What You Need to Know Before Applying for a Partner Visa Within Australia

Australian Partner Visa: Facts You Need to Know Before Lodging an Offshore Visa Application
August 8, 2018
The Australian Partner Visa Application Process
September 24, 2018

What You Need to Know Before Applying for a Partner Visa Within Australia

The Australian government has two visa subclasses available for foreign individuals in a relationship with or is married to an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is living in Australia. Today we’ll focus on the Partner Visa (Subclass 820), as well as what you need to know when you’re applying for a Partner Visa (Subclass 820) within Australia.

What is a Partner Visa (Subclass 820), and what are you allowed to do once it is granted?

Simply put, Partner Visa (Subclass 820) is a temporary visa for individuals living Australia and are married to, or in a registered* or de facto relationship** with an Australian citizen, Australian permanent resident or eligible New Zealand citizen.  For this visa the applicant must be in Australia at the time of visa lodgement and visa grant. The Partner Visa (Subclass 820) is valid from the date it is granted and until a decision is reached by the Australian government on your permanent partner visa application (Subclass 801).

The moment the visa is granted, it allows you to:

a) apply for work and be employed in Australia

b) travel overseas whenever you want

c) study in the country (access to government funding however, will not be available to you)

d) register for and avail the services of Medicare

e) enrol in free English classes under the Adult Migrant English Language Program (AMEP).  

Who can sponsor your temporary Partner Visa (Subclass 820)?

Your partner who is an Australian citizen, an Australian permanent resident, or eligible New Zealand citizen who is living in Australia is your sponsor. He or she should be 18 years old and above. But you might run into a roadblock if your Australian partner has sponsored another partner prior to your application (within the last five years) or been sponsored by another Australian for the same visa. You also need to reconsider your options if your Australian partner was convicted of or has an outstanding charge for offences against children. It is best that you consult a migration agent before you proceed with the application if that is the case.

How do I know if I am eligible for a Partner Visa (Subclass 820)?

You can apply for a Partner Visa (Subclass 820) if you are:

a) you are in a de facto or registered relationship with or is married to an Australian citizen, an Australian permanent resident, or eligible New Zealand citizen

b) you are living in Australia during the time of your application

c) you hold another type of visa issued by the Australian government (visitor visa, working holiday visa, student visa, etc.)

d) you have not been issued a “No Further Stay (8503)” condition.

Are there other requirements for applying for a Partner Visa (Subclass 820)?

Before lodging your application, make sure that you have the following or you meet the following requirements:

Have all your identity documents on hand before making an application. If you are already in Australia, chances are you have your identity documents (your birth certificate, passport or passport card, national identity card, driver’s license, and social security cards) with you. Have your partner’s identity documents on hand also.

a) You must meet character requirements. Passing the character requirement set down by the government is a crucial part of the visa application process. You will be asked to provide a police certificate issued by your country of origin or any country where you have lived in for over 12 months to meet the character requirements.  Passing the character test will be difficult if you have been convicted and sentenced to prison for 12 months or more. It will also be difficult if you are a current or former member of a criminal organisation, has a substantial criminal record, or any other offences considered as red flags by the Australian authorities.

b) Prepare the proof of your relationship. The most crucial part of the visa application process is providing evidence that your relationship with your partner is genuine. The authorities will need documents evidence of your shared finances (such as joint bank statements, joint loan documents etc.), your household (e.g. lease agreements, joint utility bills etc.), your social aspects (e.g. photos, social media posts etc.) and your mutual commitment (e.g. your plans etc.).   You will also be asked to provide details on how you met your partner, the milestones of your relationship, when you got engaged (if applicable), as well as your plans. Be diligent in keeping photos, plane tickets, and other seemingly unimportant mementos that you can use as proof of your relationship

c) As part of the application, you will be required to undergo medical examinations to ensure that you meet the health requirement.  Essentially that you are not a threat to public health and that you don’t have an illness or condition that would put a strain on the Australian health care system. Some of the diseases that are considered public health threats are Ebola virus, HIV, hepatitis, polio, and tuberculosis.

d) This is just a primer on Partner Visa (Subclass 820) and what you need to know when you’re making an onshore application. If you’re looking for an exhaustive explanation and a capable guide on how to increase your chances of success when applying for a Partner Visa (Subclass 820), it is best to consult a Registered Migration Agent in Australia to assist you.   

Get in touch with Migrate With Us today on 043 183 2490 to find out exactly how we can help you achieve your desired outcome

* applies only to several Australian states and territories.

** you and your partner are sharing the same house for the past twelve months or more before you submit a visa application.