For couples hoping to build a life together in Australia, the Partner Visa Subclass 820 serves as an important step toward permanent residency. This visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live temporarily in Australia. It is especially valuable for couples already residing in Australia who wish to continue their relationship while going through the legal process. Understanding the eligibility, application procedure, and legal requirements of this visa is crucial for a successful outcome.
Overview of Partner Visa Subclass 820
The Partner Visa Subclass 820 is a temporary visa that provides a pathway to the permanent Partner Visa Subclass 801. The Subclass 820 allows applicants to stay in Australia while their permanent visa application is processed. This visa is designed to recognize genuine and ongoing relationships, including both married and de facto couples. One of the primary benefits is that it grants full work and study rights while applicants wait for a decision on their permanent visa.
Eligibility Criteria
To be eligible for the Subclass 820 visa, applicants must meet several key requirements:
- Be in a genuine and continuing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
- Be in Australia when applying for the visa and when the temporary visa is granted.
- Be married or in a de facto relationship for at least 12 months (unless registered under state law).
- Meet health and character requirements.
- Have no outstanding debts to the Australian government.
In addition to these criteria, both the applicant and sponsor must provide sufficient evidence to support the authenticity of their relationship.
Application Process
The application process for the Partner Visa Subclass 820 can be complex and time-consuming. It generally involves two stages: the initial application for the temporary visa and the later assessment for the permanent visa.
Step 1: Gathering Documentation
The first step is collecting the necessary documents to support the application. This includes identity documents, relationship evidence, and police certificates. Evidence may include:
- Joint bank accounts and financial commitments
- Lease or property ownership documents showing shared residence
- Photos together and communication records
- Statements from friends and family affirming the relationship
Step 2: Submitting the Application
Applications are submitted online through the Department of Home Affairs website. The applicant must be onshore at the time of submission. The application includes a visa fee and requires the sponsor to complete a separate sponsorship form.
Step 3: Bridging Visa Grant
Once the application is lodged, the applicant is typically granted a Bridging Visa A (BVA), which allows them to remain in Australia lawfully while the Subclass 820 is processed. The BVA provides work rights and access to healthcare services.
Step 4: Waiting Period
The processing time for the Partner Visa Subclass 820 can range from several months to over a year. During this time, applicants are expected to continue living in Australia and may be required to provide updated documents or attend interviews.
Supporting a Genuine Relationship
Proving a genuine and continuing relationship is at the heart of a successful Partner Visa Subclass 820 application. The Australian government examines the relationship across four categories:
- Financial aspects: shared finances, joint bills, or investments
- Social aspects: joint social activities, mutual friends, and public acknowledgment of the relationship
- Nature of the household: shared domestic responsibilities and living arrangements
- Commitment to each other: future plans, emotional support, and communication history
Applicants are encouraged to present a variety of documents and detailed statements explaining the timeline and nature of their relationship.
Obligations of the Sponsor
The sponsoring partner plays a significant role in the visa process. They must agree to support the applicant financially and help them settle into life in Australia. The sponsor must also pass a character test and provide identification and personal background documents. In some cases, a sponsor may be limited from sponsoring multiple partners within a specific timeframe.
Transition to Permanent Residency
Once the Subclass 820 visa is granted, the applicant is eligible to apply for the permanent Partner Visa Subclass 801. This typically occurs two years after the initial application, although some exceptions may allow for earlier consideration. The Subclass 801 visa provides permanent residency, allowing access to additional government benefits, continued work rights, and the possibility of applying for Australian citizenship in the future.
Visa Conditions and Rights
Holders of the Partner Visa Subclass 820 enjoy several important rights, including:
- Unrestricted work rights
- Access to Australia’s healthcare system (Medicare)
- Study in Australia without limitation
- Eligibility to travel in and out of Australia (with a Bridging Visa B, if needed)
There are generally no specific conditions tied to the Subclass 820, but applicants must remain in a genuine relationship with their partner during the application process.
Common Challenges and Pitfalls
Applying for a Partner Visa Subclass 820 can be a stressful and lengthy process. Common issues faced by applicants include:
- Insufficient evidence of the relationship
- Inconsistencies in personal statements
- Delays due to missing or unclear documents
- Misunderstanding visa conditions or obligations
To avoid these pitfalls, many applicants seek assistance from registered migration agents or legal professionals familiar with Australian immigration laws.
Benefits of a Successful Application
Securing the Partner Visa Subclass 820 provides a path for couples to build a stable future in Australia. From full work and study rights to eligibility for permanent residency, the benefits are substantial. The process may be complex, but for couples genuinely committed to their relationship, the reward is long-term stability and legal recognition within the Australian immigration framework.
The Partner Visa Subclass 820 is more than just a temporary visa it’s a gateway for couples to begin a new chapter of their lives in Australia. With the right preparation, documentation, and understanding of the requirements, applicants can navigate the system successfully. For those seeking to live with their partner in Australia, this visa provides a clear and structured pathway toward permanent residency and ultimately, Australian citizenship.