Australia Immigration

Partner visa (temporary)- subclass 820

The temporary partner visa lets the de facto partner or spouse of the Australian citizen, Australian permanent resident, or eligible New Zealand citizen live in Australia temporarily. If this visa is granted then it is the first step towards a permanent partner visa, Subclass 801.

WHEN THIS VISA IS GRANTED WHEN WHAT CAN YOU DO IN THE MEANTIME?

  1.  Stay in Australia while the permanent residency visa is processing. 
  2. Work and study in Australia while the permanent residency visa is processing. But the study can be only done at your expense, the government will not pay any fee or study cost. 
  3. Travel to & fro from Australia as much as you want. 
  4. You can attend the English program which is, the Adult Migrant English process if you are eligible for that.
  5. You can apply for the health program as well. 

ELIGIBILITY

  1. Be of the right age – The married applicant should be 18 or older when they are applying. This is because of the Australian marriage act; the person should be older than 18 years of age. And if the marriage is de facto then also he/she must be 18 years old or older.
  2.  Have a sponsor – The person applying for this Visa must have a sponsor, and in usual cases, the sponsor is the partner and he/she must be approved by the immigration of Australia. The sponsor cannot be changed up to 2 years after you are granted the temporary partner visa. 

Meet the relationship requirements-

You must be the spouse or de facto partner of an:

  1. Australian citizen
  2. Permanent resident of Australia or any eligible New Zealand citizen.  (It doesn’t matter that you have a relationship with the same or any different gender.
  3. MARRIED PERSON: – he/she has a mutual commitment with the spouse to the exclusions of the others. 
  4. The relationship is continuing and genuine.
  5. Living together or not living apart for a longer time.
  6. The applicant should not be related by blood or family.
  7. Provide the documents such as the relevant territory or state agencies for birth, deaths, and marriages. 

  8. DE- facto relationship- A De facto relationship is defined when the partners are not married, the relationship they are leading is genuine and continuing, not related to the family, living together or are not living apart for a longer time and have a mutual commitment with the partner to the exclusions of all others. The de facto relationship is valid only if you are in a relationship for at least 12 months before applying. Dating or online chatting is not considered a relationship. The 12 months requirements don’t apply to those whose partner holds a permanent humanitarian visa, the de facto relationship existed before the grant of the visa, and the partner involved in the de facto relationship told the immigration about the details of the relationship also if you have registered the relationship with the Australian authorities such as the registry of births, deaths, and marriages.

  9. Meet the health requirements -The applicant, his/her family, and dependent children must meet the health requirements to be applicable for the temporary visa. The health examination was to be undertaken by a MOC (Medical Officer of Common health). If more than 18 months have passed since the last test is completed or more than 15 months have passed since the National Police Certificate was issued by the Australian Federal Police, new checks will be required to progress the application.

  10. Meet the character requirements- The main applicant, his/her dependent child, or member of the family, who applies for the visa must meet the requirements of the character requirements. Family members who are not accompanying Australia could require the character requirements too.

  11. Have no pending debt to the Australian government- If the applicant, or family members, have any pending dues or any sort of debts to the Australian government must be paid off or should be paid before the application. Family members who are not accompanying to Australia might also get included.

  12. Did not have a visa cancelled or an application refusal.

  13. Be in Australia when the application proceeds.

  14. Do not hold a regional visa such as a skilled independent regional visa, subclass 475 (regional sponsored- skilled) visa, subclass 487( skilled- regional sponsored) visa, or skilled regional provisional visa, which must have held these visa for two years; and subclass 491 (skilled work regional visa), subclass 494 (skilled employer-sponsored regional visa) which must have held these visa for at least three years before the application.

  15.  Best interest of the child – If a person applying is the age of 18, the visa can’t be granted if it’s not in the best interests of the child.

  16. The applicant and the dependants should meet all the visa conditions and requirements and obey all Australian laws. 

Documents required for a temporary visa.

Partner visa (temporary)- subclass 820
  1. Age proof.
  2. Nomination showing document. 
  3. Visa history.
  4. Sponsorship showing document. 
  5. If you are holding a substantive visa, then the proof of that.
  6. Health insurance proof.
  7. English proficiency proof.
  8. Character proof.
  9. Debt clearance proof. 

The applicant could include members of the family when the application for the visa is lodged and you can also add a dependant child after the application is lodged but before the temporary visa is decided. The family members who are applying should meet all the requirements related to health and character. If the applicant has a prospective marriage visa (subclass 300), their family can be included and cannot be included if the application is submitted. 

Health insurance

The applicant can be eligible for the Australian public health care system, and medical care, depending on the circumstances meanwhile waiting for the decision on the visa application. If you are not eligible for health insurance, the best recommendation is to take out health insurance to cover any unforeseen medical treatment which might appear while you stay in Australia, otherwise, personal liability arises. Health insurance can limit financial liability. 

There are also certain reciprocal healthcare agreements between certain countries with Australia which you can read on the immigration website. And if you have a blue or a green card with you, you can get Australian residents private health insurance. 

Cost

Cost of the Visa for temporary Visa and Permanent Partner Visa (subclass 801) are as follows: –

Main applicant- AUD 8,085 

Prospective Marriage Visa (Subclass 300 holders)- AUD 1,350. 

If you previously applied for a prospective marriage Visa but didn’t apply for the subclass 820 and 801 visas before that visa expired:- AUD 1,710. 

There is a separate fee for each family member that applies to the main applicant. The visa will not proceed further if the Visa fee is not deposited. Extra charges such as health checks, biometrics, and police checks can also be altered. 

Processing Time

The following time is generally taken to process an application:- 

25% of the application- 6 months 

50% of the application- 9 months

75% of the application- 18 months 

90% of the application- 37 months

And the process could vary from person to person and the documentation. Complex cases can take more time to proceed. The timings provided above are just for reference for the idea of completion. You cannot wholly depend on the timelines provided above. And the application can take a longer time to proceed if it is not filled in correctly, the documents which are required are not uploaded correctly and more information is needed also the verification and authenticity of the information would take time to get checked. 

After Application process

  1. Organisation of health examinations.

  2. Application status updates.

  3. Travel updates. 

  4. Biometrics checked and updated.

  5.  If there is any more information, then get it attached.

  6.  Family members are added.

  7.  If things are postponed or changed then inform the immigration and why.

  8. Relationship is no longer valid, or it ends. 

  9. Law is properly followed while submission of the documents. 

  10. If there is required help needed in the further application process.

  11. Mistakes are present in the application. 

Additional Points

  1. If the visa is granted then the immigration will provide the visa grant number, the date of visa starts, and visa conditions if any.
  2. If there is a refusal of the visa then the immigration will let you know why they have refused the visa, and whether the applicant has a right to review the decision.
  3. Australian visa is digital. The passport has no physical visa label. The digital visa record is linked directly to the passport. And the digital information is checked mainly by airlines, Australian government agencies, employers, banks, or other registered organizations. 
  4. To get the permanent partner visa (subclass 801), you must have this subclass 820 visa. And if any new visa is granted in the meantime, then it will replace your subclass 820 visa, furthermore, the applicant will not be eligible for the permanent partner visa (subclass 801). 
  5. You can live on this visa until you are granted a permanent partner visa. 
  6. There is no refund of the application fee when immigration refuses the application in any manner. 
  7. With the temporary partner visa, you can work and will have full working rights which will be protected by Australian workplace law. The workers who are employed in Australia have equal rights as the workplace laws in Australia. Employers who are engaged as foreign workers must ensure that they comply with both Australian workforce laws and immigration laws. 

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