Navigating the pathways to permanent residency in Australia can be intricate, especially when it involves the nuances of partner relationships. The Subclass 820 visa, a stepping stone towards permanent residency through the Subclass 801 visa, allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live, work, and study in Australia temporarily. Here’s your go-to guide on eligibility, the application process, and requirements, ensuring you have the essential knowledge to embark on this journey confidently.
My name is Ines, and I’m the principal solicitor at Rocket & Ash Immigration Law. I’ve personally been practising immigration law exclusively for nearly 14 years and have assisted many families to permanently relocate to Australia using the Onshore Partner Visa pathway.
1. Eligibility Criteria
To be eligible for the Subclass 820 visa, applicants must be in a genuine and continuing relationship with their partner, who must be an Australian citizen, a permanent resident or an eligible New Zealand citizen. The relationship can be either a legal marriage or a de facto partnership, including same-sex relationships.
Key Elgibility Include:
- Living Together: You need to demonstrate that you and your partner live together, or if not, that any separation is only temporary.
- Commitment: Evidence of a mutual commitment to a shared life as husband and wife or de facto partners to the exclusion of all others.
- Public Aspects: You must show your relationship is recognised socially, including joint invitations, public acknowledgement, and your social media presence and posts.
- Financial: You need to show your financial commitment to each other; this can be done via joint bank accounts, lease agreements, wills and or mortgage documents.
2. Application Process
The journey to obtaining a Subclass 820 visa involves several steps:
a. Prepare Your Documents: This includes evidence of your relationship, such as joint bank account statements, rental agreements, joint utility bills, and shared responsibilities.
b. Online Application: Applications for the Subclass 820 visa are lodged online through the ImmiAccount portal. If you are using an agent or lawyer, they will do this step for you.
c. Biometrics and Health Examinations: After lodging your application, you might be required to provide biometrics (fingerprints and a photo) and undergo health examinations.
d. Visa Interview: Although not always required, you may be asked to attend an interview where you'll discuss your relationship and intentions in Australia.
3. Visa Requirements
Several documents are essential when applying for the Subclass 820 visa:
- Proof of Identity: Passport biographical pages and recent photographs.
- Evidence of Relationship: This includes, but is not limited to, marriage certificates, evidence of cohabitation, joint financial assets, and statements from friends and family.
- Character Documents: Police certificates from every country you've lived in for 12 months or more during the past ten years.
- Health Exams: Medical examinations to meet the health requirements.
4. Waiting Period and Conditions
The processing time for a Subclass 820 visa can vary significantly based on individual circumstances and application integrity. During this period, applicants can live, work, and study in Australia. They are also entitled to Medicare, Australia’s health care scheme.
5. Transition to Permanent Residency (Subclass 801)
After holding the Subclass 820 visa for two years, applicants can apply for the Subclass 801 Permanent Partner Visa, provided the relationship is still genuine and continuing. Additional documents may be required to support the ongoing nature of the relationship.
6. Potential Challenges and Tips
- Detailed Evidence: The more comprehensive and organised your supporting documents are, the smoother the application process will be.
- Legal Advice: Consider consulting with an immigration expert to navigate complex cases, especially if dealing with waivers for health or character issues.
The Subclass 820 visa offers a pathway for partners of Australians to build their lives together in Australia, with the opportunity to transition to permanent residency. Understanding the eligibility criteria, preparing for the application process, and meeting the visa requirements are crucial steps in this journey.
About Rocket & Ash Immigration Law
At Rocket & Ash Immigration Law, we specialise in helping partners, graduates, and professionals navigate the complexities of Australian immigration law. Our expertise in visa applications ensures that you receive tailored advice and support throughout your immigration journey.
If you require assistance with your Subclass 820 Partner Visa application or have any other immigration-related queries, our experienced team can help.
Please book a free 15-minute discussion with our team if you have further questions.
Written by Ines Jusufspahic, LPN: 5511366
This article does not constitute legal advice or create an attorney-client relationship. For up-to-date information, please consult an immigration professional.