Partner Visa (Temporary) – Subclass 820

Not directly. Condition 8503 prevents you from applying for most visas while in Australia. However, you can request a waiver of this condition in certain circumstances – for example, if your circumstances have changed since the visa was granted, or if there are compelling and compassionate reasons. The waiver must be approved BEFORE you can lodge your partner visa application. We can assess whether a waiver is possible in your specific situation during a consultation.

You have two options: (1) Register your relationship with a state or territory Births, Deaths and Marriages agency – this removes the 12-month requirement entirely, or (2) Demonstrate compelling and compassionate circumstances, such as having a child together from the relationship. Registration is available in most Australian states and is the simplest solution. We can guide you through the registration process if needed.

Evidence that you and your partner share financial matters, live together, are recognised socially as a couple, and are committed to a long-term relationship. This includes joint bank accounts, shared bills, statements from witnesses, and evidence of shared responsibilities

Generally, no. There must be at least 5 years between sponsorships. Since only 4 years have passed, your partner would normally need to wait another year before sponsoring you. However, there are limited exceptions in compelling circumstances. Additionally, your partner can only sponsor a maximum of 2 people in their lifetime for partner visas. We can review your partner’s sponsorship history and advise on options.

You may still be eligible under the Family Violence Provisions if your relationship ended due to family violence committed by your sponsor. You may also be eligible if your partner died during the application process. You must notify the Department using the ‘Notification of Relationship Cessation’ form in ImmiAccount. All information you provide is kept confidential. If you’re experiencing domestic and family violence, please contact and reach out to us – we can help you understand your options.

Processing time Australian visa subclass 820 varies significantly and depends on: (1) completeness of your application and supporting documents, (2) how quickly you respond to requests for additional information, (3) time taken to verify information, and (4) current application volumes. Complete applications with thorough de facto relationship proof typically process faster than incomplete ones.

Yes, you can include dependent children in your application when you lodge, or after you lodge but before the 820 visa is decided. Your child must be in Australia at the time of application. They must meet health and character requirements. If the other parent has custody rights, you’ll need their written consent (Form 1229) for the child to migrate to Australia, or a court order allowing the child to migrate. Important: You cannot add family members after the 820 visa is granted – they would need to apply for a Dependent Child visa (subclass 445) separately.

It depends on your situation. If you hold a substantive visa, you can use Form 888 – Supporting statement in relation to a Partner or Prospective Marriage visa application. However, if you do NOT hold a substantive visa, you must provide a minimum of two statutory declarations using the Commonwealth Statutory Declaration form (available from the Attorney-General’s Department) – Form 888 is NOT acceptable in this case. The declarations must be made within the last 6 weeks by Australian citizens, permanent residents, or eligible New Zealand citizens who can confirm your relationship.