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What is the Partner Visa Subclass 820/309?

Home / Migration / Partner Visa Subclass 820 or 309 (First Stage)

The Partner Visa Subclass 820/309 is an initial stage of a two-step process for individuals in relationships with Australian citizens, Permanent Residents, or eligible New Zealand citizens. This stage encompasses the temporary visa (820 or 309) and the subsequent permanent visa (subclass 801 or 100), applied for simultaneously.

What are the Eligibility Criteria?

•    Age Requirement: Applicants must be over 18 years old. For married applicants, usually 18 or older due to Australian marriage laws.

•    Genuine Relationship: Proof of a committed, shared life, considering cohabitation, financial interdependence, social aspects, and commitment level.

•    De Facto Relationship: Evidence of cohabitation for 12 months or registration of relationships in recognized states. Married applicants don’t need 12 months but must prove current cohabitation.

•    Health & Character: Full health and police checks required. Waivers are possible for specific health conditions that don't excessively burden Australia.

•    Debt Repayment: Applicants or related family members owing money to the Australian government must have repaid or arranged repayment.

Conditions & Duration of the Visa

•    Subclass 309 (Offshore): Allows travel to Australia and cohabitation with the partner.

•    Subclass 820 (Onshore): Allows stay in Australia with the partner throughout the application process.

•    Both visas remain valid until a decision is made on the permanent visa application, which can be lodged after 2 years from the initial application.

Including Dependents

It’s possible to include dependents in the application, provided they meet the secondary applicant’s requirements as dependents of the primary applicant or members of the primary applicant's family unit.

What Activities Can You Do on this Visa?

•    Work and stay in Australia until the Department of Immigration decides on the permanent Partner visa (subclass 801).

•    Study, travel to and from Australia without restrictions, attend English language classes, enroll in Medicare.

Processing Time

•    Varies widely; review the Department of Home Affairs' current processing times here for onshore and here for offshore applications.

Frequently Asked Questions

•    Cost: Partner Visa fees are generally non-refundable. Check the Government visa application charge.

•    Post-Application: After submission, applicants await a case officer allocation for finalization. Priority processing has led to quicker decisions recently.

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