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Subclass 820 Visa Requirements
The minimum requirements of the Subclass 820 visa are set out below. Please note that the 820 visa is the first part of the subclass 801 visa.

 

 

Relationship

If your application is based on a marriage:

  • you must be legally married to an Australian citizen, permanent resident or eligible New Zealand citizen

If your application is based on a de facto relationship:

  • you must have been in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen for at least 12 months prior to lodging your application (unless there are compelling or compassionate circumstances) AND
  • you and your partner must both be at least 18 years old, and must not be closely related

In all cases:

  • you and your spouse/partner must be in a mutually exclusive relationship;
  • that relationship must be genuine and continuing
  • you and your spouse/partner must either live together, or live apart on a temporary basis only
Sponsor

Your sponsor must:

  • be an Australian citizen, permanent resident or eligible New Zealand citizen
  • not have previously sponsored more than one other fiancé, partner or spouse for migration to Australia, and not have sponsored a fiancé, spouse or partner for migration to Australia within the last 5 years (unless there are compelling circumstances)
  • not have been sponsored for a Spouse, Partner or Prospective Marriage visa by someone else within the last 5 years (unless there are compelling circumstances)
  • provide police clearance certificates to the Department of Home Affairs (DHA) for each country in which he/she has lived for at least 12 months during the last 10 years AND consent to the DHA disclosing any conviction for a ‘relevant offence’ to you and any family members included in your application.

Note: A relevant offence includes, but is not limited to: offences involving violence, intimidation, breaching a protection order, people smuggling, human trafficking and dangerous weapons.

Your sponsor will NOT be eligible to sponsor your visa application if he/she has a conviction for a relevant offence AND a significant criminal record. If you are concerned about any offences you may have, please book a consultation with us as soon as possible to discuss your best course of action!

 

APPLICATION PROCESS

Your Partner visa application is lodged with the Department of Home Affairs (the DHA) on behalf of you and your 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 both at the time your application is lodged, and when your visa is granted.

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 remain in Australia until your application for permanent residency has been decided by the DHA.

Next Steps: Permanent Residency Subclass 801 Visa

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.

PLEASE NOTE: We estimate that it may take several weeks to prepare and lodge your application, with the time taken largely dependent on how promptly you (and your sponsor, if applicable) provide us with the necessary supporting information and documents.

The time that it takes the DHA to process your application is dependent upon its processing time service standards, and may also vary due to a number of other factors, including the complexity of your case, perceived risk factors and processing priorities.

Please book a consultation with us to go through your situation and discuss the best options for you in order to move forward.

Now you know the subclass 820 visa requirements, do you want to get the ball rolling on your application? Of course you do! Book your free telephone or Zoom consultation now! Click here to book.