The Complete 820 Visa Checklist is the most up-to-date, easy to follow guide to give you the most important information you need to know to make a successful partner visa application!
The partner visas covered in this infographic, the subclass 820 and subclass 801 visas, are usually the first choice for an Australian citizen, permanent resident or an eligible New Zealand citizen to sponsor their spouse or de facto partner to live together in Australia. Keep reading below to get more information:
Who can apply for the 820 visa?
Partner migration allows married and de facto couples (both opposite sex and same sex) to apply for permanent residence in Australia. The visa applicant and any dependent family who are included in the application (such as children) must be sponsored by their partner before the visa can be approved.
Initially, partners who meet the legal criteria for the visa to be approved are granted a temporary 820 visa. Later, a permanent 801 visa can be granted following an eligibility period of 2 years or, if there is a long-standing relationship or children of the relationship, soon after grant of the temporary visa.
If you and your partner were in a long term relationship before applying for the visa, then the two-year waiting period will not apply. This is great news if you can show you were already in your relationship for 2 years (if you have children together) or otherwise 3 years before applying for the visa. In these cases, the permanent visa will be granted immediately after the 820 visa is granted.
The 820/801 visa is also what Prospective Marriage (300 visa) holders apply for once they have arrived in Australia and married their partner.
All applicants must be sponsored by their Australian citizen, Australian permanent resident or eligible New Zealand citizen partner. They must have met in person, be aged over 18 and subject to any sponsorship limitations.
Partner Visa Sponsorship Limitations
Sponsoring partners can be barred from sponsoring the visa in cases where:
- They have previously sponsored a partner or prospective marriage visa applicant in the 5 years immediately before the new visa application is made.
- They were granted a partner or prospective marriage visa in the 5 years immediately before the new visa application is made.
- They have already sponsored 2 applicants for partner or prospective marriage visas.
All visa applicants and their sponsor must live together, or if they are separated, their separation must only be temporary.
There are no maximum age limits to apply for a partner visa.
What is a De Facto Relationship?
For the purposes of all Australian partner visa applications, a person is in a de facto relationship with another person if:
- they are not in a legally married to each other
- they are not related by family
- they have a mutual commitment to a shared life to the exclusion of all others
- the relationship between them is genuine and continuing
- they live together or do not live separately and apart on a permanent basis
In addition to the above criteria,
- the sponsor and the main applicant must be aged at least 18 years at the time the visa application is made
- the relationship must have continued for the 12 months immediately before making the visa application.
Note: The 12-month relationship requirement does not apply in the following circumstances:
- your de facto relationship is registered in a State or Territory of Australia
- there are compelling and compassionate circumstances for the grant of the visa
- your partner is, or was, the holder of a permanent humanitarian visa, and before that permanent humanitarian visa was granted, you were in a relationship with your partner
The 820/801 Visa Fee – Visa Application Charge from 1 July 2018
|The following fees show you how much it costs to apply for this visa (from 1 July 2018).|
|Base Charge for the Main Applicant||$7,160.00|
|Additional Applicant Charge|
(aged 18 or older)
|Additional Applicant Charge|
(younger than 18)
|GST||There is no GST on visa application charges|
|Payment by Card – Surcharges|
All online visa applications incur an additional surcharge for payments made by credit card, debit card or PayPal
If you hold a 300 visa (Prospective Marriage), the visa application fees are reduced to $1,195 (for the main applicant), $600 (for additional applicants aged 18 or older) and $295 (for additional applicants aged under 18).
Application Processing Time Frame
The amount of time it takes for your visa application to be processed can vary and is determined by the Australian Government of the day. Unfortunately, this is something that you, as the applicant, have no control over.
The immigration department regularly reviews and updates their performance and processing times for each visa. The processing time frames we have provided in our infographic are taken directly from the official advice given by the department on their global visa and citizenship processing times page.
Police Checks and Police Certificates for Immigration Purposes
The sponsoring partner and everyone who is included as an applicant for this visa application must provide a current National Police Certificate that was issued by the Australian Federal Police before you can be granted the visa.
You will also need to provide police checks for any other country that you have spent 12 months or more in, in the past 10 years. This will only be requested if you were aged 16 or older when you were in those countries.
Police checks are only valid for 12 months, so it is always a good idea to speak to a qualified immigration advisor to help you with this.
Partner Visa Medical Examinations, Health Checks and Health Insurance
All applicants for this visa are required to have specific medical examinations and health checks for this visa.
Medical checks are only valid for 12 months, so it is always a good idea to speak to a qualified immigration advisor to help you with this.
You will need to show that you have suitable health cover when you apply for this visa. It is necessary to show that your insurance will cover you for the entire time you will be on your temporary graduate visa. The most common and most suitable health insurance is referred to as ‘Overseas Visitor Health Cover’.
When you apply for this visa, you may be eligible to enroll in Australia’s public health system (Medicare).
Where to apply for this visa
You must be in Australia when you apply for this visa. Applications are made online through the immigration department’s website.
Your application for this visa will also be an application for a Bridging Visa. You will be granted a Bridging Visa A (BVA) with full work rights. Your BVA will allow you to remain in Australia until your graduate visa application is finalised.
How long is an 820 Visa valid for?
Once an 820 visa has been approved, you will remain on the visa until a final decision to grant or refuse your permanent 801 visa has been made.
820 Partner Visa Application – Document Checklist
|1. Essential Forms|
|Application Form – apply online through ImmiAccount|
Form 80 – Persoanl particulars for assessment including character assessment
Form 40SP – Sponsorship for a partner to migrate to Australia
Form 956 – Advice by a migration agent/exempt person of providing immigration assistance
|2. Identification Documents|
|2 recent passport sized photographs of each person included in the application|
Certified copy of the identity details page of each applicant’s passport
Certified copy of each applicant’s birth certificate, family register or other similar identification
Evidence that your sponsor is an Australian citizen, permanent resident or eligible New Zealand citizen
|3. Relationship History|
|Current Marriage Certificate, Registered De Facto Relationship Certificate or equivalent documents|
Proof your relationship is genuine and continuing (such as photographs, financials, social proof, the nature of your household, that you live together or are not permanently separated)
Statements by you and your partner about your relationship
Statements from friends and relatives who know are willing to comment on your relationship
Statements and documents to show any previous marriage, recognised relationship or divorce
|4. Health and Character|
|Australian National Police Certificates for the sponsor and each applicant aged over 16|
Police Certificates for every country lived in for more than 12 months since turning 16
Health Identifier (HAP ID), if already issued by Australian immigration for each applicant
(a good Registered Migration Agent will help you organise your police and health checks!)
Confirmation that all visa applicants have appropriate Health Insurance
Discharge papers for any applicant who has served in the defence force of any country
|You will need to provide translations of all documents that are not in English together with a certified copy of the original.|
If you have some concerns about your case, or the documents that are needed, you should speak to a licenced immigration advisor to help you – someone at Embark Migration would be a great choice!