If you are planning to move to Australia with your de facto partner, you may want to check this de facto visa checklist for your convenience.
De Facto Partner Visa Checklist
The de facto subclass 820 visa in Australia is a temporary visa that allows individuals who are married to or in a de facto relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live and work in Australia.
Here is a partner visa document checklist for your reference:
Sponsorship
When you submit your application and while you are on this visa, you and anybody else applying for the visa with you must have a sponsor. Typically, your partner will be your sponsor. Moreover, your sponsor needs approval. Sponsors will need to provide their:
- Birth certificate
- Relevant personal documents
- Passport
- Biodata
- Evidence of name change
- Evidence of Australian Permanent Residency or citizenship
- Australian Federal Police Clearance
Take note that your sponsor cannot be changed. When you apply for a visa, your sponsor must continue to be the same person who sponsors you for the next two years after we issue your temporary Partner visa (subclass 820). Sponsorships must also be lodged first and approved before partner visas can be lodged. This change will adversely impact onshore Partner visa applicants wanting to lodge a visa application prior to their substantive visa expiring.
Age requirement
Applicants in de facto relationships must be 18 or older when they apply.
Relationship requirement
You must be the de facto partner of an Australian citizen, Australian permanent resident, or an eligible New Zealand citizen. Moreover, your relationship can be of the same or different sex.
Health requirements
The majority of visa applicants must fulfill minimal health requirements before we will grant them a visa in order to uphold Australia’s highest standards for health. For the specific list of medical examinations, you need to take and pass, check this out.
Character requirements
You must be of good character to visit or live in Australia. The character test is enumerated under section 501 of the Migration Act 1958.
Onshore application
The subclass 820 visa is an onshore visa, which means that you must be located in Australia at the time of application. Once you lodge your application, you will be granted a bridging visa that allows you to lawfully reside in Australia while awaiting a decision on your subclass 820 visa.
Evidence of genuine relationship
To be eligible for the subclass 820 visa, you must provide evidence of a genuine and continuing relationship with your Australian partner. This includes proof of shared finances, joint household, social recognition of the relationship, and more.
Payment
Lastly, the visa application will cost you around AUD 8,850 for most applicants (as of August 2023).
FAQs About De Facto Matters
When are couples considered to be in a de facto relationship?
- you are not married to each other
- you have a mutual commitment with your de facto partner to the exclusion of all others
- your relationship is genuine and continuing
- you live together or do not live permanently apart
- you are not related by family.
What is the 12-month requirement?
Normally, you have to have been in a de facto relationship for at least a year (12 months) before applying for this visa. The duration of a de facto partnership may not include time spent dating or in an online connection.
If there are compelling and compassionate reasons for the DHA to grant you a subclass 820 visa, the 12-month requirement may not apply.
Is the 12-month rule always applicable?
No, there are instances when the 12-month requirement is not applicable:
- if your partner holds or held a permanent humanitarian visa; and
- if your de facto relationship existed before the DHA granted their visa; and
- if your de facto partner told the DHA about the relationship before they granted their visa;
- If you are in a de facto relationship with a partner who is an applicant for a permanent humanitarian visa, or
- If you have registered your relationship with an Australian authority such as a registry of births, deaths, and marriages.
How can I prove I’m in a de facto relationship?
You and your partner share evidence of financial and relationship matters like:
- Joint mortgage or lease documents and joint loan documents for major assets like homes, cars or major appliances
- Joint bank account statements household bills in both names.
- Statement of how you share household chores
- Evidence of expenses on groceries and other utility bills
- Evidence of joint responsibility for children
- Evidence of relationship (social events, messages, long term plans)
De Facto Visa Checklist: Benefits of Applying for Subclass 820 Visa
The de facto subclass 820 visa in Australia offers several benefits to applicants. Here are some of the benefits of applying for this visa:
1. Flexibility.
The 820 visa provides a lot of freedom to the applicant. It allows the applicant to live and work in Australia temporarily, and travel in and out of the country as many times as they want.
2. Access to Medicare.
Applicants for the 820 visa gain access to Medicare, which is Australia’s scheme for health-related services. This means that they can receive medical treatment and hospital care at a lower cost or for free.
3. Bridging visa.
When you lodge a temporary subclass 820 application, you will automatically be granted a bridging visa which will allow you to lawfully reside in Australia whilst you await a decision on your subclass 820 visa application. This bridging visa is designed to ‘bridge the gap’ between one visa to the next so that you remain a lawful non-citizen during the application processing time.
4. Pathway to permanent residency and a permanent partner visa.
The 820 visa is the first visa in a two-step process that leads to permanent residency in Australia. After two years, partner visa applicants become eligible for permanent residency (the Partner Visa 801) and can settle in Australia long-term.
Ask a Migration Lawyer About the Partner Visa Application Process
If you are planning to apply for a de facto subclass 820 visa in Australia, this de facto visa checklist may be helpful. However, you must consult a migration lawyer to ensure that your application is successful. These are some of the services that JB Solicitors offer:
- Providing advice on the eligibility requirements for the de facto subclass 820 visa and help you determine if you meet the criteria.
- Preparing the application and ensuring that all the required documents are included. We can also advise on the best way to present your evidence to support your application.
- Liaising with the Department of Home Affairs on your behalf and providing updates on the progress of your application.
- Responding to requests for information. If the Department of Home Affairs requests additional information or documentation, a migration lawyer can assist with preparing and submitting a response.
- Appealing a decision if your application is refused, a migration lawyer can assist with appealing the decision and represent you at the Administrative Appeals Tribunal.
We can provide valuable assistance with a de facto subclass 820 visa application, helping to ensure that your application is successful and that you can join your Australian partner in Australia.
Contact us today if you have any questions about this de facto visa checklist and let’s start your new journey.
