What Is the Subclass 820 Spouse Visa?

Who can apply for the Subclass 820 spouse visa?

The Subclass 820 spouse visa can be applied for by a person in Australia who is married to, or in a de facto relationship with, an eligible sponsor. The sponsor must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen and must not be blocked by the sponsorship limits in regulation 1.20J. The applicant must meet health, character and public interest criteria. Our page on the Subclass 820 visa explains eligibility, and our Subclass 820 visa guide explains the application.

Can I stay in Australia while the Subclass 820 is processed?

An applicant can usually stay in Australia while the Subclass 820 is processed, because a valid application lodged while the applicant holds a substantive visa normally results in a bridging visa A. The bridging visa takes effect when the current visa ends. Leaving Australia on a bridging visa A ends it unless a bridging visa B is held. Our articles on the partner visa bridging visa and the bridging visa B explain the rules.

What can stop a Subclass 820 application in Australia?

A Subclass 820 application in Australia can be stopped by condition 8503 on the applicant's current visa, which prevents lodgement unless waived, and by the Schedule 3 criteria that apply to applicants without a substantive visa. A waiver of Schedule 3 needs compelling reasons, and a genuine relationship alone is generally not enough. Our articles on Schedule 3 criteria and the condition 8503 waiver explain both rules.

How does the Subclass 820 become the permanent Subclass 801?

The Subclass 820 becomes the permanent Subclass 801 through the second stage of the same application, which the Department generally assesses two years after lodgement. The couple provides updated evidence that the relationship continues, along with police certificates where requested. Where the relationship has ended before this stage, the Subclass 801 can generally be granted only if an exception applies, such as family violence by the sponsor or the death of the sponsor. Where the couple has been in a long-term relationship, as the regulations define it, the Subclass 801 may in some cases be granted soon after the Subclass 820. Our article on Subclass 820 versus 801 explains the difference between the two stages.

Can I work on the Subclass 820 spouse visa?

A Subclass 820 holder can work and study in Australia without a limit on hours, and can usually enrol in Medicare. Work rights on the bridging visa before grant depend on the bridging visa's conditions. Our article on Subclass 820 work rights and the bridging visa explains the position. A Subclass 820 holder can also travel overseas and return while the visa is in effect, although long absences may weaken the evidence that the couple lives together.

How does My Migration Lawyers prepare a Subclass 820 spouse visa?

My Migration Lawyers prepares a Subclass 820 spouse visa by first confirming that the applicant can lawfully lodge in Australia, which means reading the current visa conditions and expiry and reviewing past applications. The firm then builds the marriage and relationship evidence, lodges the combined application and manages the bridging visa and every request from the Department. Couples in Australia can speak with our partner visa lawyers before the current visa ends.