The temporary Partner visa (subclass 820) allows you to live in Australia if you are the spouse or de-facto partner of an Australian citizen or an Australian permanent resident. The temporary Partner visa (subclass 820) is the first stage towards a permanent Partner visa (subclass 801).
You must be married or in a de-facto relationship with an Australian citizen or Australian permanent resident. The following conditions need to be met:
The relationship must be genuine and ongoing relationship.
You must live with your partner or, if you do not, any separation must be only temporary.
Both parties must freely consent to the relationship.
Your marriage must be valid under Australian law. Underage, polygamous and same-sex marriages are not legal in Australia. The marriage could be valid under limited circumstances if one person is younger than 18 years of age. Same-sex couples can apply for this visa based on their de facto relationship.
De facto applicants
Usually your de facto relationship must have existed for at least 12 months immediately before you apply for this visa. Time spent dating does not count towards a de facto relationship. You can be granted a visa without having been in a de-facto relationship for 12 months if:
• you can demonstrate compelling and compassionate circumstances, such as having dependent children
• your partner has been granted a permanent humanitarian visa and your de facto relationship existed before it was granted, and you told us about the relationship before the visa was granted
• your de-facto relationship has been registered in Australia (this is not available in all states and territories).
You must also be older than 18 years of age and not be related to your partner by family. This means you cannot be an ancestor or descendant of one another, or have a parent in common.
In most cases, the permanent residence subclass 801 visa cannot be granted less than two years from when you lodge your application for the subclass 820 visa. You could be granted a permanent visa without having to fulfil the usual two-year waiting period if:
your relationship breaks down and there is a child of the relationship
your partner dies and you can show that your relationship would have continued if your partner had lived and you have close business, cultural or personal ties in Australia
your relationship breaks down and you or members of your family unit have suffered family violence
at the time you apply, you have been in a partner relationship with your partner for three years or more, or two years or more if you and your partner have a dependent child of your relationship.