Temporary Partner Visa (Onshore) Subclass 820

You might not be eligible to apply for this visa if you do not hold a substantive visa and you have had a visa cancelled or refused, see Limitations on applications in Australia.

If you do not hold a substantive visa and are eligible to apply for this visa, you must do the following:

• Include a ‘Sponsorship for a Partner to Migrate to Australia’ online form completed by your sponsor. Your sponsor must be an Australian citizen, permanent resident or an eligible New Zealand citizen. Your sponsor can lodge the form using your ImmiAccount or their own ImmiAccount once they have your Transaction Reference Number (TRN) or Application ID.
• Provide evidence to demonstrate your sponsor’s status (for example, passport or birth certificate). A driver’s licence or Medicare card is not sufficient evidence.
• Include a minimum of two statutory declarations, each made within the last six weeks by an Australian citizen, Australian permanent resident or eligible New Zealand citizen confirming that you and your sponsor are in a married or de facto relationship. The Commonwealth Statutory Declaration form is available from the Attorney-General’s Department.
• Provide evidence that the declarants are Australian citizens or permanent residents, or eligible New Zealand citizens (for example, passport or birth certificate). A driver’s licence or Medicare card is not sufficient evidence. 

If this information is not included when you lodge your application, it may be deemed invalid.

Note: If you do not hold a substantive visa at the time you apply for this visa, you will have to meet additional criteria to be granted this visa.

If you want immigration assistance, see Who can help with your visa application.

You must be the spouse or de facto partner of an:

• Australian citizen
• Australian permanent resident or
• eligible New Zealand citizen.

This applies when you make your application and when your application is being decided.

Your relationship can be with someone of the same or different sex.

If you are experiencing domestic and family violence, we may be able to help you. You can apply for consideration to be granted your temporary and permanent visa. For more information, see Domestic and family violence and your visa.

For more information see Changes in your situation.

Married applicants

You are a married applicant if your marriage is valid under Australian law, and:

• you have a mutual commitment with your spouse to the exclusion of all others
• your relationship is genuine and continuing
• you either live together or do not live permanently apart
• you are not related by family.

To find out if your marriage is valid under Australian law, contact the relevant state or territory agency for births, deaths and marriages.

De facto partners

To be a de facto partner, you must be in a de facto relationship.

You and your partner are in a de facto relationship if:

• 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.

Usually you must be in a de facto relationship for at least 12 months immediately before you apply for this visa. Time spent dating or in an online relationship might not count as being in a de facto relationship.

The 12-month requirement will not apply if you can show us compelling and compassionate circumstances exist for you to be granted the temporary Partner visa (subclass 820).

The 12-month requirement also will not apply if:

• your partner holds or held a permanent humanitarian visa
• your de facto relationship existed before we granted their visa
• your de facto partner told us about the relationship before we granted their visa.

It also will not apply if:

• you are in a de facto relationship with a partner who is an applicant for a permanent humanitarian visa
• you have registered your relationship with an Australian authority such as a registry of births, deaths and marriages.