Australia Visa – Partner – Onshore Temporary Partner Visa 820

1. What is the purpose of an onshore temporary partner visa?


The purpose of an onshore temporary partner visa is to allow a person who is in a genuine and ongoing romantic relationship with an Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia temporarily while their permanent visa application is processed. It enables the foreign partner to stay with their Australian partner during the processing of their permanent visa, without having to leave the country.

2. Who can apply for an onshore temporary partner visa?


Australian citizens, permanent residents, and eligible New Zealand citizens can apply for an onshore temporary partner visa. They must also meet the eligibility criteria outlined by the Department of Home Affairs, such as being in a genuine and ongoing relationship with their partner, meeting health and character requirements, and being able to provide sufficient evidence to support their application.

3. How long does it take to process an onshore temporary partner visa?


The processing time for an onshore temporary partner visa can vary depending on individual circumstances, but the current average processing time is approximately 18 to 21 months. This timeframe includes the initial processing of the visa application as well as any additional requests or delays. It is important to note that this processing time may change and it is always recommended to check the current processing times through the Department of Home Affairs website.

4. Can I work in Australia on an onshore temporary partner visa?


Yes, you can work in Australia on an onshore temporary partner visa. The subclass 820/801 partner visa allows you to work in Australia while your application for permanent residence is being processed. You will need to obtain a valid work permit, which will be automatically included with your partner visa application. Once granted, this permit will allow you to work in any occupation and for any employer in Australia.

5. Can I study in Australia on an onshore temporary partner visa?


Yes, you can study in Australia on an onshore temporary partner visa. If you are the primary visa holder of a temporary partner visa (subclass 309 or 820), you are eligible to study in Australia for up to five years. However, your partner must also hold a valid visa that allows them to study in Australia if they want to accompany you. Additionally, you will be required to meet the same financial and English language proficiency requirements as other international students. Please note that this information may be subject to change and it is best to check with the Department of Home Affairs for the most up-to-date information and requirements.

6. What are the basic requirements for an onshore temporary partner visa?


The basic requirements for an onshore temporary partner visa (subclass 820) are:

1. You must be in a genuine spousal or de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.

2. You and your partner must be above the age of 18 at the time of lodging the application.

3. You must be physically present in Australia at the time of application and decision-making.

4. You and your partner must intend to live together as spouses or de facto partners in a marital-like relationship after you lodge your visa application.

5. Your relationship must have been ongoing for at least 12 months at the time of application, unless there are compelling and compassionate circumstances.

6. You and your partner must meet character and health requirements set by the Australian government.

7. You will need to provide evidence that you meet the financial requirements, which depend on whether you apply as a spouse or de facto partner.

8. If you are in Australia on another type of visa, you must have a substantive visa or hold a Bridging A (BVA) or Bridging B (BVB) visa at the time of decision-making to apply for this visa onshore.

9. If you have had a previous visa cancelled or refused while in Australia, it may affect your eligibility for this visa.

10. You must meet all other subclass 820 specific requirements outlined by the Department of Home Affairs in order for your application to be considered valid.

7. Do I need to be married to my partner to apply for this visa?

No, marriage is not a requirement for this visa. You may apply as long as you can provide evidence of a genuine and committed relationship with your partner.

8. What evidence do I need to provide to prove my relationship with my partner?


The evidence needed to prove a relationship with your partner may vary depending on the specific circumstances and the immigration application you are submitting. However, some common types of evidence that may be helpful in proving your relationship include:

1. Proof of Shared Residence: This could include copies of lease or mortgage agreements showing both of your names, utility bills with both names listed, or any other documents showing that you live together.

2. Financial Documents: These could include joint bank account statements, credit card statements with both names listed, joint tax returns, or any other financial documents that show joint ownership or responsibility for expenses.

3. Photos: Providing a selection of photos from different stages of your relationship can help to demonstrate the genuine and ongoing nature of your partnership.

4. Social Media Posts/Correspondence: Screenshots or copies of social media posts or messages between you and your partner can provide additional evidence of your relationship.

5. Affidavits/Statutory Declarations: These are written statements/testimonies from people who know you as a couple and can attest to the genuineness of your relationship.

6. Engagement/Wedding Documentation: If you are engaged or married, providing copies of any relevant documentation such as an engagement ring receipt, wedding invitation, certificate of marriage, etc., can help prove the authenticity and commitment in your relationship.

7. Travel Documents: If you have traveled together or visited each other’s home countries, providing copies of travel itineraries, boarding passes, hotel reservations, and photos from these trips can also serve as proof of a genuine relationship.

8. Any Relevant Supporting Documents: Depending on your specific situation, there may be other supporting documents that could help prove your relationship such as joint insurance policies, shared memberships/subscriptions, letters/cards addressed to both partners, etc. It is important to carefully review the requirements for your specific immigration application to determine what additional evidence may be needed.

9. Can I include my children in the application for an onshore temporary partner visa?


Yes, you can include any dependent children on your application for an onshore temporary partner visa. Dependent children are defined as biological or adopted children of the applicant, or the applicant’s partner, who are unmarried and under the age of 18 at the time of application. If your child is over 18 but still financially dependent on you, they may also be considered a dependent for immigration purposes. You will need to provide supporting documents to prove that your child meets these criteria.

10. Do we need to meet any health or character requirements for this visa?


Yes, all applicants for a permanent resident visa are required to meet certain health and character requirements. This includes providing evidence of good health and undergoing medical examinations as well as providing police clearance certificates from every country where you have lived for 12 months or more in the past 10 years since turning 16. If you do not meet these requirements, your visa application may be refused.

11. Is there a minimum income requirement for my Australian partner to sponsor me?

Yes, your Australian partner must have a sufficient income to support you and any dependents accompanying you to Australia. This income requirement is assessed through the Australian government’s “Assurance of Support” process, which ensures that sponsored individuals will not become a burden on the government during their stay in Australia.

The specific income requirement varies depending on factors such as your partner’s location, number of dependents, and financial assets. It is best to consult with an immigration lawyer or the Department of Home Affairs for the most up-to-date information on the income requirement for your specific situation.

12. Can I travel outside of Australia while my onshore temporary partner visa application is being processed?


Yes, you can travel outside of Australia while your onshore temporary partner visa application is being processed. However, it is important to note that if you leave Australia before a decision is made on your application, it may be considered abandoned and could result in your application being refused. You should inform the Department of Home Affairs of any travel plans and provide evidence to show that you will be returning to Australia to continue with the processing of your application.

13. Is there a limit on how long I can stay in Australia with this visa?

The eVisitor 651 visa allows you to stay in Australia for a maximum of 3 months at each visit, within a period of 12 months from the date of grant. This means that you can enter and leave Australia multiple times within the validity period of your visa, but the total time spent in Australia must not exceed 3 months in any given year.

14. Can I apply for permanent residency while holding an onshore temporary partner visa?

Yes, you can apply for permanent residency while holding an onshore temporary partner visa.

There are two pathways to obtain permanent residency through a partner visa:

1. Partner (Subclass 801) visa: This is a permanent visa that allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live and work in Australia indefinitely. To be eligible for this visa, you must hold a temporary partner visa (subclass 820) and have been living in a genuine and continuing relationship with your partner for at least two years before applying.

2. Partner (Subclass 100) visa: This is also a permanent visa that is granted to individuals who have been granted a subclass 309 temporary partner visa offshore and have been living in Australia on this visa for at least two years before applying.

If you are currently holding an onshore temporary partner visa (subclass 820), you can apply for the subclass 801 or subclass 100 permanent partner visas if you meet the eligibility requirements mentioned above.

It is important to note that there may be additional requirements for obtaining permanent residency, such as character and health checks. It is recommended to consult with an immigration lawyer or registered migration agent to ensure that you meet all the requirements before submitting your application.

15. What happens if our relationship breaks down before the permanent residency application is processed?

If your relationship breaks down before the permanent residency application is processed, you and your spouse/partner will need to inform Immigration, Refugees and Citizenship Canada (IRCC) as soon as possible. Depending on the specific circumstances of your case, your application may be withdrawn or refused.

If you are still in a valid spousal or common-law relationship at the time of submitting the application, it will be processed as per normal procedures. However, if you separate during the processing period, IRCC has the right to request additional evidence to assess whether your relationship was genuine and legitimate from the beginning.

If there are concerns that your relationship was not genuine or legitimate, IRCC may refuse your application. It is important to maintain good communication with IRCC and provide any requested information or documentation promptly to avoid any delays or refusal of your application.

16. Are there any restrictions on the types of relationships that are eligible for this visa?

There are no specific restrictions on the types of relationships that are eligible for a visa. However, the visa applicant must be able to demonstrate a genuine and committed relationship with their partner who is an Australian citizen, permanent resident or eligible New Zealand citizen. This includes providing evidence of living together, a shared financial commitment, social recognition of the relationship, and a mutual commitment to each other’s wellbeing. The relationship must also be recognized as valid under Australian law.

17. Do we need to show proof of living together in order to be eligible for this visa?

It depends on the requirements of the specific visa you are applying for. Some visas require proof of cohabitation as evidence of your relationship, while others may not have this requirement. It is important to carefully review the eligibility criteria and document checklist for the visa you are interested in to determine if proof of cohabitation is necessary.

18 .Can same-sex couples apply for this visa?

Yes, same-sex couples can apply for this visa as long as they meet the eligibility criteria and provide proof of their relationship. This may include evidence of a registered partnership or marriage, joint finances, shared living arrangements, and supporting statements from family or friends. The application process and requirements are the same for all couples regardless of sexual orientation.

19.Can I appeal if my application for the onshore temporary partner visa is refused?

Yes, you have the right to appeal if your application for an onshore temporary partner visa is refused. The process and requirements for appealing a decision vary depending on which Australian state or territory you are in. You will generally need to submit a written request for review within a certain timeframe and pay a fee. It is important to seek professional advice from an immigration lawyer or registered migration agent before submitting an appeal to ensure that you understand the process and have the best chance of success.

20.How much does it cost to apply for an onshore temporary worker visa and what are the payment options available?


The cost to apply for an onshore temporary worker visa varies depending on the type of visa being applied for. As of 2021, the fee for most temporary worker visas is $275 AUD.

The payment options available are:

1. Credit/Debit Card: Payment can be made using Visa, MasterCard, American Express or JCB credit/debit card.

2. BPAY: If you have an Australian bank account, you can make payment using BPAY.

3. Online payment using ImmiAccount: Once you create an ImmiAccount, you can pay the application fee online through your account.

4. Point of sale (POS): You can make payment at a participating Australia Post Office using EFTPOS or cash.

5. Bank Cheque/Draft: You can send a bank cheque/draft to the designated immigration office in your region along with your application form.

Please note that the payment options may vary depending on the country from where you are applying and other factors. It is recommended to check the official website of the Department of Home Affairs for updated information and specific instructions for your situation.