820 Visa

Purpose of the Partner Visa 820

The 820 visa is designed to allow the spouse or de facto partner of an eligible citizen or resident to join them in Australia.  The relationship must be genuine and consensual, but it is pretty straightforward if you can prove all of this.  However, the process to obtain permanent residency has multiple steps, so it can result in large amount of time and frustration, and mistakes can result in couples being separated for an extended period of time.  For these reasons, we highly recommend consulting with our immigration experts at The Migration Place to make sure that the visa can be successfully processed as quickly as possible.

Duration of the 820 Visa

The 820 visa is only a temporary visa, but it is a pathway to obtaining permanent residency.  After holding this for a period of time, the Australian government will make the decision about granting a permanent partner visa which allows the holder to remain in Australia indefinitely.

Requirements of the Partner Visa Subclass 820

In order to be eligible for an 820 visa, the applicant must be married to or in a de facto relationship with an Australian citizen, permanent resident of Australia, or an eligible citizen of New Zealand.  An immigration expert can help you determine if one partner is capable of being a sponsor for the other, and they can assist with adjusting the status if they are not.

Benefits of the 820 Visa

Even though the partner visa 820 is only temporary, it still offers a range of benefits to the holder.  First, the holder is allowed to stay in Australia while the permanent partner visa is pending, so the couple can remain together.  Next, it allows the holder to be able to work or study, but it doesn’t provide access to government funding for education.  Also, it allows the holder to enrol in the Medicare system.

The permanent visa provides even more privileges.  It allows the holder to stay in Australia permanently, and it can be a step towards gaining Australian citizenship (after meeting some other eligibility requirements).  Additionally, the holder can now sponsor other relatives for permanent residence in Australia.  The holder is still allowed to work and study, but now they are eligible for government education funding.  Next, a permanent visa holder is eligible to receive Social Security payments.  Finally, the holder is allowed five years of unrestricted travel in and out of Australia, but after this time limit they will have to apply for a different visa.

820 Visa Checklist

The following documents are needed to apply for the visa subclass 820:

1. Forms
   • Form 47SP Application for migration to Australia by a partner
   • Form 40SP Sponsorship for a partner to migrate to Australia
2. Fees
3. Personal Documents
   • Certified copies of your passport
   • Two passport-sized photos
   • Certified copy of your birth certificate
   • National identity card (if applicable)
   • Certified copy of a name change (if applicable)
4. Relationship
   • Certified copies of marriage or relationship registrations
   • Certified copies showing terminations of any previous relationships
5. Health and Character
   • Health identifier if required to undergo health examinations
   • Evidence of health insurance
   • Evidence of an Australian Federal Police National Police Check
   • Police certificates from any country you’ve lived for more than 12 months since turning 16
6. Sponsorship
   • Evidence that your sponsor is an Australian citizen or permanent resident, or an eligible citizen of New Zealand
   • If your sponsor isn’t a citizen, evidence that they usually live in Australia

If you are confused or unsure about any of the items on the 820 visa checklist, don’t hesitate to contact The Migration Place to get a more detailed explanation.  Submitting the incorrect documents can lead to delays or denials of the visa.

820 Visa – How to Apply

The applicant for the partner visa 820 must be in Australia when submitting the application.  Both visas, temporary and permanent, are applied for at the same time, but the second one is granted about two years after the first.

Bringing Other Family Members

The visa subclass 820 allows the holder to bring dependent children, but they must also be in Australia when you apply (and be included in your application).  Unfortunately, it doesn’t allow you to bring other family members, except in very special circumstances.  However, later on there is a possibility to bring other eligible family members by sponsoring them for permanent residency, and an immigration lawyer can help you plan for this to make it happen as quickly as possible.