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Partner Visa Subclass 820

Partner Visa Subclass 820

This visa is a temporary visa that allows the partner or spouse of Australian Citizens, Permanent Residents or eligible New Zealand Citizens to live in Australia till they apply for their permanent residence under Subclass 801 . This visa can only be applied if you are in Australia and is normally known as the first stage of partner visa with the second stage being the permanent residency under SC 801 (Permanent visa ).

Visa Application Charge (VAC)

The VAC for this visa is pretty high sitting at AUD 7160 plus the credit card surcharge . This fee is non refundable .

Current Processing Times for this Visa to be finalised :

The processing time for this visa is well over 24 months at the moment . The processing times also depend on the quality of documents attached and whether the documents are sufficient to satisfy the case officer for the visa to be granted .

What this visa allows you to do :

This visa allows people to work in Australia with no limitation on the hours they can work in a week or fortnight .
You can study in Australia but will have to pay the international student fee . This is a major change from SC 801 ( Second Stage Permanent Visa ) where you are not treated as an international student .
Since this is a temporary visa , there are no government benefits for the visa holders .
Holders of this visa are allowed unlimited travel to and from Australia .

Criteria to be met at the time of application :

The applicant and their partner/spouse ( or sponsor ) should be in a completely genuine relationship .

The partner/ spouse ( sponsor ) of the applicant should be an Australian Citizen, Permanent resident of Australia or a New Zealand Citizen eligible to sponsor an applicant for this visa .

The relationship requirements have to be met . The applicant could be in relationship with someone of the same or opposite sex. Also, they could be in a married or de facto relationship . Applicants in an unregistered de facto relationship must be able to prove that they have been in a relationship for a minimum of 12 months immediately before the date of application . This requirement does not apply if the relationship is registered .

The applicant should have attained the minimum required age of 18 at the time of application ( exemptions may apply in some cases ). If the applicant is under 18, the department may not grant the visa if it is not in their best interests.

The applicant must meet the health requirement by undergoing a medical check by the Department of Home Affairs.

The applicant must be of sound character and meet the Department’s character requirement by providing a Police Check from all the countries they have lived for more than 12 months in the last 10 years .

Must have paid or made arrangements to pay any debts due to the Australian Government ( Debt to the Australian Taxation Office etc ).

Eligibility for this visa could be jeopardised if the applicant had a visa refused or cancelled whilst they were in Australia .
This visa could also be granted under unusual circumstances of a break up with the sponsor or death of the sponsor.

Documents required for this visa :

Evidence of Identity: Copy of Passport Biodata Page , Birth Certificate ( If Possible ), Any National ID document, family book records, court document, family census register.

Proof of Change of Name ( If applicable ) : Marriage/Divorce Certificate , Any Other document showing a different name , name change document from the Registry .

Proof of Genuine Relationship with your partner/sponsor : Marriage certificate , de facto registration certificate or if unregistered de facto relationship then proof of 12 months of living together ( Lease agreement , utility bills etc at the same address ).
A detailed written statement from the applicant and their sponsor regarding their genuine relationship.

Financial Commitment towards each other : Documents proving joint property ownership , lease agreements under joint names, documents related to joint liabilities ( car loan, personal loan , home loan etc.), bank records under joint names and joint utility bills .

Sharing normal household duties between the couple : written statements regarding sharing the normal day to day chores , joint bills , joint correspondence at the same address .

Social aspect of the relationship : Joint invites to birthday parties , weddings , hangouts etc , photos of friends and family , Centrelink records , social media records , travel itinerary and hotel bookings for joint travels , movie tickets , restaurant bills etc .

If the applicant or the sponsor have been in a relationship in the past : Divorce certificates , death certificate ( if applicable ), documents proving separation or statutory declaration providing details of the relationship and the circumstances in which they ended. Kindly note that unless there are compelling circumstances , a five year ban applies if the sponsor has already sponsored someone on this visa in the last 5 years . In the absence of exceptional circumstances, sponsoring someone under those 5 years may lead to a refusal .

Police Clearance Certificates : Both sponsor and the applicant should provide police clearances from any countries where they have lived for more than 12 months in the last 10 years . This includes stay in Australia as well where a Australian Federal Police check is required.

A completed and signed Personal particulars for assessment including character assessment form ( normally known as Form 80 ) should also be provided wit the application .

Please also note that all the documents in languages other than English need to be translated by a NAATI accredited translator .

Medium of Application : This visa must be applied online and as already mentioned , the applicant should be in Australia at the time of application . Kindly also note that the applicant should be in Australia at the time of the decision . The sponsor should fill in a seperate online form after the visa application has been lodged .