Consult with one of the best migration agents for a partner visa – subclass 820. We at Oracle Immigration will provide the best solution and guide you through the process.
At Oracle Immigration, we pride ourselves on being the best migration agent for partner visa applications, offering tailored support for your unique circumstances.
Subclass 820 Partner Visa (Temporary)
A subclass 820 Partner Visa is a temporary visa letting a spouse, a de facto partner of an Australian resident, Australian Permanent citizen, or an eligible New Zealand citizen live in Australia temporarily until the permanent Partner Visa Subclass 801 is granted.
Cost of Partner Visa 820
Although there is no fee for the subclass 820 Visa, because the application of subclass 820 temporary Partner Visa and subclass 801 permanent Visa are lodged together, the visa fee is AUD 9,095 for most applicants, which is the fee of the 801 Visa.
Subclass 820 and 801 visa applicants must pay a Visa fee of AUD 1475 if they are holders of Subclass 300 Prospective Marriage Visas.
Location at the time of the 820 Visa Application
Subclass 820 and 801 visa applicants must be in Australia but not in immigration clearance at the time of the Partner Visa application.
Section 48 Bar and Partner Visa Subclass 820
Subclasses 820 and 801 visa applicants can apply while in Australia. Partner Visa is one of the very few visas an applicant can lodge, even if Section 48 of the Migration Act applies to them.
Working with the best migration agent for partner visa cases can help applicants understand their options even if they are affected by the Section 48 Bar.
Certain Regional Visas restrictions at the time of Partner Visa subclass 820 application.
Subclasses 820 and 801 visa applicants must have held the following visas for at least 2 years before legally applying for a Subclass 820 and Subclass 801 Partner Visa.
- Skilled Independent Regional (Provisional) (Class UX) Visa
- Subclass 475 (Skilled Regional Sponsored) Visa
- Subclass 487 (Skilled Regional Sponsored) Visa
- Subclass 489 Skilled Regional (Provisional Visa)
If the Subclasses 820 and 801 Visa applicants held one of the following substantive visas as their last, the applicant must have held that visa for at least 2 years.
- Skilled Independent Regional (Provisional) (Class UX) Visa
- Subclass 475 (Skilled Regional Sponsored) Visa
- Subclass 487 (Skilled Regional Sponsored) Visa
- Subclass 489 Skilled Regional (Provisional Visa)
If the Subclasses 820 and 801 Visa applicants hold the following visas, or the last substantive visa they held was one of the following visas, the applicant must have held that visa for the previous 3 years.
- Subclass 494 (Skilled Employer Sponsored Regional Provisional Visa).
- Subclass 491 (Skilled Work Regional Provisional Visa).
- At the time of a Subclass 820 and Subclass 801 Partner Visa application, the applicant must not be a holder of Subclass 771 (Transit Visa).
Partner Visa Subclass 820 Sponsor
*Applicants for Subclasses 820 and 801 visas must be sponsored by their de facto partner or spouse who can be: an Australian resident, an Australian Permanent citizen, or an eligible New Zealand citizen who is 18 years or above.
If the sponsoring spouse is less than 18, the parent or guardian of the Australian spouse who is at least 18 years of age and is an Australian Resident, Australian Permanent Citizen, or an Eligible New Zealand Citizen can sponsor the Partner Visa applicant.
Choosing the best migration agent for partner visa pathways can also help ensure that sponsorship requirements are correctly met.
The applicant of a subclass 820 Visa who, while in Australia, does not hold a substantive visa, must satisfy Schedule Criteria 3 (3001, 3003, and 3004) unless the minister is pleased that there are proper reasons for not applying this criterion.
*The applicant of a subclass 820 Visa who, while in Australia, does not hold a substantive visa needs to satisfy Schedule Criteria 3 (3001, 3003, and 3004) unless the minister is pleased that there are proper reasons for not applying this criterion.
Suppose the applicant for an 820 Partner Visa does not hold a substantive visa but entered on a Subclass 300 Prospective Marriage Visa, which ceased after the applicant married the sponsoring person mentioned in the Subclass 300 application. In that case, the applicant satisfies the Partner Visa application criteria.
*If the applicant is a holder of a subclass 300 prospective marriage visa and has married the intended sponsoring partner under a prescribed Marriage Act, and the sponsoring partner has died. The candidate satisfies the minister that the applicant would have continued to be the sponsoring partner’s spouse if the sponsor had been alive. The applicant has developed close business, cultural, or personal ties in Australia and is eligible to lodge a valid partner visa subclass 820 and subclass 801 application.
*If the applicant is a holder of subclass 300 prospective marriage visa and the applicant married the intended sponsor under a prescribed Marriage Act and the relationship has ceased due to family violence committed by the sponsoring partner towards the applicant or a dependent child of sponsoring partner or dependent child of both, the applicant can lodge an application for a Partner Visa 820 and 801 under family violence provisions.
Complying with Previous Visas
Applicants for Subclasses 820 and 801 visas should have substantially complied with the visa they hold or have held.
- Skilled Independent Regional (Provisional) (Class UX) Visa
- Subclass 475 (Skilled Regional Sponsored) Visa
- Subclass 487 (Skilled Regional Sponsored) Visa
- Subclass 489 Skilled Regional (Provisional Visa)
- Subclass 494 (Skilled Employer Sponsored Regional Provisional Visa).
- Subclass 491 (Skilled Work Regional provisional Visa).
Partner Visa applicants must satisfy the character, health, and other public interest criteria.
Partner Visa 820 Sponsor Limitations
Partner Visa 820 and 801 require sponsors to satisfy sponsorship criteria before they are allowed to sponsor someone. These sponsorship limitations are discussed in our blog Prospective Marriage (Temporary) Class to Subclass 300 Visa, and are the same for the Partner visa 820.
FAQs 820 Visa
What happens if the Partner visa 820 is granted?
Applicants must be inside Australia for the subclass 820 partner visa to be granted.
Once the partner visa 820 is approved, the visa holder can continue to live in Australia with complete study and working rights and also get Medicare facilities. They can travel in and out of Australia without any restrictions.
What happens if the Partner visa 820 is refused?
If an applicant’s subclass 820 visa is refused, they can apply to the AAT (Administrative Appeals Tribunal) to have the decision reviewed. These review rights are known as ‘merits review.’ Some decisions may not be able to be reviewed.
Also Read
