22 Mar 2024

PARTNER 820/801 VISA

Who should apply for a Partner 820/801 Visa?

If you are in Australia on a substantive visa, you are eligible to apply for Partner Temporary Visa (Subclass 820) and Permanent visa (subclass 801) to stay in Australia with your partner, who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen once you meet the relationship requirement.

Relationship – Married or in a de facto relationship

Your relationship to your partner must be:

  • Married (de jure) relationship;
  • De facto partner relationship, living together for 12 months or more (including a same-sex relationship); or
  • Registered relationship.

Applying for a Partner visa without a substantive visa

If you do not hold a substantive visa at the time of application for a partner visa, you may need to provide additional details to demonstrate the following reasons:

  • factors beyond control (Schedule 3 criteria 3003c);
  • compelling reasons for the grant of the visa (Schedule 3 criteria 3003d); and
  • compliances with conditions of their last bridging visa (3004 c).

Processing Times

Your Partner 820/801 Visa Application covers two visas which you apply for at once. The Temporary Visa (Subclass 820) is processed first and granted, then after 2 years, the Permanent Visa (Subclass 801) is processed.

Temporary Visa (Subclass 820)

75 percent of applications processed in 24 months.

90 percent of applications processed in 30 months.

Permanent Visa (Subclass 801)

75 percent of applications processed in 16 months.

90 percent of applications processed in 23 months.

Start to prepare your Partner Visa Application

There are some key forms and evidences which must be provided in your Partner visa application.

MANDATORY FORMS

Partner Visa: Onshore Temporary (subclass 820) Application Document Checklist

Form 47SP – Application for migration to Australia by a partner – mandatory if not a holder of a 445 visa for dependents

Form 40SP Sponsorship for a partner to migrate to Australia – recommended to show Sponsor’s genuine intent and understanding of obligations but mandatory for s48 barred applicants.

Form 956 – Authority To Act

*Form 1002- Only if applicant holds the 445 visa for dependents

RELATIONSHIP STATEMENT

Form 888 – Statutory declaration by a supporting witness

Marriage Certificate/Relationship Certificate

Family Census Register

Relationship Statement

CHARACTER

Form 80 Declaration (Applicant and Sponsor)

Military Discharge Papers

Police Check from Residence Abroad

AFP Police Certificates

IDENTITY – Applicant

Certified copy of applicant passport and national identity documents.

Certified copy of applicant Birth Certificate

Certified copy of applicant Police Records in all countries of residence.

Current CV of applicant

Recent tax invoices showing name and home address

Proof of health examination of applicant

Recent photo of applicant

IDENTITY – Sponsor

Certified copy of sponsor passport and driver’s license

Recent photo of sponsor

Current CV of sponsor

Certified copy of sponsor Birth Certificate

Recent tax invoices showing name and home address

Australian Police Check of sponsor

“Genuine and continuing nature of the relationship”.

There is also the 4-part criteria to a genuine and continuing relationship prescribed under s5F/5CB Migration Act which is very important as it can determine the outcome of your Partner Visa application.

  • FINANCIAL ASPECTS
    • Bank statements which show saving and expenditure as a couple
  • NATURE OF THE HOUSEHOLD
    • Utility bills showing proof of address
  • SOCIAL ASPECTS
    • Screenshot of mutual friends on social media
    • Photos of you and your partner with family and friends
  • NATURE OF COMMITMENT
    • Screenshot of social media feeds since start of the relationship
    • Screenshot of chatlogs which show maintenance of the relationship while apart
    • Marriage or relationship certificate

There could be many possible evidences under each part and since every relationship is unique, some evidences are more relevant than others. We would highly recommend that you obtain professional advice before proceeding with your Partner Visa application. Our professionals use their experience and knowledge to guide you with your evidence in a way which ensures your partner visa application includes everything to increase your chances of getting a successful outcome. Get in touch with us today!

Originally posted 2022-07-02 21:47:51.

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