What Is the 820 Visa (Temporary Partner Visa)
The Subclass 820 Partner Visa is a temporary visa that allows the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia while their permanent Partner Visa (Subclass 801) application is being processed.
This visa forms part of a two-stage process:
- Temporary Partner Visa (Subclass 820)
- Permanent Partner Visa (Subclass 801)
The Subclass 820 Visa allows couples to remain together in Australia and provides a pathway to permanent residency.
Key Takeaways
- The Subclass 820 Visa allows the partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia temporarily.
- Applicants must demonstrate that they are in a genuine and continuing relationship.
- The visa permits full work and study rights in Australia.
- Applicants may be eligible for Medicare and certain government services.
- The visa can lead to permanent residency through the Subclass 801 Partner Visa.
- Processing times vary and depend on the complexity and completeness of the application.
Eligibility Requirements
To apply for a Subclass 820 Partner Visa, you must:
- Be in Australia when the application is lodged.
- Be in Australia when a decision is made on the temporary visa application.
- Be married to or in a genuine de facto relationship with:
- An Australian citizen;
- An Australian permanent resident; or
- An eligible New Zealand citizen.
- Meet health and character requirements.
- Have an eligible sponsor.
Relationship Requirements
Married Couples
You must be legally married under Australian law. The marriage must be genuine and ongoing and must not have been entered into solely for migration purposes.
De Facto Couples
Generally, de facto couples must have been in the relationship for at least 12 months immediately before lodging the application.
Exceptions may apply where:
- The relationship is registered under Australian state or territory law; or
- There are compelling and compassionate circumstances.
Applicants must demonstrate that the relationship is genuine and continuing.
Evidence of a Genuine Relationship
The Department of Home Affairs assesses relationships across four key areas.
Financial Aspects
Examples may include:
- Joint bank accounts;
- Shared financial responsibilities;
- Joint assets and liabilities; and
- Shared household expenses.
Nature of the Household
Examples may include:
- Living arrangements;
- Household responsibilities; and
- Shared leases or property ownership.
Social Aspects
Examples may include:
- Photos together;
- Travel records;
- Invitations addressed jointly; and
- Statements from friends and family.
Commitment to Each Other
Examples may include:
- Future plans;
- Wills and beneficiary nominations;
- Evidence of ongoing communication; and
- Long-term intentions as a couple.
Sponsorship Requirements
The sponsoring partner must:
- Be an Australian citizen, permanent resident, or eligible New Zealand citizen;
- Be at least 18 years of age;
- Meet character requirements; and
- Agree to provide support and accommodation assistance for the applicant.
Certain sponsorship limitations may apply, particularly if the sponsor has previously sponsored other partner visa applicants.
Health and Character Requirements
Applicants must satisfy Australia’s health and character requirements.
This may include the following.
Health Requirements
- Medical examinations;
- Chest X-rays; and
- Additional medical assessments if requested.
Character Requirements
- Police clearances from countries where the applicant has lived for 12 months or more during the previous ten years; and
- Disclosure of any criminal history or previous immigration issues.
Essential Documents Checklist
Each application is different, depending on the applicant’s circumstances, and the required supporting documents may vary.
Documents may include:
- Passport and identity documents;
- Birth certificates;
- Marriage certificates or evidence of a de facto relationship;
- Evidence covering the financial, household, social and commitment aspects of the relationship;
- Sponsor documents;
- Police clearances;
- Health examination results, if requested;
- Statements from the applicant and sponsor; and
- Statements from family members or friends supporting the relationship.
Visa Application Charges
The visa application charge is subject to periodic changes, and applicants should always refer to the Department of Home Affairs website for the current fee at the time of application.
The current visa application charge for most primary applicants is:
Additional charges apply for dependent family members included in the application.
Holders of a Prospective Marriage Visa (Subclass 300) may be eligible for a reduced application charge.
Visa application charges are indexed periodically and may change without notice. Applicants should always check the Department of Home Affairs website for current fees before lodging an application.
The Two-Stage Partner Visa Pathway
The Partner Visa pathway is generally assessed in two stages.
Stage One: Temporary Partner Visa (Subclass 820)
The temporary visa allows the applicant to remain in Australia while the permanent stage is pending.
Stage Two: Permanent Partner Visa (Subclass 801)
Usually, approximately two years after the original Partner Visa application is lodged, the Department assesses whether the relationship remains genuine and continuing before deciding on the permanent stage.
Processing Times
Processing times vary and depend on factors such as:
- The completeness of the application;
- The quality and complexity of the relationship evidence;
- Whether additional information is requested;
- Health and character checks;
- Verification requirements;
- Application volumes; and
- The applicant’s individual circumstances.
The Department regularly updates estimated processing times through its Global Visa Processing Times tool.
Applicants should avoid relying on historical averages and instead check the latest estimates directly before applying.
Submitting a comprehensive application with strong supporting evidence may help minimise delays.
Additional Costs
Additional costs may include:
- Health examinations;
- Police certificates;
- Document translations; and
- Migration agent fees, if applicable.
Benefits of the Subclass 820 Visa
Live in Australia With Your Partner
The visa allows you to remain in Australia while your permanent Partner Visa application is processed.
Work Rights
Subclass 820 Visa holders generally have unrestricted work rights in Australia.
This enables applicants to:
- Work full-time;
- Change employers freely;
- Establish a business; and
- Build professional experience in Australia.
Study Rights
Visa holders may:
- Undertake further education and training;
- Study at Australian institutions; and
- Improve their professional qualifications.
Domestic student fee arrangements and access to government-supported places may differ from those available to Australian citizens and permanent residents.
Access to Medicare
Most Subclass 820 Visa holders are eligible to enrol in Medicare.
Medicare can assist with:
- Doctor consultations;
- Public hospital treatment; and
- Certain prescription medicines.
Potential Access to Government Benefits
Some social security payments may become available after satisfying applicable waiting periods and eligibility requirements.
Entitlements vary according to individual circumstances and legislative requirements.
Pathway to Permanent Residency
Generally, approximately two years after lodging the combined Partner Visa application, the Department will assess eligibility for the Permanent Partner Visa (Subclass 801).
Applicants will usually need to demonstrate that:
- The relationship remains genuine and continuing; and
- All applicable visa requirements continue to be satisfied.
What Happens After You Apply?
Following lodgement:
- You may receive a Bridging Visa allowing you to remain lawfully in Australia while your application is processed.
- The Department may request additional information.
- Health examinations and police clearances may be required.
- A decision will be made to grant or refuse the temporary visa.
If the Visa Is Granted
You can:
- Live in Australia with your partner;
- Work without restriction;
- Study in Australia;
- Travel in and out of Australia, subject to your visa conditions; and
- Continue towards permanent residency eligibility.
Conclusion
The Subclass 820 Partner Visa is an important pathway for couples wishing to build their lives together in Australia.
Although the application process can be document-intensive and requires substantial evidence of a genuine relationship, the visa offers significant benefits, including work rights, Medicare access and a pathway to permanent residency.
Preparing a comprehensive application and understanding the requirements from the outset can significantly improve your experience and help you move forward confidently towards your future together in Australia.
Frequently Asked Questions
Can I Work While My Application Is Being Processed?
Eligible applicants who hold a Bridging Visa may generally work in Australia, depending on the conditions attached to their visa.
Can I Include My Children?
Yes. Eligible dependent children may be included in your application.
What if My Circumstances Change?
You should notify the Department of any changes to your:
- Relationship;
- Family composition;
- Address;
- Passport details; or
- Contact information.
Can Same-Sex Couples Apply?
Yes. Australia’s partner visa provisions apply equally to married and de facto couples, including same-sex relationships.
How We Can Help
Preparing a strong Partner Visa application involves more than completing forms.
Presenting clear, well-organised evidence and understanding the legal requirements can help minimise delays and reduce the risk of complications.
Professional advice tailored to your circumstances can help you prepare a decision-ready application and navigate the pathway to permanent residency in Australia.
Disclaimer
The information provided above is general only and does not constitute legal or migration advice.
Australian immigration laws, policies, visa application charges and processing times may change without notice. You should obtain professional advice tailored to your individual circumstances before making any migration decisions.