1. What is an Australia Partner Visa 820?

An Australia Partner Visa 820 is a temporary visa that allows the partner or spouse of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia. This visa is an important step in the process of obtaining permanent residency in Australia through the Partner Migration program. The Partner Visa 820 is typically the first stage of a two-stage process, with the second stage being the Partner Visa 801 (Permanent).

To be eligible for a Partner Visa 820, the applicant must be in a genuine and committed relationship with their Australian partner, meet health and character requirements, and satisfy other visa criteria. The visa allows the applicant to live, work, and study in Australia while the permanent visa application is being processed.

The Partner Visa 820 is a key pathway for couples who wish to live together in Australia and eventually obtain permanent residency. It is important to carefully follow the application process and provide all required documentation to support the visa application.

2. Who is eligible to apply for an Australia Partner Visa 820?

The Australia Partner Visa 820 is designed for partners or spouses of Australian citizens, Australian permanent residents, or eligible New Zealand citizens who wish to live with their partner in Australia. To be eligible to apply for the Australia Partner Visa 820, the following requirements must be met:

1. The applicant must be in a genuine and ongoing relationship with their partner who is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
2. The applicant and their partner must be able to provide evidence of their commitment to each other, such as joint financial obligations, shared accommodation, and social activities.
3. The applicant must meet health and character requirements set by the Australian Department of Home Affairs.
4. The applicant must be in Australia when applying for the visa and remain in Australia until a decision is made on their application.

It is important to carefully review the eligibility criteria and seek advice from a migration agent or immigration lawyer to ensure a successful application for the Australia Partner Visa 820.

3. What are the requirements for the sponsor of an Australia Partner Visa 820 applicant?

The requirements for the sponsor of an Australia Partner Visa 820 applicant are as follows:

1. Age: The sponsor must be at least 18 years old.
2. Relationship: The sponsor must be the partner or spouse of the visa applicant, either married or in a de facto relationship.
3. Permanent residency or citizenship: The sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen.
4. Previous sponsorship: The sponsor must not have sponsored two other partners for migration to Australia in the past, unless certain exemptions apply.
5. Character: The sponsor must meet character requirements, which includes having no significant criminal record and providing police clearances if requested.
6. Assurance of support: The sponsor may need to provide an assurance of support to ensure that the visa applicant does not rely on social welfare payments once in Australia.
7. Other factors: The Department of Home Affairs may consider other factors when assessing the sponsor’s eligibility, such as previous visa sponsorship history or any concerns regarding the genuineness of the relationship.

4. How long does it take to process an Australia Partner Visa 820 application?

The processing time for an Australia Partner Visa 820 application can vary depending on various factors. On average, it typically takes around 12 to 24 months for the Department of Home Affairs to process a Partner Visa 820 application. However, this timeframe can be influenced by different factors such as the completeness of the application, the backlog of applications at the time of lodgment, the complexity of the case, and whether any additional information or documentation is requested by the department. It is important to note that processing times may fluctuate and are subject to change based on current circumstances and government priorities. Applicants are encouraged to regularly check the Department of Home Affairs website for updates on processing times and any changes in visa processing procedures.

5. Can you work in Australia while on a Partner Visa 820?

Yes, as a holder of a Partner Visa 820, you are allowed to work in Australia. This visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live and work in Australia. Once the Partner Visa 820 is granted, the visa holder can work and study in Australia without any restrictions. It is important to note that the Partner Visa 820 is a temporary visa that leads to permanent residency through the subsequent Partner Visa 801 application process. During the processing period of the Partner Visa 820, which can take up to two years, the visa holder can work in Australia and enjoy the rights and privileges of Australian residents.

6. What is the difference between a Partner Visa 820 and a Partner Visa 309?

The main difference between a Partner Visa Subclass 820 and a Partner Visa Subclass 309 lies in the location of the applicant at the time of application and grant. The Partner Visa 820 is applied for onshore, meaning the applicant is in Australia when they apply and also when the visa is granted. On the other hand, the Partner Visa 309 is applied for offshore, meaning the applicant is outside of Australia when they apply, and usually, they remain outside of Australia when the visa is granted. Both visas lead to permanent residency, but the process and requirements can differ slightly based on the applicant’s location at the time of application.

7. Can you include dependent children in an Australia Partner Visa 820 application?

Yes, dependent children can be included in an Australia Partner Visa 820 application. If the applicant has children who are under 18 years old or financially dependent on them, these children can be included as secondary applicants in the visa application. Including dependent children in the application allows them to also be granted a visa to live in Australia with the main applicant who is applying for the Partner Visa 820. It is important to provide all necessary documentation and information about the dependent children in the visa application to ensure a smooth process and to meet the requirements set by the Department of Home Affairs.

8. What are the main reasons for a Partner Visa 820 application to be refused?

The main reasons for a Partner Visa 820 application to be refused include:

1. Insufficient evidence of a genuine and continuing relationship with the sponsoring partner.
2. Failure to meet health or character requirements, such as having a criminal record or a medical condition that could pose a significant cost to the Australian healthcare system.
3. Providing false or misleading information in the application, including fraudulent documentation or inaccurate statements.
4. Not meeting the eligibility criteria, such as being in a de facto relationship for the required period of time or not being able to demonstrate a mutual commitment to a shared life.
5. Inconsistent information provided throughout the application process, leading to concerns about the credibility of the relationship.
6. Lack of financial capacity to support oneself in Australia without relying on welfare benefits.
7. Previous visa cancellations or refusals on record, raising red flags about the applicant’s compliance with Australian immigration laws.
8. Failure to respond to requests for additional information or attend interviews as part of the visa processing requirements.

It is essential for applicants to carefully prepare their Partner Visa 820 application, ensuring that they provide comprehensive and honest documentation to support their relationship and eligibility for the visa. Seeking professional advice and assistance can help avoid common pitfalls that may lead to a refusal.

9. Can you apply for a Partner Visa 820 if you are in Australia on a tourist visa?

No, you cannot apply for a Partner Visa 820 if you are in Australia on a tourist visa. In order to be eligible for a Partner Visa 820, you must be in a valid relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. Additionally, you must be in Australia when you apply for the visa and when a decision is made on your application. If you are in Australia on a tourist visa, you are considered a temporary visitor with no pathway to a permanent visa like the Partner Visa 820. It is important to ensure that you hold the correct visa before applying for any type of permanent visa in Australia to avoid potential immigration issues.

10. What evidence is required to prove a genuine and ongoing relationship for a Partner Visa 820 application?

In order to prove a genuine and ongoing relationship for a Partner Visa 820 application in Australia, a variety of evidence should be provided. This evidence is crucial to demonstrate the nature of the relationship between the applicant and their partner. Some key types of evidence that may be required include:

1. Personal Statements: Detailed statements from both partners outlining how and when they met, how their relationship developed, their living arrangements, and their future plans together.

2. Joint Financial Documentation: This includes evidence of shared finances such as joint bank accounts, bills in both names, and shared assets or liabilities.

3. Social Evidence: Proof of shared social activities, such as photographs together, invitations, and testimonies from friends and family who can attest to the genuineness of the relationship.

4. Communication Records: Evidence of regular communication between partners, such as call logs, emails, messages, or letters exchanged over the course of the relationship.

5. Travel Documentation: Evidence of joint travel, such as boarding passes, hotel reservations, or itineraries that demonstrate the couple’s travels together.

6. Statutory Declarations: Declarations from both partners as well as from friends and family affirming the genuineness of the relationship.

7. Relationship Timeline: A detailed timeline of the relationship from the time of meeting to the present day, highlighting significant milestones in the relationship.

8. Commitment to a Future Together: Demonstrating plans for the future together, such as shared goals, commitments, and aspirations as a couple.

It is important to provide a comprehensive range of evidence to support the application for the Partner Visa 820 and to show the Department of Home Affairs that the relationship is genuine and ongoing.

11. Can you apply for a Partner Visa 820 if you are in a de facto relationship?

Yes, you can apply for the Australia Partner Visa 820 if you are in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. To be eligible for the Partner Visa 820, you must be in a genuine and continuing relationship with your partner. This means that you must have been in a de facto relationship for at least 12 months, unless you can prove compelling and compassionate circumstances, such as if you have children together or if your relationship has been registered in a state or territory in Australia. In addition to meeting the relationship requirements, you must also meet health and character requirements, provide evidence of your identity and relationship, and satisfy all other visa criteria to be granted the Partner Visa 820.

12. What are the financial requirements for an Australia Partner Visa 820 application?

The financial requirements for an Australia Partner Visa 820 application are essential to prove that the sponsoring partner can provide adequate financial support to the visa applicant during their stay in Australia. Generally, the sponsoring partner needs to meet a minimum household income threshold to demonstrate their ability to support the visa applicant. Additionally, financial documents such as tax returns, pay stubs, bank statements, and employment letters may be required to verify the sponsor’s financial capacity to support the visa applicant. It is crucial to ensure that the financial documentation provided is accurate, up-to-date, and meets the specific requirements outlined by the Department of Home Affairs to avoid any delays or complications in the visa application process.

13. Can you include same-sex partners in an Australia Partner Visa 820 application?

Yes, same-sex partners can include their relationship in an Australia Partner Visa 820 application. The Australian government recognizes same-sex relationships for the purposes of partner visa applications, including the 820 visa. To be eligible, the same-sex partners must be able to demonstrate that they are in a genuine and committed relationship. This can be evidenced through various means, such as joint financial commitments, shared household responsibilities, social, and personal aspects of their relationship, among others. The same-sex relationship will be assessed on the same grounds as opposite-sex relationships, and the same requirements and criteria apply to both types of partnerships. It is important to provide sufficient evidence to support the relationship and meet all the necessary requirements when applying for the Australia Partner Visa 820.

14. Can you appeal a decision if your Partner Visa 820 application is refused?

Yes, you can appeal a decision if your Partner Visa 820 application is refused. If your application has been rejected, you will receive a refusal notification from the Department of Home Affairs outlining the reasons for the refusal. In response to a refusal, you can lodge an appeal to the Administrative Appeals Tribunal (AAT) within a certain timeframe, typically 21 or 28 days after receiving the refusal notification. The AAT will review your case independently and make a decision based on the merits of your application. It is crucial to provide any additional evidence or information that supports your eligibility for the visa during the appeal process. Additionally, seeking professional advice from an immigration lawyer or agent can help you navigate the appeal process effectively and increase your chances of a successful outcome.

15. What are the conditions of a Partner Visa 820 once it is granted?

Once the Partner Visa 820 is granted, there are several conditions that the visa holder must adhere to:

1. Stay with your partner: The visa holder must maintain a genuine and ongoing relationship with their Australian partner who sponsored them for the visa. This means living together as a couple and continuing to support each other emotionally and financially.

2. Notify the Department of Home Affairs of any changes: Any changes in circumstances, such as a change of address, employment, or relationship status, must be promptly reported to the Department of Home Affairs.

3. Apply for the Partner Visa 801: The Partner Visa 820 is a temporary visa, and after a certain period of time, the visa holder can apply for the permanent Partner Visa 801. This application must be lodged within the specified timeframe to continue residing in Australia with their partner.

4. Abide by Australian laws: The visa holder must obey all Australian laws and regulations while residing in the country, including maintaining lawful behavior and not engaging in any criminal activities.

5. Access healthcare services: The visa holder is entitled to access healthcare services in Australia through the country’s public healthcare system or private health insurance.

6. Travel in and out of Australia: The visa holder can travel in and out of Australia as many times as they wish until a decision is made on the permanent Partner Visa 801 application.

These conditions are important to ensure that the visa holder complies with the requirements of the Partner Visa 820 and maintains their eligibility for the permanent Partner Visa 801 in the future.

16. Are there any restrictions on where you can live in Australia on a Partner Visa 820?

There are no specific restrictions on where you can live in Australia on a Partner Visa 820. Once the visa is granted, you are free to live anywhere in Australia. However, there are certain requirements you need to meet in order to maintain your visa status:

1. You need to inform the Department of Home Affairs of any change in your address within 28 days of moving to a new place.
2. Your visa is based on your relationship with your partner, so you need to continue living together and maintain a genuine and continuing relationship to be eligible for the visa.
3. If your circumstances change and you are no longer in a genuine and continuing relationship with your partner, your visa may be at risk of being cancelled.

Overall, while there are no specific location restrictions for where you can live in Australia on a Partner Visa 820, it is important to adhere to the visa conditions and requirements to ensure your visa remains valid.

17. Can you travel outside of Australia while on a Partner Visa 820?

Yes, holders of the Australia Partner Visa 820 are allowed to travel outside of Australia. However, there are certain conditions that must be met in order to maintain the visa status and ensure a smooth re-entry into Australia:

Married To/Australian citizen: The visa holder must either be in a de facto relationship or married to an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.

Living in Australia: The applicant must be in Australia at the time of lodging the visa application.

Biometrics: Biometrics are now a requirement for visa applicants and must be provided as part of the visa application process.

Character requirements: Applicants must meet the character requirements set by the Australian government, including providing police checks from all countries where they have lived for 12 months or more in the last 10 years.

Medical examination: The applicant and any dependent family members included in the visa application must undergo a medical examination to ensure they meet the health requirement.

Once these conditions are met, the visa holder can travel outside of Australia. However, it is essential to check the travel conditions attached to the visa and ensure that re-entry into Australia is not impacted by lengthy absences or non-compliance with visa conditions.

18. What happens if the relationship breaks down after a Partner Visa 820 is granted?

If the relationship breaks down after a Partner Visa 820 has been granted, the visa holder may still be eligible to apply for a Subclass 801 visa, which is the permanent partner visa. However, there are specific requirements and procedures that must be followed in this situation:

1. The applicant must inform the Department of Home Affairs about the breakdown of the relationship.
2. The applicant may need to provide evidence to demonstrate that the relationship was genuine and ongoing up until the time of the breakdown.
3. The Department will assess the circumstances of the breakdown and may request further information or evidence.
4. In some cases, the visa holder may still be eligible for the permanent visa if they can show that they have been in a long-term relationship with their partner or if there are compelling reasons for the breakdown of the relationship.

It is crucial to seek legal advice and guidance from a migration agent or lawyer in this situation to understand the options available and how to proceed with the visa application process.

19. Can you apply for Australian citizenship through a Partner Visa 820?

No, you cannot apply for Australian citizenship directly through a Partner Visa 820. The Partner Visa 820 is a temporary visa that allows the spouse or partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia. It is a pathway to permanent residency through the subsequent Partner Visa 801 application. To become an Australian citizen, you would need to meet the eligibility criteria for citizenship, which typically involves holding permanent residency in Australia for a specified period of time, demonstrating good character, and passing a citizenship test. Once you have held permanent residency status for the required period, you can then apply for Australian citizenship through the appropriate channels.

20. What are the costs associated with applying for an Australia Partner Visa 820?

The costs associated with applying for an Australia Partner Visa 820 can vary depending on individual circumstances and factors, but some common expenses include:

1. Application fee: As of September 2021, the cost of the Partner Visa 820 application is AUD 7,715 per applicant.
2. Biometrics fee: If biometrics are required as part of the application process, there may be an additional fee.
3. Health examination: Applicants are usually required to undergo a health examination as part of the visa application process. The cost of the health examination will vary depending on the specific requirements and location.
4. Police clearance certificates: Applicants are also required to provide police clearance certificates from all countries where they have lived for a certain period. The cost of obtaining these certificates can vary.
5. Translation and certification of documents: If any documents are not in English, applicants will need to have them translated by a certified translator. The costs of translation and certification can vary.

It is important to budget for these costs in addition to any other expenses that may arise throughout the visa application process.