The temporary Partner visa (subclass 820) gives you the ability to live in Australia if you are the spouse or de facto partner of:
an Australian citizen
In some circumstances the visa can be granted where your partner relationship has ended.
The temporary Partner visa (subclass 820) is the very first period towards a permanent Partner visa (subclass 801). You must be in Australia also when this visa is determined and when you apply.
You lodge one application form for your long-term and temporary visas and pay one application charge. Your application is processed in two stages, about two years apart.
You must be married or in a de facto relationship with:
an Australian permanent resident
an eligible New Zealand citizen.
You must maintain a continuing and real relationship. You must reside with your partner or, if you tend not to, any separation must be just temporary.
Both parties must accept to the relationship.
You might be able to be granted this visa if:
your relationship breaks down and there is a child of the relationship
Your partner dies and you’ve got close cultural, business or personal ties and you can show that the relationship would have continued if your partner had lived
Members of your family unit or your relationship breaks down and you have suffered family violence.
Married applicants
Your marriage must not be invalid . Polygamous underage and same-sex marriages same-sex marriages aren’t legal in Australia. The union could be valid under limited circumstances if one man is younger than 18 years old. Same-sex couples can apply for this particular visa depending on their de facto relationship.
Time spent dating will not count towards a de facto relationship.
You can be granted a visa
You can demonstrate compassionate and compelling circumstances, such as having children that are dependent
Your partner has been given a permanent humanitarian visa and your de facto relationship existed before it was given, before the visa was granted and you told us about the relationship
your de facto relationship has been registered in Australia (this isn’t obtainable in all states and territories).
You must be older than 18 years old and never be related to your partner. What this means is you cannot be an ancestor or descendant of one another, or have a parent in common.
Expansion of partner visa qualification in Australia
If you don’t hold a substantive visa (a visa that’s not a Bridging visa or a Criminal Justice visa) and have had a visa refused or cancelled since your last entry to Australia, you are going to be subject to section 48 of the Migration Act 1958 (the ‘Act’). You are barred by this section except for particular appointed visa classes, a visa that is Bridging or for example a Protection visa. Nevertheless, from 14 September 2009 you may be eligible to apply for a Partner visa in Australia if you satisfy particular standards.
Added criteria that have to be satisfied by affected applicants so as to make an application that is valid in Australia
For those who have experienced a visa cancelled or refused since you last entered Australia, there are four criteria that you would have to meet to be able to lodge a valid Partner visa application. These are:
You must not have had a partner visa since you last entered Australia refused.
You must provide two statutory declarations from Australian citizens, eligible New Zealand citizens or Australian permanent residents (other) supporting the existence of your relationship. These statements must be made not more than six weeks before the day.
Note: Meeting with the standards will simply allow you to lodge a valid application. Furthermore, you will still be subject to all other qualification conditions for the Partner visa. You will be assessed against the legislative conditions in exactly the same manner as all Partner visa applicants who apply in Australia, once you’ve made a valid application. Information about trying to get a Partner visa is available.
Well-Being requirements
You must meet certain health conditions. Your health examinations’ results are generally valid. This applies to you personally and any dependent family members contained in your application.
You are able to organise your health assessments upfront before lodging a visa application.
You might not have to have a health examination if you hold a Prospective Marriage visa (subclass 300).
Character requirements
You must satisfy with certain character requirements. You must supply a police certificate from every nation you’ve lived in for 12 months or more during the past ten years after you turned 16 years old.
This applies to all dependent family members in the application who are 16 years old or older.
You might not have to provide police certificates if you hold a Prospective Marriage visa (subclass 300).
Debts
You must have no outstanding debts or have arranged to refund any outstanding debts before this visa can be granted.
Provide biometrics
You might be asked to provide biometrics (a scientific kind of identification) as part of the application. Nations and visa subclasses contained in the biometrics plan has more info.
