Subclass 820 Partner Visa (Temporary)

A subclass 820 Partner Visa is a temporary visa that lets a spouse, or a de facto partner of an Australian citizen, Australian Permanent resident, 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 8,850 for most applicants which is the fee of 801 Visa.

An applicant of Subclass 820 and 801 Visa needs to pay a Visa fee of AUD 1475 if they are a holder of Subclass 300 Prospective Marriage Visa.

Location at the time of 820 Visa Application

An applicant for Subclass 820 and 801 Visa needs to be in Australia but not in immigration clearance at the time of the Partner Visa application.

Section 48 Bar and Partner Visa Subclass 820

Applicants for Subclasses 820 and 801 Visa can lodge an application while they are in Australia. Partner Visa is one of the very few visas an applicant can lodge while they are barred from lodging a visa application in Australia even if Section 48 of the Migration Act applies to them.

Certain Regional Visas restrictions at the time of Partner Visa subclass 820 application.

Applicants for Subclasses 820 and 801 Visa are required to have held the following visas for at least 2 years before they can make a valid application 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 applicants for Subclasses 820 and 801 Visa held one of the following substantive visas as their last visa, 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 applicants for Subclasses 820 and 801 Visa 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 last 3 years.

  • Subclass 494 (Skilled Employer Sponsored Regional Provisional Visa).
  • Subclass 491 (Skilled Work Regional provisional Visa).
  • At the time of 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 Visa need to be sponsored by their spouse or de facto partner who is an Australian citizen, Australian Permanent Resident, or an eligible New Zealand citizen and is 18 years or above.

In case the sponsoring spouse is less than 18 years of age, the parent or guardian of the Australian spouse who is at least 18 years of age and is an Australian Citizen, Australian Permanent Resident or an Eligible New Zealand Citizen can sponsor the Partner Visa applicant.

The applicant of a subclass 820 Visa who while in Australia does not hold a substantive visa need to satisfy Schedule Criteria 3 (3001, 3003, and 3004) unless the minister is satisfied that there are compelling reasons for not applying this criterion.

*The applicant of a subclass 820 Visa who while in Australia does not hold a substantive visa need to satisfy Schedule Criteria 3 (3001, 3003, and 3004) unless the minister is satisfied that there are compelling reasons for not applying this criterion.

If the applicant for an 820 Partner Visa does not hold a substantive visa but entered on Subclass 300 Prospective Marriage Visa which ceased after the applicant married the sponsoring person mentioned in Subclass 300 application 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 sponsoring partner has died and the applicant satisfies the minister that the applicant would have continued to be a spouse of the sponsoring partner if they would have been alive and the applicant has developed close business, cultural or personal ties in Australia they are 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 a valid application for a Partner Visa 820 and 801 under family violence provisions.

Complying with Previous Visas

Applicants for Subclasses 820 and 801 Visa should have substantially complied with the following 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 are required to satisfy the character and health criteria along with 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 same for Partner visa 820.

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