Do you aspire to live in Australia with your Australian partner? It’s entirely attainable with a partner visa under subclasses 820 (temporary) and 801 (permanent). Check the eligibility and documentary requirements and increase your chances of being granted a visa by engaging an immigration expert from Parish Patience.
Partner visa 820 is a temporary visa, and securing it is the first step to attaining a permanent visa (subclass 801). It lets a de facto partner (unmarried but committed to a serious relationship) or spouse live in Australia on a temporary basis.
Your length of stay as a temporary partner visa holder can extend up to 24 months or until your permanent visa application is finalised or otherwise withdrawn.
Having a visa partner 820 gives you the following benefits and privileges:
If your substantive visa under subclass 801 was granted, expect the following benefits and privileges as well:
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Needless to say, you need to fulfil some eligibility requirements first before being granted an appropriate visa. To be eligible for a partner 820 visa, you must meet the following criteria:
To make sure your partner visa application will be successful, you must prepare a checklist of requirements and submit them accordingly, including:
You must submit electronically scanned copies of your passport pages showing your personal details, and issue and expiry dates.
It must show the names of both your parents. If you cannot provide a valid birth certificate, you can instead submit supplementary identity evidence, namely:
You must submit any of the following supporting evidence (where applicable):
If married, a Marriage Certificate. If divorced or separated, Divorce Certificate or Separation papers.
Proof of cohabitation. This includes joint property ownership documents, utility bills with you and your partner’s names, joint lease agreements, and even photos of your home.
Proof of joint finances. This includes joint bank account statements, mortgage payments, joint loan agreements, and utility bills with both your names, among others.
Form 80. It is a 19-page form on “Personal particulars for assessment including character assessment.
Form 888s. You must provide at least two Statutory Declarations from supporting witnesses who can confirm that you and your partner are, in fact, in a serious and committed relationship.
Police clearances. You must secure police clearance for each country, if any, that you have lived in for a year or so for the last 10 years.
Health certificates. You must have a medical certificate signed by a qualified healthcare professional indicating you are of
excellent health.
Dependent documents, if included in the application. These are identity documents such as their birth certificates, parental consent if under 18, or proof of financial dependence on the applicant.
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For your partner visa 820/801 application, you will get a skilled visa lawyer or a registered migration agent who will provide you professional advice, assess your overall eligibility against the visa conditions, as well as gather and submit your subclass 820 partner visa checklist of documents with you.
If you want your partner visa 820 processing time to potentially become lesser than the average, partner up with a Parish Patience lawyer to streamline the process without compromising your chances of a partner visa grant.
Both subclasses 820 and 309 are temporary partner visas. Holders of these visas must be in a serious and genuine relationship with an Australian citizen or permanent resident. The main difference is that application for a partner visa 820 is to be made onshore only (within Australia) while lodgment for subclass 309 visa must be made offshore only (outside Australia).
Once you are granted a visa under subclass 820, which is a provisional/temporary visa, you have to wait for about two (2) years more to get a permanent partner visa under subclass 801. The good news is that if you have already fulfilled the two-year requirement or have been in a serious relationship for two years or more, and/or have a dependent child with your partner, the waiting period can be bypassed.
The most common reason for partner visa refusal is the lack of relationship evidence (or its genuineness). Having said that, you must demonstrate the seriousness and genuineness of your relationship by submitting pertinent documents that will convince the deciding officers that your relationship is,
in fact, genuine and continuing.
Partner visa 820 processing time depends a lot on certain factors, such as the volume of applications received by the Department, uniqueness of each case being evaluated for approval, as well as whether you submitted complete documents, as failure to do so could result in a visa being denied. On average, though, processing time for partner visas under subclass 820 takes about six (6) to 33 months, according to official reports for 25-90 percent of applications lodged and processed.
You have working rights if you are granted a bridging visa A while your subclass 820 visa is being processed.
The Department of Home Affairs will not automatically cancel or refuse your visa, unless the relationship breakdown occurred before granting of the permanent partner visa. However, if there is a family violence involved or you have a child, you may still be eligible for the permanent 801 visa and stay in Australia even if you and your partner broke up.