Partner Visa Subclass 820

The Subclass 820 Partner Visa serves as a temporary pathway for spouses or de facto partners of Australian citizens, permanent residents, or eligible New Zealand citizens. This visa allows individuals to reside in Australia temporarily until the permanent Partner Visa Subclass 801 is granted.

Cost Considerations

While there is no fee for the Subclass 820 Visa itself, applicants need to be aware that the application for the temporary Partner Visa (820) and the permanent Partner Visa (801) is lodged together, incurring a combined visa fee of AUD 8,085 for most applicants.

Visa Fee Exceptions

Applicants holding a Subclass 300 Prospective Marriage Visa are required to pay a reduced visa fee of AUD 1350 when applying for Subclass 820 and 801 Visa.

Location Requirement

To apply for the Subclass 820 and 801 Visa, the applicant must be in Australia but not in immigration clearance at the time of the Partner Visa application.

Section 48 Bar Exception

Unlike many other visas, applicants for Subclasses 820 and 801 Visa can lodge their application while in Australia, even if Section 48 of the Migration Act applies to them.

Regional Visa Considerations

Applicants must have held certain regional visas for at least 2 years or specific substantive visas for at least 3 years before applying for Subclass 820 and 801 Visa.

Eligibility Criteria for Subclass 820 and 801 Visa

1. Subclass 820 and 801 Sponsor

Applicants need to be sponsored by their spouse or de facto partner, who must be an Australian citizen, Australian Permanent Resident, or an eligible New Zealand citizen aged 18 or above.

2. Age Considerations

If the sponsoring spouse is below 18, the parent or guardian of the Australian spouse, aged at least 18 and an Australian Citizen, Permanent Resident, or Eligible New Zealand Citizen, can sponsor the Partner Visa applicant.

3. Special Cases

Applicants without a substantive visa, but who entered on a Subclass 300 Prospective Marriage Visa that ceased after marriage, satisfy Partner Visa criteria.

If a Subclass 300 visa holder's spouse has died, and the applicant developed ties in Australia, they can apply for Subclass 820 and 801.

Family violence provisions allow applicants, married on a Subclass 300 visa, to apply if the relationship ceased due to violence by the sponsoring partner.

4. Section 771 (Transit Visa) Restriction

Applicants must not hold a Subclass 771 (Transit Visa) at the time of the Partner Visa Subclass 820 application.

Compliance with Previous Visas

Applicants should have substantially complied with the conditions of specific visas, including Skilled Regional and Skilled Employer Sponsored Regional Provisional Visas.

Sponsorship Limitations

Sponsors must satisfy sponsorship criteria before sponsoring someone for Partner Visa 820 and 801, as outlined in our related blog.

Conclusion

Navigating the Subclass 820 Partner Visa journey requires meticulous attention to eligibility criteria, visa fee considerations, and regional visa prerequisites. Understanding exceptions, compliance requirements, and sponsorship limitations is crucial for a successful application. Seek professional guidance from Oracle Immigration Consultants for personalized assistance in your visa journey.

For more detailed information, visit the official Australian Government website.