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This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia temporarily. Getting this visa is the first step towards a permanent Partner visa (subclass 801).
You must:
– Be in a genuine relationship with your spouse or de facto partner who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen
– Be in Australia when you apply for this visa and when the Home Affairs decide your temporary visa application. Family who apply with you must also be in Australia
With this visa
You can
– Stay in Australia until the Home Affairs decide your permanent Partner (Migrant) visa (subclass 801) or that application is withdrawn
– Work in Australia
– Study in Australia (you will not receive government support)
– Travel to and from Australia as many times as you want
– Attend up to 510 hours of free English language classes provided by the Adult Migrant English Program
– Enrol in Australia’s public health care scheme, Medicare
How long you can stay
Stay on the visa until the Home Affairs decide your permanent visa (subclass 801) application.
For most applicants, this stay is from 15 to 24 months.
Applicants who have been in a long term relationship before they apply might not have to stay on the subclass 820 visa at all. The Home Affairs might grant you the permanent visa immediately after the Home Affairs grant the temporary subclass 820 visa.
Include dependent children
You can include a dependent child or children in your application:
– When you submit your application, or
– After you submit your application but before the Home Affairs decide your temporary visa
These dependants must:
– Meet the health requirement
– Meet the character requirement
– Be in Australia
You can also add a dependent child after the Home Affairs grant the temporary visa.
Prospective Marriage visa holders
Applicants who hold or have held a Prospective Marriage visa can also include a member of the family unit in their application. You can’t add these family members after you submit your application.
Cost
Prospective Marriage visa (subclass 300) holders: AUD1,285 for the main applicant. If you previously held a Prospective Marriage visa but didn’t apply for the subclass 820 and 801 visas before that visa expired: AUD1,630.
Dependent Child visa (subclass 445) holders: nil.
Most other applicants: AUD7,715 for the main applicant.
The cost covers this Temporary visa and the Permanent Partner visa (subclass 801).
There is also a fee for each family member that applies for the visa with you.
You might also have to pay other costs such as those for health checks, biometrics and police certificates.
To work out how much your visa will cost, use the Visa pricing estimator. The estimator does not take into account the other costs.
Apply from
You and any family member or dependent child applying with you must be in Australia, but not in immigration clearance, when you apply for this visa and when the Home Affairs decide your temporary visa application.
Processing times
Your application can take longer to process if:
– You don’t fill it in correctly
– You don’t include all required documents or the Home Affairs need more information from you
– It takes time to verify your information
The Home Affairs can’t process your application if you do not pay the correct visa application charge.
Your obligations
You and your family must meet all visa conditions and obey Australian laws.
Adequate health insurance
Depending on your circumstances, you may be eligible to enrol in Australia’s public health care system, Medicare, while you await a decision on your visa application. See Medicare.
If you are not eligible for Medicare, the Home Affairs recommend you take out health insurance to cover any unforeseen medical treatment you might need in Australia. Otherwise, you will be personally liable for all your healthcare costs while you are in Australia. Insurance can help limit your financial liability.
Reciprocal healthcare agreements
Some countries have a reciprocal healthcare agreement with Australia. Find out more from Services Australia about reciprocal health care agreement.
Private health insurance
You can get Australian residents’ private health insurance if you have:
– An interim (blue) Medicare card
– A full (green) Medicare card
Travel
You can travel outside Australia as many times as you want.
Visa label
The Home Affairs will digitally link your visa to your passport. You will not get a label in your passport.
Not had a visa cancelled or an application refused
You might not be eligible for this visa if you have had a visa cancelled or refused while you were in Australia. Check if visa cancellation affects your eligibility.
Meet relationship requirements
In most cases, you must be the spouse or de facto partner of an:
– Australian citizen
– Australian permanent resident or
– Eligible New Zealand citizen
Your relationship can be with someone of the same or different sex.
You might still be eligible for the visa if your relationship breaks down or your sponsor dies while the Home Affairs is considering your application.
Married applicants
To be a married applicant:
-You and your spouse must both be committed to a shared life together to the exclusion of all others
– Your relationship with your spouse must be genuine and continuing
– You must live with your spouse or do not live apart on a permanent basis
– Your marriage must be valid under Australian law
To find out if your marriage is valid under Australian law, contact the relevant state or territory agency for births, deaths and marriages.
De facto partners
To be a de facto partner, you must be in a de facto relationship.
– You and your partner are in a de facto relationship if all these apply:
– You are not married to each other
– You are committed to a shared life to the exclusion of all others
– Your relationship is genuine and continuing
– You live together or do not live separately and apart on a permanent basis
– You are not related by family
Usually your de facto relationship must have existed for at least 12 months immediately before you apply for the visa. Time spent dating or in an online relationship might not count as being in a de facto relationship.
The 12-month requirement will not apply if you can show the Home Affairs compelling and compassionate circumstances exist to grant the subclass 820 visa.
The 12-month requirement also will not apply if:
– Your partner holds or held a permanent humanitarian visa
– Your de facto relationship existed before the Home Affairs granted their visa
– Your de facto partner told the Home Affairs about the relationship before the Home Affairs granted their visa
It also will not apply if you:
– Are in a de facto relationship with a partner who is an applicant for a permanent humanitarian visa, or
– You have registered your relationship with an Australian authority such as a registry of births, deaths and marriages
You might still be granted the temporary visa if your relationship has broken down or if your sponsor died.
Have a sponsor
You and anyone who applies for the visa with you must have a sponsor when you lodge your application and when you are on this visa.
Your sponsor is usually your partner.
The Home Affairs must approve your sponsor. There are limitations on approval.
You can’t change your sponsor. The person who sponsors you when you apply for the visa must be same person who sponsors you for 2 years after the Home Affairs grant your temporary 820 Partner visa.
Be the right age
Married applicants must usually, be 18 or older when they apply. This is because usually, you must be 18 or older to be married under Australian law.
Applicants in de facto relationships must be 18 or older when they apply.
Meet health requirement
You, and any members of the family unit or dependent child who applies for the visa with you, must meet the health requirement. Family members who don’t accompany you to Australia might also need to meet the health requirement.
Meet character requirement
You, and any members of the family unit or dependent child who applies for the visa with you, must meet the character requirement.
Pay your debts to the Australian Government
If you or any family members (including those who don’t apply for the visa with you) owe the Australian government money, you or they must have paid it back or arranged to pay it back.
Best interests of the child
The Home Affairs might not grant this visa if it is not in the best interests of an applicant under 18.
