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IS A PARTNER VISA 820 A PERMANENT RESIDENT?

This temporary visa is designed for those in a relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. It grants the holder the right to live and work in Australia during the interim period before a decision is made on their permanent Partner Visa 801 application

If you are in a committed relationship with an Australian citizen, permanent resident or eligible New Zealand citizen, you may be eligible for a partner visa 820 in Australia. The 820 visa is a temporary visa that allows you to live and work in Australia while you wait for a decision on your permanent partner visa 801. But what exactly is a partner visa 820 and who can apply for it? Is it a permanent resident visa or not? What are the eligibility requirements and how long does it take to process? In this post, we will answer these questions and more, so you can have a clear understanding of the partner visa 820 and its benefits.

The Partner Visa 820 is not a permanent resident visa; rather, it’s a precursor to one. It allows partners to establish their life together in Australia while awaiting the outcome of their permanent residency application. The eligibility for this visa is broad, encompassing both married and de facto partners, including those in same-sex relationships

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WHAT IS A PARTNER VISA 820 AND WHO CAN APPLY FOR IT?

A partner visa 820 is a temporary visa that lets you stay in Australia with your partner, who must be an Australian citizen, permanent resident or eligible New Zealand citizen. You can apply for this visa if you are either married to your partner or in a de facto relationship with them. A de facto relationship means that you are not legally married, but you have a genuine and ongoing relationship with your partner, and you live together or do not live apart on a permanent basis. You can also apply for this visa if you are engaged to your partner and plan to marry them in Australia within nine months of your visa grant. This is called a prospective marriage visa (subclass 300) and it is a different visa category from the partner visa 820. You can find more information about the prospective marriage visa. To apply for a partner visa 820, you must be in Australia at the time of application and at the time of visa grant. You must also meet the following criteria:
  • Age requirement: You must be at least 18 years old, or have the consent of your parents or guardians if you are 16 or 17 years old.
  • Sponsorship requirement: You must have a sponsor who is your partner or prospective spouse, and who is willing to support you financially and emotionally during your stay in Australia.
  • Relationship requirement: You must be in a genuine and ongoing relationship with your partner, and provide evidence of your relationship, such as joint bank accounts, shared bills, photos, travel documents, etc.
  • Marriage or de facto requirement: You must either be married to your partner or in a de facto relationship with them. A de facto relationship means that you are not legally married, but you have been living together for at least 12 months, or you have registered your relationship with the relevant state or territory authority. You must also prove that you are committed to each other and share a common household.
  • Health and character requirement: You must meet the health and character requirements, which may include undergoing medical examinations and police checks. You must also have no outstanding debts to the Australian government, or have arranged to repay them. You must agree to respect the Australian laws and values.
The partner visa 820 is the first step towards a permanent partner visa 801, which will allow you to stay in Australia indefinitely. You apply for both visas at the same time and pay only one application fee. However, you will not be granted the permanent visa until you have been on the temporary visa for at least two years and you have met all the requirements. We will discuss the permanent visa in more detail in the next section.

IS A PARTNER VISA 820 A PERMANENT RESIDENT?

The short answer is no. The partner visa 820 is a temporary visa that does not grant you permanent residency in Australia. However, it does allow you to apply for a permanent partner visa 801, which is the second and final stage of the partner visa process. The partner visa 801 is a permanent visa that lets you stay in Australia indefinitely with your partner, and enjoy the same rights and benefits as an Australian citizen or permanent resident. These include:
  • Access to Medicare: You can access Australia’s public health care system, which covers most of your medical expenses, such as doctor visits, hospital stays, prescriptions, etc.
  • Access to social security payments: You can receive various payments from the Australian government, such as pensions, unemployment benefits, disability support, family tax benefits, etc., depending on your eligibility and circumstances
  • Access to education and training programs: You can enroll in any educational institution in Australia, such as schools, colleges, universities, etc., and pay the same fees as Australian citizens or permanent residents. You can also access various training and skill development programs, such as apprenticeships, vocational courses, etc
  • Right to travel: You can travel in and out of Australia as many times as you want, without any restrictions or limitations. You can also apply for an Australian passport, which will allow you to travel to many countries without a visa
  • Right to vote: You can vote in federal, state and local elections, and have a say in the governance and policies of Australia. You can also run for public office, if you meet the eligibility criteria.
  • Right to sponsor: You can sponsor your eligible relatives to come to Australia as permanent residents, such as your parents, siblings, children, etc.

WHAT ARE THE ELIGIBILITY REQUIREMENTS FOR A PARTNER VISA 820?

The Partner Visa 820 allows individuals to reside in Australia based on their relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. Understanding and meeting the eligibility criteria is essential for a successful visa application. Here are the requirements elaborated:

  • Relationship Status: Establishing a genuine and ongoing relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen is fundamental for this visa. Applicants must either be married, in a de facto relationship, or engaged to be married. The relationship must be proven to be real, continuous, and exclusive, meaning that both parties have a mutual commitment to a shared life to the exclusion of all others. Evidence of the relationship can include financial aspects, the nature of the household, social context of the relationship, and the couple’s commitment to each other.
  • Sponsorship: Applicants need to be sponsored by their Australian partner who is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. The sponsor should agree to support the applicant for their first two years in Australia, including providing financial support and accommodation.
  • Health Requirements: Meeting certain health requirements is necessary for the Partner Visa 820. Applicants must undergo health examinations to ensure they do not have any disease or condition that might be a threat to the Australian public or result in significant healthcare and community service costs.
  • Character Requirements: Good character is crucial for eligibility. Applicants must provide police certificates from each country they have lived in for 12 months or more during the past 10 years. This helps to ensure that the applicant does not have a substantial criminal record and poses no risk to the Australian community.

CONCLUSION

The partner visa 820 and 801 are two stages of the same visa process that allows you to stay in Australia with your partner, who is an Australian citizen, permanent resident or eligible New Zealand citizen. The partner visa 820 is a temporary visa that lets you live and work in Australia while you wait for a decision on your permanent partner visa 801. The partner visa 801 is a permanent visa that lets you stay in Australia indefinitely and enjoy the same rights and benefits as an Australian citizen or permanent resident.

To apply for a partner visa 820 and 801, you must meet the eligibility requirements, such as being in a genuine and ongoing relationship with your partner, being married or in a de facto relationship with them, having a sponsor who is your partner or prospective spouse, meeting the health and character requirements, and agreeing to respect the Australian laws and values. You must also provide evidence of your relationship and eligibility, such as documents, photos, letters, etc.

FAQs

No, visa 820 is a temporary visa that allows you to live and work in Australia while your permanent residency (PR) application is being processed. Once your PR application is approved, you will be granted a subclass 801 visa, which is a PR visa.

After your partner visa 820 is granted, you can start working and studying in Australia. You can also apply for a tax file number (TFN) and Medicare, which is Australia’s public healthcare system. You should also start preparing your PR application, as you will need to apply for PR within two years of your partner visa 820 being granted.

You need to be on a partner visa for two years before you can apply for PR. However, there are some exceptions to this rule, such as if you have a dependent child or if you are in a genuine and continuing relationship with your Australian partner.

Yes, you can leave Australia on a partner visa 820. However, you must return to Australia within five years of leaving, or your visa will be cancelled. Overall, the most important thing to do after your partner visa 820 is granted is to start preparing your PR application. You should also make sure to take advantage of all the benefits that come with being a partner visa holder, such as the ability to work and study in Australia.

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