Complete information about Australian Spouse / Partner Visas Subclasses 820 & 801

 Spouse / Partner Visa Subclasses 820/801 - An introduction 

 

The Spouse or Partner visas subclasses 820 & 801 aim at allowing the Spouse (or Partner as the case may be) of an Australian or New Zealand citizen to join his Australian counterpart (Spouse or Partner) in Australia. 


These visas are given in two stages; The visa subclass 820 (the temporary visa) is granted first allowing you to stay in Australian while visa subclass 801 (the permanent visa) is being processed. These visas are basically meant for those applicants you apply who are switching to a spouse visa from another visa, while living in Australia. 

Thus getting a permanent spouse / partner visa is a two step process. To get the permanent visa (801) you have to first get the temporary visa (820). However you apply for both the visas at the same time and pay fee for only one visa. Once having received the temporary visa (820), you become eligible to be considered for permanent visa (801) after two years. You may, however, provide additional documents for permanent visa (801).
 


 Eligibility for Spouse Visa Subclasses 820 and 801 

Age

To declare yourself to be married or in de facto situation, you need to be at least 18 years old. This is a requirement under Australian law.

Your Relationship

To be considered for the above referred visa classes, you must either be the spouse or de facto partner of either an Australian citizen or a permanent resident of Australia, though it is possible that you may still be eligible if your relationship breaks down after you lodge your application.

 

Sponsor

Your Australian Partner / Spouse (who is at least 18 years old) will be your sponsor for this visa, meeting the following criteria for being a sponsor:

  • He / she must be an Australian citizen or a permanent resident of Australia

  • He / she must be 18 years old or above

  • Your sponsor must not have a relevant offence or a significant criminal record.

  • If your Australia spouse is under 18 , your spouse’s parent or guardian may be able to sponsor you if they are an Australian citizen or Australian permanent resident.

Character

You must of good character. Click here to see the character requirements.

Health

You must meet the health requirements


Cancelled visas

You might not be able to apply for this visa if you have had a visa cancelled or refused while you were in Australia.

Eligibility criteria for the permanent Partner visa (subclass 801)

  • You must be holding a temporary Partner visa (subclass 820)

  • You must continue to be in the spouse or de facto partner relationship unless there are special circumstances

  • You must have complied with all Australian laws whilst on your temporary visa.

Location

You must be in Australia when you lodge your application for subclass 801 and when a decision is made on the temporary visa subclass 820.
However, you can still be in or outside Australia when a decision is made on the subclass 801.
If you are outside Australia when you want to lodge your application, you should consider either:

  • A Prospective Marriage visa (subclass 300)

  • A Partner visa (subclass 309 and 100).

 Applying for the Visa Subclasses 820 and 801 

Follow the following steps to apply for this visa:

 1.   Arrange Your Required Documents

You will need three types of the documents:

A. Your personal Documents

i. Identity documents

 

One of the following:

  • An official  birth certificate which confirms the names of your both parents, OR

  • The identification pages of official family book / family form which confirms the names of your both parents, OR

  • The identification pages of an official identification document issued by the government of your citizenship country, OR

  • The identification pages of a court-issued document that proves your identity and the ID of your parents, OR

  • The identification pages of an official family census register.

ii. Documents about your relationship with your partner

​Two of Form 888 (the statutory declaration by a supporting witness in relation to a Partner) 
The documentary proof that your relationship is genuine and continuing with your spouse / partner
In case you are married, your marriage certificate is required.
If you are in a de facto relationship, You MUST provide documents that confirm this relationship

 

iii. Documents about other relationships
If you have previously been married, widowed, divorced , you must provide the documents confirming the current status of your previous relationship like, divorce documents, death certificates, separation documents or statutory declarations etc.

 

iv. Health documents
 After going through the health check up through condemned method, you do not need to provide any documents about health requirement. Your doctor will send them to us.

v. Character documents

You need to provide the following documents:

  • Completed Form 80

  • Police certificates

  • If you served in the armed forces of any country, military service records or discharge papers.

  • e correct.

B. Your Sponsor's (Spouse) documents

i. Application

Your sponsor can lodge the sponsorship form for you online after you have lodged your visa application and received your Transaction Reference Number (TRN) or application ID.
You can lodge the sponsorship form either using your partner's ImmiAccount or your own ImmiAccount.
 

ii. Identity documents

Your sponsor must provide the following ID documents:

  • Proof that she / he is an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

  • If your sponsor is an Australian permanent resident or eligible New Zealand citizen, proof she / he usually lives in Australia
     

iii.Character documents

  • Police certificates

  • If you served in the armed forces of any country, military service records or discharge papers.

C. Documents of Dependents under 18 years

 

For each dependent under 18 who is applying for this visa with you, provide:

  • His / her ID documents

  • Documents to establish your relationship

  • If your child is under 18 and someone else (beside you) also has right to make decisions about your child (like your spouse), documentary proof of the consent of that person for your child’s visa

  • Character documents (if applicable)

  • For dependents of 16 or 17 years old, you need to submit Form 80

  • Adoption papers, if applicable

  • If the dependent is 16 or 17 years of age, police certificates, if applicable

D. Documents of Dependents over 18 years

 

For each dependent who is applying for this visa with you, provide:

  • His / her ID documents

  • Documents to establish your relationship

  • Character documents

  • Form 47a

  • Adoption papers, if applicable

  • Proof that the dependent has been dependent upon you (financially) for the past 12 months

 

General Requirement about Documents

  • All documents not in English, must be translated into English.

  • If using an Australian translator, make sure he/she is accredited by the National Accreditation Authority

  • If using a translator outside Australia, the complete contact details, qualifications and experience of the translator must accompany the translations.

  • Scan all the documents (original and translations) in colour in good scanning quality, to attach to the visa application.

  • Original document need not be certified

  • Send (attach) one document ONLY once, even if you have to refer to it at more than one places. 

 2.   Apply for the visa online

Apply using our online system ImmiAccount. You can log out of ImmiAccount at any time and continue your application later. If you don’t have an ImmiAccount, you need to create one.

 3.   Lodge the sponsorship form online

You can lodge your sponsorship form online after your partner has lodged their visa application and given you their Transaction Reference Number (TRN) or application ID.

You can lodge the form using your partner’s ImmiAccount or your own ImmiAccount.

If you or your partner has an ImmiAccount, log in to start your application.

 

 4.   While waiting for a decision on the temporary visa subclass 820:

  • ​Get biometrics done

  • Get health checks done

  • If you could not include all required documents when you applied, attach them to your ImmiAccount as soon as you can

  • add dependent children to your visa application (if you did not do it before and want to do it now) before they make a decision on your visa.

  • For adding additional applicants to your visa application (after you have lodged it) complete & attach Form 1436 to your ImmiAccount

  • If the relationship with your partner is not continued, you need to inform the concerned authorities and you might still be eligible for a temporary visa.

Tell them of changes
You need to tell them if:

  • ​Your circumstances have changed, like change of address, phone number or birth of a child etc.

  • You think that you may have made a mistake on your visa application

  • You think there is some additional information you need to add to your application 

  • OR you may want to withdraw your application.

 Visa Details 

What you can do on Spouse / Partner Visa Subclass 820

On temporary Partner visa (subclass 820) you:

  • Can stay in Australia until a decision is made on your permanent Partner visa (subclass 801) application

  • Can work part time / full time in Australia

  • Can study in Australia (without getting government support)

  • Can travel outside Australia as many times as you like

  • Can study free English language up to 510 hours, tuition provided by the Adult Migrant English Program

  • Can enrol in Australia’s national health scheme.

Cost

From AUD 7000 (for the main applicant only). If you hold a Prospective Marriage visa (subclass 300) – then the cost starts from AUD 1170

You might have to pay additional costs.
Use the visa pricing estimator is an online tool that calculates the total cost of your visa.

There is no fee for the sponsor.

 

How long the visa processing takes

Depending upon how well-prepared your application was and from which country you are applying, the visa processing for subclass 820 can take from 20 to 25 months, whereas  subclass 801 can take from 15 to 21 months.


How long the visa lasts

The Partner visa (subclass 820) is a temporary visa. It lasts from the date it is granted until a decision is made on your permanent Partner visa (subclass 801).

 

Travel

You can travel outside Australia as many times as you want on the temporary Partner visa (subclass 820).

 

 Visa Tips 

  1. It is a good idea, in case you have not married your intended Australian partner yet, to apply for the Australian visa subclass 300 or 309 before applying for subclass 820 (if you are outside Australian).

  2.  Make sure your sponsor (Australian partner) meets all the sponsor requirements for this visa, before you apply for the visa.

  3. Try to use the services of a professional immigration consultant before applying for any step of the visa process. This is because if you make a big mistake in your application, no one can help you after you have lodged this application.

  4. Always get an assessment of your case for a certain visa class even before making any decision.

  5. Australian government keeps on suspending different visa sub classes for certain period of time from time to time. Make sure that your selected visa sub class is still open.