# Partner Visa 820/801



## sudeepdai (Jan 26, 2015)

Hi Guys

Hope all of you are doing well. Feels good to be back here. 

I am a permanent resident just got married and want to get my wife here to Australia. 

I just have a few questions:

1. Is it the 820/801 Visa? 

2. Is there a document checklist for the visa? 

3. I have known my wife for the last 2 months and have relationship history only of that. There is no joint bank accounts / joint rental payments etc as we havent stayed together. I hope that is not going to be an issue. Can you please shed some light? 

4. Is there any list of specific forms that would need to be filled? Like Form 80 for my partner, any other forms as such? 

5. Current processing timelines? Ive heard people saying 20 months but it that real or are the visas coming in earlier than the timelines?

6. How does it work with applying tourist visa first and then applying the partner visa? Are there any work rights on bridging visa? 

Thanks for the help guys! This page has helped me a lot. 
Let me know if I can be of any help. 

Cheers


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## veshi (Sep 13, 2019)

sudeepdai said:


> Hi Guys
> 
> Hope all of you are doing well. Feels good to be back here.
> 
> ...


1. Yes
2. Check here https://immi.homeaffairs.gov.au/vis...a-listing/partner-onshore/temporary-820#HowTo under gather your documents
3. Is she in Australia? Can you arrange a joint bank account as of now? What proof do you have except the 2 months and marriage certificate? Because it might be an issue, you need to prove that the relationship is genuine and continuing. What can you arrange for it? You actually need two statements from Australian citizens/permanent residents that know both you and your wife and witnessed your relationship and can confirm they think the relationship is genuine. Did you visit each other while you were in Australia?
4. Form 888 for witness statements, you might be required to fill the form 80 depends on your CO.
5. Visas come early only if you have been in long term relationships like 3-5 years, which you are not or if you have children and have been together for 2 years (if I'm not mistaken). Usual visa processing times are 24 months for 820 and up to 24 months for 801, so around 4 years in total.
6. Some tourist visas have a condition that does not allow a person to apply for an another visa while they are onshore, so they have to leave before applying for another visa (meaning apply offshore). It depends on CO. Can you bring her on a student visa? I would probably use a migration agent or lawyer and ask them this question.

In general, your case seems a bit tight, I would probably advise you to use a migration agent as they would be able to make your case look better as they know laws and regulations.


Also, there is the documented statement you and your partner need to prepare and it needs to include this: Can you actually provide these details?

Your relationship with your partner
If you are married, provide your marriage certificate or other evidence that your marriage is valid in Australia. If you are a de facto partner, provide proof of your de facto relationship.

This proof should show that:

you have a mutual commitment with your spouse or de facto partner to the exclusion of all others, your relationship is genuine and continuing, you either live together or don't live permanently apart, you are not related by family

Tell us in writing about:

how, when and where you first met, how the relationship developed, when you moved in together, got engaged or married, what you do together, time you spent apart, significant events in the relationship, your plans for the future

Finances

Show us how you and your partner share financial matters. You could give us:

joint mortgage or lease documents, joint loan documents for major assets like homes, cars or major appliances, joint bank account statements, household bills in both names

Your household

Show us how you and your partner share domestic matters. You could give us:

a statement about how you share housework, household bills in both names, mail or emails addressed to you both, documents that show joint responsibility for children, documents that prove your living arrangements

Social matters

Show us evidence that others know about your relationship, such as

joint invitations or evidence you go out together, proof you have friends in common, proof you have told government, public or commercial bodies about your relationship, proof you do joint sporting, cultural or social activities together, proof you travel together

Commitment

Show us how you are committed to a long-term relationship with each other. You could give us:

proof you have knowledge of each other’s background, family situation or other personal details. You could tell us this at an interview proof you have combined your personal matters, the terms of your wills, proof you stay in touch when apart.


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## sudeepdai (Jan 26, 2015)

veshi said:


> 1. Yes
> 2. Check here https://immi.homeaffairs.gov.au/vis...a-listing/partner-onshore/temporary-820#HowTo under gather your documents
> 3. Is she in Australia? Can you arrange a joint bank account as of now? What proof do you have except the 2 months and marriage certificate? Because it might be an issue, you need to prove that the relationship is genuine and continuing. What can you arrange for it? You actually need two statements from Australian citizens/permanent residents that know both you and your wife and witnessed your relationship and can confirm they think the relationship is genuine. Did you visit each other while you were in Australia?
> 4. Form 888 for witness statements, you might be required to fill the form 80 depends on your CO.
> ...


Thanks heaps Veshi for the information. 

I had an arranged marriage with my partner. So I dont really have proof of 3-5 years of the relationship history. As of now, the documents that I have are:

1. Marriage Certificates
2. Call Logs for the last couple of months
3. Relationship Documents from the council 
4. Photos of Marriage ceremony
5. Venue Booking papers for the actual marriage ceremony
6. Fairly strong and genuine statement. 

My partner is overseas and I am here so we dont really have a joint bank account either. 

Do you think the documents are not strong enough? What would you suggest to put in to make it better and solid?


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## veshi (Sep 13, 2019)

sudeepdai said:


> Thanks heaps Veshi for the information.
> 
> I had an arranged marriage with my partner. So I dont really have proof of 3-5 years of the relationship history. As of now, the documents that I have are:
> 
> ...


Personally, I do not think your proof is strong enough at the moment and it's possible your request for a visa might get rejected. Knowing your spouse for two months before the wedding, then getting married and not living together (yes I know she is overseas so it's hard) does not really show the relationship is genuine. I do know yours is, but the CO might not know that as you do not have enough proof (and a certificate is not exactly a very strong proof, I read an interview with CO that stated he doesn't even look at marriage/relationship certificates because they are so easy to obtain). You have to write a statement for yourself and your wife for herself describing your relationship, commitment, finances, how the household is taken care of and since you both do not live together (and one of the requirements is to not live permanently apart) and since you've never lived together this will be hard to prove.

My advice to you would be - bring her on a student visa. Enroll her to some easy college for a year for some beginner English course if she doesn't know it or some intermediate if she does. If her English is good then enroll her in some 1-year course in college so she can study something she likes. On a student visa she can work up to 20h a week and you can move in together and make join accounts and manage your household as husband and wife. And then after a year (or even less) when you get enough proof, apply for a partner visa.


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## Garys (Oct 13, 2014)

Hi All

A quick query please. I had applied and was granted 820 visa for my partner. I had applied in February 2018 for 820.

As 2 years have almost completed, my understanding is that I am eligible to apply for 801 visa for my partner.

My Query is- Will the department of immi get in touch with me and ask for further documents(like proof of relationship) or should I start uploading the documents myself?

Appreciate your responses and help

Thanks


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## Kanigargk (Jan 16, 2020)

sudeepdai said:


> veshi said:
> 
> 
> > 1. Yes
> ...


Hi , 
I’m in a similar situation. How did you go about the - ‘not living together at the moment’ part ? 

I have already submitted my EOI for 189 in November 2019 as single applicant. 

Now I’m planning to get married but I’m not able to decide whether we will be able to prove our relationship to be genuine and ongoing because I’m working in Hyderabad (India) and my to be husband would be working in Gurgaon (India). Hence , we would be living in two different cities after marriage. And won’t be able to provide joint lease agreement as proof of shared household. Will DHA understand that we are living apart due to work if we provide other proofs of financial aspect and statutory declarations ?? 

Please suggest what shall be done here and how did you apply when u didn’t have any proofs of living together (same situation)?


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