Do I Need to Be in Australia When My 820 Is Granted?

Why must I be in Australia when the Subclass 820 is granted?

The applicant must be in Australia when the Subclass 820 is granted because the Subclass 820 is an onshore visa, and the regulations require the applicant to be in Australia both at lodgement and at the time of decision. If the applicant is overseas when the Department is ready to decide, the Department will usually wait for the applicant to return. This rule catches couples who assume that an onshore application can be finished from anywhere once it has been lodged. It also means that an applicant who leaves Australia for a long period can hold up their own grant, even when every other criterion is met. Our page on the Subclass 820 visa explains the onshore criteria.

Can I travel overseas while my Subclass 820 is processed?

An applicant can travel overseas while the Subclass 820 is processed if they hold a visa that allows them to return, usually a Bridging Visa B. The Bridging Visa B must be granted before departure, and the applicant must return within the travel period it allows. Leaving on a Bridging Visa A ends that bridging visa, and the applicant may then have no visa to return on. Our articles on the Bridging Visa B and partner visa overseas travel explain how to travel safely.

What happens if I am overseas when the Department is ready to decide?

An applicant who is overseas when the Department is ready to decide the Subclass 820 must return to Australia before the visa can be granted. The Department may contact the applicant or the authorised recipient to confirm travel plans. If the Bridging Visa B travel period has ended, the applicant may not have a visa to return on, which can cause serious problems for the application. Our article on partner visa processing delays explains how an absence slows a decision.

What if my Bridging Visa B is refused?

A refused Bridging Visa B means the applicant should not leave Australia unless they accept the risk of being unable to return on that bridging visa. The Department may refuse a Bridging Visa B where the reason for travel is not substantial or is poorly evidenced. A new application with better evidence may be possible, depending on the circumstances. Our article on a refused Bridging Visa B explains the options.

Does travelling overseas affect the relationship assessment?

Travelling overseas does not by itself affect the relationship assessment for the Subclass 820, but long periods apart need explaining. Trips taken together can support the relationship evidence, while long separate trips can raise questions about whether the couple lives apart on a permanent basis. Our article on the onshore partner visa explains what the Department expects during processing.

How does My Migration Lawyers protect a Subclass 820 grant when clients travel?

My Migration Lawyers checks the applicant's bridging visa before any trip is booked, applies for the Bridging Visa B with evidence of the reason for travel and sets the return date with the processing stage in mind. Where a decision appears close, the firm advises whether travel should wait so the grant is not held up by the applicant being overseas. Applicants can speak with our partner visa lawyers before making travel plans.