The Temporary Partner Visa (subclass 820) is the first stage towards a permanent Partner visa (subclass 801).
An individual must be in Australia when they apply and also when this visa is decided.
An individual can lodge one application form for their temporary and permanent visas and pay one application charge. Their application is processed in two stages, about two years apart.
The individual must be married or in a de facto relationship with:
- An Australian citizen
- An Australian permanent resident
- An eligible New Zealand citizen.
- Meet the health and character requirements
They must be in a genuine and ongoing relationship. They must live with their partner or, if they do not, any separation must be only temporary.
Both parties must freely consent to the relationship.
In most cases, permanent residence cannot be granted less than two years from when the individual lodges the application.
An individual could be granted a permanent visa without having to fulfill the usual two-year waiting period if:
- Their relationship breaks down and there is a child of the relationship
- Their partner dies and they can show that their relationship would have continued if their partner had lived and they have close business, cultural or personal ties in Australia
- Their relationship breaks down and the individual or members of their family unit have suffered family violence
- At the time of application, the individual have been in a partner relationship with their partner for three years or more, or two years or more if they and their partner have a dependent child of their relationship.
Your marriage must be valid under Australian law. Underage, polygamous and same-sex marriages are not legal in Australia. The marriage could be valid under limited circumstances if one person is younger than 18 years of age. Same-sex couples can apply for this visa based on their de facto relationship.
De facto applicants:
Usually the individuals de facto relationship must have existed for at least 12 months immediately before they apply for this visa. Time spent dating does not count towards a de facto relationship.
An individual can be granted a visa without having been in a de facto relationship for 12 months if:
- They can demonstrate compelling and compassionate circumstances, such as having dependent children
- Their partner has been granted a permanent humanitarian visa and their de facto relationship existed before it was granted, and the individual informed about the relationship before the visa was granted
- The individuals de facto relationship has been registered in Australia (this is not available in all states and territories).
They must also be older than 18 years of age and not be related to their partner by family. This means they cannot be an ancestor or descendant of one another, or have a parent in common.
There are certain more criteria’s for this visa that requires fulfillment before it can be granted.
What does this visa allow for:
The temporary Partner visa (subclass 820) allows an individual to:
- Stay in Australia until a decision is made about their permanent Partner visa
- Work in Australia
- Study in Australia, but with no access to government funding
- Enroll in Medicare, Australia’s scheme for health-related care and expenses.
An individual can include their dependent children in your application, but not other dependent relatives (unless they hold or held a Prospective Marriage visa). Dependent applicants must be in Australia when they apply.
If an individual is later granted a permanent visa, they can:
- Stay in Australia indefinitely
- Work and study in Australia
- Apply for Australian citizenship (if they are eligible)
- Sponsor eligible relatives for permanent residence
- Receive some social security payments
- Travel to and from Australia for five years from the date the visa is granted – after that time they will need another visa to enter Australia.
In addition to the above-mentioned conditions, there are other factors and criteria to be taken into consideration.