Partner Visa Subclass 820
Subclass 820 Partner Visa in Australia: An Overview
Understanding the Subclass 820 Visa: The Subclass 820 Partner visa is a temporary onshore partner visa that allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia. It is the first step in Australia’s two-stage partner migration process. Applicants must be inside Australia at the time of application and visa decision, reflecting its onshore nature. Upon grant, the 820 visa lets the holder live, work and study in Australia while waiting for the permanent Partner visa (Subclass 801) to be processed. During this period, 820 visa holders can access Medicare and enjoy full work rights as they transition to permanent residency.
Temporary Visa Leading to Permanency:
Unlike many temporary visas, the Subclass 820 is paired with the permanent Subclass 801 visa. Both are applied for in one combined application and one fee. If the 820 visa is approved, the applicant becomes eligible for assessment for the Subclass 801 (permanent residence) typically after a waiting period. The standard waiting period is about two years from the date of the 820visa application, during which the couple must remain in a genuine relationship. After this period, the applicant provides updated evidence to obtain the 801visa. Notably, long-term relationships (at least three years, or two years with a child) can be granted the permanent 801 visa relatively quickly, skipping the usual wait. This structure reflects Australia’s commitment to ensuring a relationship’s genuineness over time before granting permanent residency.
Eligibility Snapshot:
To qualify for a Subclass 820 visa, the applicant must be married to or in a de facto relationship with the Australian partner and meet various health and character requirements. The sponsoring partner must also be eligible. Both parties need to be aged 18 or over, except in extraordinary circumstances. The applicant must generally hold a substantive visa (or meet specific criteria if they do not) at the time of applying. Overall, the Subclass 820 Partner visa offers a pathway for couples to reunite in Australia and start the journey towards permanent residency, provided they satisfy the Australian partner visa requirements at each stage.
Transition to Permanent Visa:
The Subclass 820 visa is temporary, but it allows applicants to remain onshore and integrate into Australian life while awaiting the permanent visa. This means you can continue employment, pursue studies, and build your life in Australia with your partner. After obtaining the 820 visa, it is crucial to maintain the relationship and comply with visa conditions. The Department of Home Affairs will later assess the continuation of the genuine relationship, among other factors, when considering the Subclass 801 grant. In essence, the 820 Partner visa serves as a provisional testing period that ultimately leads to permanent residence (Subclass 801) for those who demonstrate a sustained, genuine partnership.
Conclusion:
The Subclass 820 Partner visa is central to Australia’s family migration program, enabling couples to live together in Australia during the transition to permanency. Given its importance, applicants often seek guidance from immigration lawyers to ensure all criteria are met and that the application is thorough. In subsequent posts, we will delve deeper into the specific requirements and legal considerations – from eligibility criteria and sponsorship obligations to common pitfalls and post-refusal options – to help you navigate the partner visa process with confidence and legal clarity.
Need Help with Your Partner Visa?
Navigating the Subclass 820 Partner visa process can be complex, especially with evolving requirements and strict documentation standards. At Visamigo Lawyers, we focus on partner visa applications and provide tailored legal advice to help you lodge a strong, complete application from the outset. Whether you’re just beginning your journey or facing issues mid-process, our experienced team is here to support you every step of the way. Let Visamigo Lawyers make your path to permanent residency clearer, smoother, and more secure. Reach out today for a consultation.
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Disclaimer: Important notice for all our social media followers and website readers. Content shared here by Visamigo Lawyers and its affiliates is not to be considered as immigration or legal advice. It is intended for informational purposes only and should not be used as a substitute for professional guidance. This material offers general insights (accurate at the time of posting, subject to updates) and is not exhaustive. Prior to any application, it is recommended you consult an Australian Lawyer for personalised advice. Your journey matters, so ensure you're properly informed.
