The subclass 820 visa is a temporary visa for partners of Australian citizens, permanent residents or eligible New Zealand citizens. There are two types of this visa: Subclass 820 (Temporary) Visa and Subclass 820 (Permanent) Visa. Which visa you will apply for will depend on your requirements. If you aren’t sure about this, you can discuss the same with your partner visa 820 agent.

The partner must be married to their sponsor or in a de facto relationship with them when they lodge their application. If the couple has children, they must also apply together when lodging their application. The couple can include dependent children in their application if under 18 years of age. If the couple has dependent children over 18 years of age, they may need to make separate applications (if they want to live separately). As both applicants apply together, only one applicant will likely need to meet health and character requirements. 

If the couple is in a de facto relationship, this will need to be provided for their application to be successful. To demonstrate that they are in a de facto relationship, the following documents may need to be submitted: 

• Birth certificate - For each partner 
• Bank statements or other financial data showing both partners' names 
• Letters from friends or family who have lived with you during your relationship 
• Photos of important events such as accommodation leases, holidays together etc. 

Applicants must also consult an immigration lawyer when lodging their application through the Australian Visa Application Centre (AVAC). The immigration lawyer can help advise the applicant on whether they can enter Australia under a subclass 820 visa. If it is not possible, the lawyer can then help them apply for a subclass 309/100 or other applicable, spousal visas. 

On lodging their application, Applicants must provide evidence of: 

• The relationship with their sponsoring partner - This can be done by providing copies of photos and letters from the sponsor to the applicant as well as documents showing that they have lived together long term 

• Sponsoring partner's citizenship status – Australian citizens, New Zealand citizens or permanent residents all qualify as sponsors 

• Compliance with health and character requirements – Only one prospective applicant must meet these requirements. Evidence may include doctor's certificates for hepatitis B vaccination and police certificates from country of birth and current residence. 

What rights will your spouse enjoy with a Subclass 820 Partner visa?

Your spouse can enjoy the same rights available to any other temporary visa holders while in Australia. This includes the right to study while on a subclass 820 visa and the right to work for limited hours. 

The subclass 820 visa is only valid for nine months from the date it was granted; if your spouse wants to remain in Australia after this time, their options will be limited. They could apply for another temporary Subclass 820 visa, which may be valid for up to 3 years, or they could apply for a permanent Subclass 100 (sponsored) visa, which has most of the same entitlements as the subclass 820 visas with an additional advantage of being able to sponsor their parents and grandparents.