The temporary Partner visa (subclass 820) allows you to live in Australia if you are the spouse or de facto partner of:
- an Australian citizen
- an Australian permanent resident
- an eligible New Zealand citizen.
In some circumstances the visa can be granted where your partner relationship has ended.
The temporary Partner visa (subclass 820)
This is the first stage towards a permanent Partner visa (subclass 801). You must be in Australia when you apply and also when this visa is decided.
You lodge one application form for your temporary and permanent 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 citizen
- an Australian permanent resident
- an eligible New Zealand citizen.
You must be in a genuine and ongoing relationship. You must live with your partner or, if you 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 you lodge your application. You could be granted a permanent visa without having to fulfil the usual two-year waiting period if:
- your relationship breaks down and there is a child of the relationship
- your partner dies and you can show that your relationship would have continued if your partner had lived and you have close business, cultural or personal ties in Australia
- your relationship breaks down and you or members of your family unit have suffered family violence
- at the time you apply, you have been in a partner relationship with your partner for three years or more, or two years or more if you and your partner have a dependent child of your relationship.
820 Married applicants
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.
820 De facto applicants
Usually your de facto relationship must have existed for at least 12 months immediately before you apply for this visa. Time spent dating does not count towards a de facto relationship. You need to provide evidence of your defacto relationship.
You can be granted a visa without having been in a de facto relationship for 12 months if:
- you can demonstrate compelling and compassionate circumstances, such as having dependent children
- your partner has been granted a permanent humanitarian visa and your de facto relationship existed before it was granted, and you told us about the relationship before the visa was granted
- your de facto relationship has been registered in Australia (this is not available in all states and territories).
You must also be older than 18 years of age and not be related to your partner by family. This means you cannot be an ancestor or descendant of one another, or have a parent in common.
To be a sponsor you must:
- be an Australian citizen, permanent resident or eligible New Zealand citizen
- be in a married or de facto relationship with your partner
- be older than 18 years of age.
If you are married and younger than 18 years of age, a parent or guardian must be the sponsor. That parent or guardian must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
Australian permanent residents or eligible New Zealand citizens are expected to be living in Australia. Eligible New Zealand citizens might need to have a health examination or character check. We will tell you if you need these checks.
If you have been granted a Woman at Risk visa (subclass 204) in the last five years, you cannot sponsor:
- someone who was your partner when you were granted a Woman at Risk visa
- a previous partner that you did not tell us about when you were granted your Woman at Risk visa.
Your sponsorship might not be approved if you:
- were sponsored for a Partner or Prospective Marriage visa within the past five years
- have successfully sponsored two people for migration to Australia on a Partner or Prospective Marriage visa
- have successfully sponsored another person for migration to Australia on a Partner or Prospective Marriage visa within the past five years.
Your sponsorship could still be approved in compelling circumstances, such as:
- your previous partner has died or abandoned the relationship, leaving you with young children
- your relationship with your current partner has been longer than two years
- you and your partner have dependent children from your relationship.
Contributory parent visa holders
If you were granted a Contributory Parent category visa after 30 June 2009, you cannot sponsor your partner for five years from the date your visa was granted if you were in relationship with that person before the visa was granted. There are some exceptions to this limitation.
Family violence protection measures
If your partner’s visa application was made on or after 18 November 2016, you will be required to:
- provide police checks to the department when requested and
- consent to the department disclosing any conviction for a relevant offence to the applicant(s) you are sponsoring.
Your sponsorship will not be approved if you have a conviction for a relevant offence and a substantial criminal history. A relevant offence includes, but is not limited to offences involving violence, intimidation, breaching a protection order, people smuggling, human trafficking and weapons.
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