will be granted the Temporary Partner Visa (Subclass 820), allowing you to live and work in Australia temporarily.
    Wait for Permanent Visa: After the specified waiting period and provided that your relationship is still genuine and ongoing, you will be eligible for the Permanent Partner Visa (Subclass 801), granting you permanent residency in Australia.

    Visa Application

    Application Lodgement

    Your Partner visa application is lodged with the Department of Home Affairs (the DHA) on behalf of Applicant and Sponsor. The main criterion is that the relationship and your sponsor meet the requirements referred to above. In addition, you must meet the standard health and character checks.

    Following lodgement of your application, you and your spouse/partner may be asked to attend an interview with the DHA. In some cases, the DHA may visit your place of residence and/or conduct other checks to verify your relationship.

    You must be in Australia when your application is lodged. You may be either in or outside Australia when your visa is granted.

    The image is showing an personal application form for Subclass 309/100 featuring fields for applicants with first name, email address, etc.

    Subclass 820 Processing Time: A Detailed Guide

    Application Lodgement

    If you’re applying for a partner visa in Australia, understanding the Subclass 820 processing time is essential. The Subclass 820 processing time can vary based on numerous factors, and being aware of these can help you prepare for your application journey. Let’s break down everything you need to know about the Subclass 820 processing time.

    How Long is the Subclass 820 Processing Time?

    The Subclass 820 processing time depends on the workload of the Department of Home Affairs, the completeness of your application, and your individual circumstances. On average, the Subclass 820 processing time is as follows:

      • 25% of applications: Completed within 6 months.
      • 50% of applications: Completed within 12 months.
      • 75% of applications: Completed within 20 months.
      • 90% of applications: Completed within 25 months.

    Keep in mind that these estimates are subject to change, so it’s always good to check for the latest updates regarding the Subclass 820 processing time on the official government website or consult with migration experts.

    Why Does the Subclass 820 Processing Time Vary?

    The Subclass 820 processing time can vary due to several reasons, including:

      • Completeness of Your Application: Missing documents can cause delays in the Subclass 820 processing time.
      • Character and Health Checks: Delays in obtaining police clearances or health assessments can impact the Subclass 820 processing time.
      • Complexity of the Case: Unique circumstances or the need for additional evidence can increase the Subclass 820 processing time.
      • Peak Application Periods: High volumes of applications can extend the Subclass 820 processing time for everyone.

    How to Minimize Subclass 820 Processing Time

    To reduce the Subclass 820 processing time, follow these steps:

      • Submit a Complete Application: Ensure all required documents are provided to avoid unnecessary delays in the Subclass 820 processing time.
      • Provide Strong Evidence: Demonstrating your genuine and ongoing relationship can help streamline the Subclass 820 processing time.
      • Respond Quickly: Address any requests from the Department promptly to avoid adding to your Subclass 820 processing time.
      • Get Professional Help: An experienced migration lawyer can guide you through the process, ensuring your Subclass 820 processing time is not unnecessarily prolonged.

    Subclass 820 Processing Time and Your Next Steps

    While waiting for your Subclass 820 processing time to be completed, it’s important to stay informed and prepared. Remember, the Subclass 820 processing time is just one part of your migration journey. With patience and the right guidance, you can achieve your goal of living in Australia with your partner.

    Expert Help with Subclass 820 Processing Time

    At Emigrate Lawyers, we understand how critical the Subclass 820 processing time is for you and your partner. Our team specializes in partner visa applications and can help reduce the stress and uncertainty surrounding the Subclass 820 processing time. Contact us today for expert advice and assistance with your Subclass 820 visa application.

    Unlawful Applicants

    If you are unlawfully in Australia at the time of your application, you must demonstrate that there are compelling reasons to justify the regularising of your immigration status.

    Acceptable ‘compelling reasons’ could include an inability to attain lawful status due to reasons outside your control e.g. severe illness or incapacity. The existence of a genuine de facto partnership or marriage, or hardship that you would suffer should you be required to live apart from your spouse or partner whilst you apply for your visa, are not generally considered to be ‘compelling reasons’ for this purpose.

    Visa Grant

    This visa, which is valid for a ‘stand-down period’ of approximately two years from the date of the application’s lodgement, allows you to enter remain in Australia until your application for permanent residency has been decided by the DHA.

    Next Steps: Permanent Residency

    You will be eligible for permanent residency two years after lodging a successful temporary partner visa application, provided your de facto partnership or marriage continues to meet the requirements listed above. At this stage, you will be required to provide further evidence to the DHA to establish your eligibility for permanent residency. You may be either in or outside Australia when your permanent visa is granted.

    Why Choose Emigrate Lawyers?

    Our team of seasoned immigration lawyers possesses in-depth knowledge and extensive experience in handling migration applications. We stay updated with the latest legal developments to offer you the best possible advice and representation.

    We recognise that every client’s situation is unique. At Emigrate Lawyers, we take the time to understand your specific circumstances and tailor our services to meet your individual needs. Our goal is to provide you with the most effective legal strategies to ensure a successful outcome.

    We believe in transparent and predictable legal costs. Our fixed fee guarantee ensures that you know exactly what to expect, with no hidden charges. This allows you to focus on your case without worrying about financial uncertainties.

    Your satisfaction is our top priority. We are committed to delivering exceptional service and achieving the best possible results for our clients. Our track record speaks for itself, with countless successful Protection Visa applications and satisfied clients.