Partner Visas come in two categories: Subclass 820 and Subclass 801. You can reside in Australia temporarily on a Subclass 820 visa. The Subclass 820 visa is the first stage toward a permanent Partner Visa (Subclass 801).
Below are the minimal criteria for the Subclass 820 visa. Please be aware that the subclass 801 visa’s initial component is the 820 visa.
- Relationship Requirements
- Sponsor Requirements
- Application Process
- Unlawful Applicants
- Visa Grants
Here, We will go through each of these requirements one by one which is needed to apply for the partner/spouse visa in 2022.
Relationship Requirements
If your application is based on a marriage:
- you must be legally married to an Australian citizen, permanent resident or eligible New Zealand citizen.
When a de facto relationship is the foundation of your application:
- In the absence of convincing or empathetic circumstances, you should have been in a de facto partnership or relationship with an Australian citizen, permanent resident, or qualified New Zealand member for at least 12 months before you submitted your application.
- You and your companion must also both be at least 18 years old and not have been closely related to each other.
In all of the cases:
- You and your spouse/partner must be in a mutually exclusive relationship;
- Your relationship must be genuine and continuing.
- Either you and your spouse/partner must reside together permanently or temporarily live together.
Sponsor Requirements
Your sponsor needs to:
- be an Australian citizen, permanent resident or eligible New Zealand citizen
- Not have supported more than one husband/wife, partner, or fiance for immigration to Australia in the past, and not have sponsored a spouse, companion, or fiance for immigration to Australia within the preceding five years (unless there are empathetic circumstances)
- Not have been sponsored by others in the previous five years for a visa for a husband/wife, partner, or prospective marriage (unless there are empathetic circumstances)
- Must provide police clearance certificates to the Department of Home Affairs (DHA)
Note: Violent, intimidating, breaking a protection order, transporting persons, human trafficking, and crimes using hazardous weapons are only a few examples of applicable offences.
When your sponsor has both a serious criminal history AND a record for a pertinent offense, they ARE NOT ELIGIBLE to sponsor your visa application. Please schedule a meeting with us right away to explore your best choice of action should you have any concerns regarding criminal offenses.
Application Process
On your account and that of your supporter, the Department of Home Affairs (the DHA) will receive your application for a partner visa. The connection and your sponsor must satisfy the aforementioned standards to qualify. You must also pass the usual health and character tests.
Following lodgement of your application, the DHA may require that you and your spouse/partner appear for an interview. The DHA may visit your home and/or carry out further inspections to confirm your relationship.
You must be in Australia both at the time your application is lodged, and when your visa is granted.
Unlawful Applicants
If you are unlawfully in Australia at the time of your application, you must demonstrate that there are compelling reasons to justify the regularising of your immigration status.
When you fail to get a partner visa in Australia, you must understand that this can be due to circumstances beyond your control. It can include a serious sickness, etc. On the basis of these circumstances, you can be considered to file again for the partner visa as one of the eligible “compelling grounds”. You are not eligible to apply for a partner visa though when you were forced to live except with your husband or partner while you file for your visa.
Visa Grant
With this visa, you can stay in Australia anticipating the DHA’s decision on your request for permanent residence.
Next Steps: Subclass 801 Visa for Permanent Residency
If your de facto marriage or relationship meets the criteria specified previously, you will be qualified for permanent resident status two years after filing a satisfactory temporary partner visa request. You will now be needed to submit additional documentation to the DHA to prove your eligibility for permanent resident status. Your permanent visa may be issued to you while you are within or outside of Australia.
Now you know the subclass 820 visa requirements, do you want to get the ball rolling on your application? If yes, plan your appointment right now!
