Subclass 820 Visa - Onshore Partner Visa Guide
The Subclass 820 Onshore Partner Visa is a temporary visa that allows the partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia while their permanent partner visa application (Subclass 801) is being processed. This visa is specifically for individuals who are already in Australia and wish to remain with their Australian partner.
In this guide, we will break down the Subclass 820 visa process, from eligibility and documentation to common questions. This will help you better understand how to apply and ensure your application is successful.
What is the Subclass 820 Onshore Partner Visa?
The Subclass 820 Onshore Partner Visa is a temporary visa granted to individuals who are in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. It allows you to remain in Australia while you wait for your permanent Subclass 801 Partner Visa to be processed.
Key Features of the Subclass 820 Onshore Partner Visa:
-
Temporary Visa: This is a temporary visa granted to individuals applying for permanent residency through their partner.
-
Allows Stay in Australia: It allows applicants to stay in Australia with their partner during the processing time of the permanent Subclass 801 Partner Visa.
-
Pathway to Permanent Residency: Once the Subclass 820 visa is granted, applicants can apply for the Subclass 801 Partner Visa, which is a permanent visa that grants permanent residency.
-
Work Rights: While on the Subclass 820 visa, applicants are typically allowed to work in Australia.
Step-by-Step Guide to Applying for the Subclass 820 Onshore Partner Visa
1. Confirm Eligibility
To apply for the Subclass 820 Onshore Partner Visa, you must meet the following requirements:
-
Genuine and Committed Relationship: You must be in a committed, genuine, and ongoing relationship with your Australian partner (spouse or de facto).
-
Onshore Requirement: You must be in Australia when you apply for the Subclass 820 visa. If you are outside Australia, you should apply for the Subclass 309 Offshore Partner Visa.
-
Health and Character Requirements: You and your partner must meet health and character requirements, which may include health examinations and police checks.
-
Sponsor's Eligibility: Your Australian partner must be an Australian citizen, permanent resident, or an eligible New Zealand citizen.
2. Gather Required Documents
The Subclass 820 Onshore Partner Visa application requires several documents to establish your relationship and meet other eligibility criteria. These may include:
-
Proof of Relationship: Evidence of your relationship with your partner such as photos, joint financial commitments (like joint bank accounts, shared leases), communication records (emails, texts, letters), and travel history together.
-
Identity Documents: Passport, birth certificate, and other identity verification documents.
-
Health and Character Checks: As part of the application, you must undergo a medical examination and submit police certificates from any country you have lived in for a cumulative period of 12 months in the last 10 years.
-
Sponsor Documents: Your Australian partner will also need to provide documents that confirm their Australian citizenship, permanent residency, or New Zealand citizenship status.
3. Submit the Application
-
Online Application: Applications for the Subclass 820 visa must be submitted online via the ImmiAccount portal on the Department of Home Affairs website.
-
Visa Fee: As of 2024, the fee for the Subclass 820 Onshore Partner Visa is AUD $8,085. Additional charges for health checks, police clearances, and biometric collection may apply.
4. Wait for Processing
Processing times for the Subclass 820 Onshore Partner Visa typically take:
-
75% of applications: Processed in approximately 18 months.
-
90% of applications: Processed in approximately 22 months. Processing times may vary depending on the complexity of the case and the documents provided.
5. Permanent Partner Visa (Subclass 801)
Once the Subclass 820 visa is granted, you will need to apply for the Subclass 801 Partner Visa after 2 years from the initial application. The Subclass 801 visa is a permanent visa that will allow you to live in Australia indefinitely with your partner.
Frequently Asked Questions (FAQs)
1. Can I apply for the Subclass 820 Onshore Partner Visa while I am on a tourist visa?
Yes, you can apply for the Subclass 820 Onshore Partner Visa while in Australia on a tourist visa, provided you meet the eligibility criteria. You must be in Australia when submitting your application. If you are on a visa that has conditions preventing you from applying for another visa, you should seek professional advice.
2. How long can I stay in Australia with a Subclass 820 Onshore Partner Visa?
The Subclass 820 visa is temporary, and it is usually granted for two years while your Subclass 801 Partner Visa is being processed. Once the Subclass 820 visa is granted, you can stay in Australia and live with your partner while waiting for the permanent visa.
3. Can I work in Australia with a Subclass 820 visa?
Yes, once your Subclass 820 visa is granted, you are permitted to work in Australia. This allows you to live and work freely during the processing of your permanent Subclass 801 Partner Visa.
4. What if my relationship changes during the processing of my Subclass 820 visa?
If your relationship ends, or your circumstances change, you must notify the Department of Home Affairs. It may affect the outcome of your visa application. However, if your relationship is ongoing, you will need to provide proof of the ongoing nature of your relationship.
5. Can I include my children in the Subclass 820 application?
Yes, if you have dependent children, you can include them in your Subclass 820 application. Your children must meet specific eligibility criteria to be included as dependents in the application.
Why Apply Now?
The Subclass 820 Onshore Partner Visa is a critical step in the process of reuniting with your Australian partner and achieving permanent residency in Australia. Given the significant processing times of 18 to 22 months, starting the application early will help ensure that your plans to live and work in Australia are not delayed.
Looking for professional assistance with your Subclass 820 Onshore Partner Visa application? Our migration agents specialize in Partner Visa applications and can guide you through the process to ensure that everything is completed correctly. Contact us today for expert advice and a seamless application experience!
