820/801 Visa FAQ: Top 10 most common questions about the Australian Partner Visa (with full answers!)
In the 14 months since I published my blog series on applying for the 820/801 Australian Partner Visa, I’ve received hundred of comments (more than 700, at the time of writing!) about the online application, specific documents, what evidence to provide, getting a BVA or BVB, and a myriad of other concerns that couples are having as they either prepare to submit or await a decision on their application.
Although I should remind readers yet again that I’m not a migration agent (I’m just a ruthlessly organised girl who likes to help people), I always do my very best to answer the questions you’ve posed, because I do know how stressful this process can be. And it really should comfort you to know that HEAPS of people have the exact same question as you— you are not alone in wondering how to format your relationship statements or whether Form 40SP is actually necessary!
In an effort to provide further clarity around common areas of confusion, I thought it might be helpful to write an FAQ post, so I went through all of the comments I’ve responded to in the last year and pulled out the top questions asked by readers. Below, I’ll answer 10 of the most frequently asked questions in as much detail as possible, and hopefully this will help answer future questions about the 820/801 Australian Partner Visa!
What's in this travel guide
Read my whole series on applying for the 820/801 Australian Partner Visa for more information about preparing your evidence, lodging your application, and the next steps. If you’re just beginning, start with this post to get an overview (and to read about our story). And, as always, please remember that I am not a migration agent or affiliated with Home Affairs in any way, so all the information provided in these posts and in the comments below is based entirely on my own experience and my own understanding of the application process.
1 | Cohabitation requirements
How do you satisfy the de facto partner requirement if your partner is initially coming to Australia on a 601 ETA visa? I mean, you would basically be living together for 2 months or so before needing to submit the 820 application, otherwise the BVA wouldn’t be granted and my partner would need to leave after the 3 month 601 visa expired. -Jamie
This is a tricky question and one that really troubles people who haven’t lived with their partner for a minimum 12 months, worrying that they won’t be considered de facto. You’ll need a strong application with heaps of evidence in other categories (social aspects, financial aspects, etc), but it’s still possible to qualify for a partner visa under these circumstances!
A friend of mine was recently in a very similar situation. She’d been with her partner just over a year, in Australia for most of the relationship but not living together, and then spent the last 6 months back home before returning to Australia on a tourist visa at the end of 2019. She moved in with her partner for about 2 months and then she applied for the Partner Visa, meaning they had ONLY lived together for 2 months at the time of application. She lodged her visa with the help of a migration agent, who thought they had a strong chance of being approved, given a wealth of other evidence demonstrating their committed relationship. Even though they hadn’t lived together for 12 months when they applied, the 24-31 month waiting period on the 820/801 visa means they will easily fulfil the requirement before a CO ever glances at their application. If you find yourself in a similar situation, don’t be discouraged, but my best advice would be to seek help from a migration agent ASAP.
It’s also important to mention that 12 months of cohabitation is NOT the only way to fulfil the de facto requirement for the 820/801: Home Affairs will waive the minimum 12 months if you register your relationship with the state government. Not all states offer relationship registration, which could certainly complicate matters, but it’s not difficult to get the certificate if you live in one of the states listed below:
The process of registering your relationship differs slightly depending on where you live, but when we registered our relationship in NSW (just as an additional piece of evidence, because I like to be thorough) we filled out a basic form, had it witnessed by a JP, paid a fee, and then waited a couple months (a “cooling off” period) before we received the document in the mail.
2 | Character limit on 5 aspects of relationship
Just one question about the 5 aspects of relationship – with the longer-than-2000-characters statements, I understand that you uploaded each of the 5 as separate attached statements. But what did you write in the boxes in the IMMI online application? Did you leave them blank or did you write maybe the few lines of each statement, then continue in the attachments? -Yong
When writing statements about each of the 5 aspects of your relationship, as required on the online application for a Partner Visa, it’s very likely you’ll go over the 2000-character limit. An easy way around this is to write your statements in Word and then upload as evidence after submitting the visa.
If writing these longer statements, it’s really up to you whether you want to do a quick summary or truncate the full statement in the text boxes on the application, or even just write “see XXX document in uploads for full statement”. There isn’t really one “right” way to do it, so do whatever seems most logical to you as long as the CO will know where to find the full statement when assessing your application. Just don’t leave the box blank!
3 | Formatting statements about your relationship
I was just wondering if you had any advice on how to format the statements? My partner and I are currently writing them but I don’t actually know how best to format/ structure them.. do you have any advice for this? -Elise
Writing and formatting statements about your relationship is incredibly personal and there’s no set structure defined by Home Affairs as long as you speak to each of the 5 categories. You might choose to write each statement as a long letter or use bullet points to show specific dates— this isn’t an essay contest and you’re not being assessed on the strength of your creative writing, rather the content of the statement and whether it really demonstrates a serious, committed relationship.
My only specific recommendation would be to reference documents and evidence that you’ve uploaded throughout the statements. For example, if you’re writing about financial aspects of your relationship and you’re explaining that you and your partner have a joint account to contribute equally to household expenses, you might say “see xxx document in the uploads section”, which is either proof of the joint account or a joint bank statement.
I’m sure many successful applications have been less meticulous than this, but I wanted to make sure the CO understood every piece of evidence and every aspect of our relationship, and it certainly never hurts to be thorough!
4 | Statements from overseas family & friends
We are in the process of lodging my partner’s partner visa onshore. Just got a question, as both our parents are in India, do we need their statements just on a piece of paper with their signatures or does it have to be a formal document? -Shelly
Although they don’t take the place of required Form 888s (as these need to come from Australian residents or citizens) and you also won’t be able to have foreign family sign a legal Statutory Declaration (since these need to be witnessed by a JP in Australia), statements from overseas family and friends are still great pieces of evidence.
You won’t really be able to get a “formal” statement from anyone overseas, but I personally had my parents write and sign letters about the time they’ve spent with me and my partner, as well as their relationship with him and his family here in Australia. I didn’t really give them a lot of guidance about how to format the letter, so my mum’s, dad’s, and stepmum’s letters all turned out really different, but they feel incredibly genuine, and that’s what matters.
5 | Sponsorship application & sponsor documents
While applying for 820 visa for my wife, I have added all my (Sponsor) documents in the same application which was lodged for my wife, do you think that should be fine? I can see in few comments that you have mentioned doing the Sponsor documents as a separate application from a different account, but here you have mentioned it is fine to do it altogether, can you please let me know which one is the right way? -Bob
There’s been considerable confusion around the sponsorship application and the evidence documents that need to be uploaded for the sponsor, which does happen in different places. To clarify, you need to complete a sponsorship application online in IMMI (called Sponsorship for a Partner to Migrate to Australia), and this is SEPARATE from the main 820/801 application. This sponsorship application can be completed from the same IMMI account that was used for the main application, it doesn’t cost anything additional, and you will link it to the main application using the TRN provided after submission, but it is its OWN application to be completed by the sponsor.
If you’ve done this correctly, there should be 2 applications displayed when you log into the IMMI account: one with the applicant’s name and one with the sponsor’s name. I’ve written out a detailed step-by-step guide to completing the sponsorship application in this post: SPONSORSHIP FOR A PARTNER TO MIGRATE TO AUSTRALIA: COMPLETING THE SPONSOR SECTION OF THE 820/801
Then, you ALSO need to upload documents relevant to the sponsor (e.g. passport, proof of citizenship, etc), and this is done under the Sponsor Documents tab on MAIN application in IMMI. All of the required and recommended documents are discussed under the Sponsor Documents heading at the end of this post: UPLOADING EVIDENCE TO OUR 820/801 AUSTRALIAN PARTNER VISA APPLICATION
6 | Form 80, Form 1221, Form 888, Form 40SP
I’m slightly confused here… do I need to complete all these forms? Form 888 and form 80 only? Are there any forms that mandatory? I’ve seen a few form 40sp, form 40 so I’m very confused. -Chermaine
There are so many forms associated with the 820/801 Partner Visa, many of which aren’t mentioned on the Home Affairs site, but then do appear under the “Recommended” tab when uploading through IMMI. It’s seriously confusing!
Some of these forms are 100% necessary (like Form 888), but with others, it’s not so clear. Form 40SP appears to be the old paper version of the sponsorship application that’s now online and both Forms 80 and 1221 are extremely repetitive of information you’ll already have provided in the main online application. BUT, since they are still listed as “Recommended” under their own subheadings in the upload portal on IMMI, the general consensus is that it’s better to do a few extra forms that might not be needed rather than to omit important forms from your application and risk delaying your visa.
Here’s a quick rundown of the forms in question:
- Form 888: Statement provided by friends or family about your relationship with your partner (REQUIRED, minimum 2)
- Form 80: Personal details to be completed by the applicant (RECOMMENDED)
- Form 1221: More personal details to be completed by the applicant (RECOMMENDED)
- Form 40SP: Personal details to be completed by the sponsor (RECOMMENDED)
- Form 40: Not relevant to the Partner Visa (DON’T COMPLETE)
7 | Form 47SP
I am just uploading our evidence, and printed out a Form 80, and form 1221 which I, the applicant need to complete, and then the 40SP form for my boyfriend, the sponsor. I was just looking over his form, and it says on the front page that I, his partner, need to complete a form 47SP ‘Application for migration to Australia by a partner’ – did you do this form aswell? This is the first I’ve seen of it i’m pretty sure… -Imogen
And still more forms! Unlike the forms mentioned above, though, Form 47SP, which looks to be the paper version of the full 820/801 Partner Visa application, is not listed as a “Recommended” document in the upload portal on IMMI, nor is it given its own subheading. If you really want to err on the side of caution and complete the form anyway, it certainly won’t hurt, but it does seem that Form 47SP is simply no longer necessary.
8 | Getting a Bridging Visa A
I am just curious, is the bridging visa granted as soon as you have submitted the online form and then paid, or do you have to upload all your evidence before you receive the visa? Thanks so much! -Tom
As soon as you submit the 820/801 Partner Visa application and your payment is processed, a Bridging Visa A (BVA) will be issued and a record will be sent to your email. This is usually within a day or two of submitting, since payment is relatively quick, and it doesn’t have anything to do with the uploading of evidence or even the completion of the sponsorship application.
If you are currently on a visa (e.g. student visa with 3 months left or tourist visa with 1 month left), the BVA typically won’t become active until your other visa expires, but it is still issued right away.
9 | Work rights on Bridging Visa A
I will be on a student visa when I apply for the partner visa. Do you know if my rights of work remain the same as student visa or with the bridging visa that I will hold after the application, I will have full time rights of work? -Zep
Generally, all holders of an active Bridging Visa A (BVA) will receive full work and study rights. This was my situation as I moved from a student visa to a BVA and I haven’t heard from anyone who experienced something different (please feel free to comment below if you didn’t get full work rights on your BVA!).
Note that your current visa conditions will still apply until your BVA is ACTIVE. In other words, if you have a few months left on your current student or work visa when your BVA is “ISSUED”, you will still be bound by the conditions of that student or work visa until it expires. Following expiry of your substantive visa, your BVA will become “ACTIVE” and then you will receive full work and study rights through the BVA.
10 | Getting a BVB for travel/family holiday
My partner is applying for 820 & we have booked a Bali holiday for this August. I just got off the phone to an immigration solicitor and she said she doubts they will grant us a Bridging B for just a family holiday and that it needed to be more compelling like a family member dying. I have been crying my eyes out as we have been waiting for this visa for 19 months now and desperately need an overseas holiday. -Skye
I’m not a migration agent (as I keep saying) and I don’t want to challenge a professional, but I know dozens and DOZENS of people who’ve had BVBs granted for an overseas trip or a family holiday, either with or without their partner. With processing times stretching well over 2 years on Partner Visas, Home Affairs really seems to have loosened the requirements and just about any reason to travel will be approved these days.
I’ve personally had 2 BVBs granted, the first for a 3-month backpacking trip around Latin America and the second for an entire year of multiple entries so I can travel to a bunch of places, none of which are related to a family emergency or any special circumstance beyond me just really loving to travel!
Of course every situation is different and I can’t say 100% that all experiences will be the same, but everyone I’ve ever spoken to has gotten their holidays approved. Read more about BVBs in this post, and read comments from other applicants who’ve had BVBs granted for a holiday: APPLYING FOR A BRIDGING VISA B (BVB) WHILE WAITING FOR YOUR 820/801 AUSTRALIAN PARTNER VISA
* I am not a migration agent or affiliated with Home Affairs in any way, so all the information provided in these posts and in the comments below is based entirely on my own experience and my own understanding of the application process.
If you found this post helpful and want to contribute to some of the costs associated with running BrookeAroundTown.com, I would be infinitely grateful!
You can use the PayPal button below to donate whatever you feel this information is worth. If you aren’t able, don’t worry— I will always keep my posts free and accessible for everyone!
UPDATE: A MASSIVE THANK YOU to everyone who’s commented to let me know that you found these posts helpful— I can’t tell you how much it means to me to read your success stories! I worked incredibly hard to compile all of this information (while getting my PhD & teaching), but it’s genuinely been worth it to make even a small difference for my fellow immigrants.
More importantly, though, THANK YOU to everyone who has shared their own experience or answered questions for other readers in the comments below! We are building a wonderful & supportive community of Partner Visa applicants here, and every comment and question is a resource for others.
If you felt like these posts helped with your application, I’d encourage you to come back after your visa is granted (or even after various milestones) and let us all know what happened— it might mean the world to someone else struggling with this process! Best wishes to you all xx bb
The Comments
Manasi
Hey
Last time you guided me about my AUS PR..but unfortunately, we are separated. I & my kids came back to India. We were there for only 2 months. I am planning to send him a divorce notice. but I can’t send it right now because as per the law I have to wait for the next 12 months. Now we are on Provisional 309 temporary partner visa. the process was going on to get it permanent but I came back. Now in this case what will happen to my PR? Can you please guide me on what I need to do or whom I need to contact for this process?
brooke brisbine
ManasiHi Manasi, I’m so sorry to hear about your circumstances, but hope you and your kids are doing well.
Unfortunately, I don’t have any experience to share or advice to offer on your situation, but perhaps one of my other readers will see this comment and chime in. If you haven’t already, I’d contact Home Affairs and ask for guidance. I’ve also heard from readers recently that it may be possible to speak to a migration agent for free, but I don’t have any personal knowledge of the particulars– again, maybe someone else can comment their experience?
Wishing you best of luck!
-Brooke
Anonymous
Yes,it helps alot. Thank you for your insights.
Natalie
Hi Brooke.
My hands cant stop writing my hearty thanks about all this extensively beautiful thing you created! We will see you sometime somewhere bid and famous, and all of us writing in this blog will say :” oh, yey! I know her..she helped me too back then..”
I may have read all the site,but i cant clear some points for sure.
One. The 888 form must be signed by an Aussie citizen or PR, and witnessed by a JP in Australia,right? So my brother who is Aussie and lives in London cant help,am i right?
Two. At first the questions ask you to develop and describe in 5 ways your relationship(up to 2000 words) . And then at the uploading portal it has other names of categories in which you upload your evidence ,right? So its better to follow the structure of the five questions or the portal’s one? And my mind keeps blurring while i am wondering if some categories of the evidence portal can be a sub category of the five initial questions…
brooke brisbine
NatalieHi Natalie, thank you so much for your sweet comment! I’m so happy these posts have been helpful for you 🙂
You are correct that the 888 must be signed by an Aus citizen or PR and witnessed by a JP in Australia, so that would rule out your brother overseas.
And I am very sympathetic to your confusion about the upload portal, it is so poorly organised and makes it nearly impossible to clearly sort things into categories. With that being said, it actually doesn’t matter too much, as long as you organise things logically and get all the evidence in there, they don’t seem overly picky about ONE SET way of organising.
I’m sure you have, but take another look at the post where I outline the evidence we uploaded. It’s not necessarily the only “right way” to lay things out, but it worked for us, so you might be able to adapt it slightly to work for you. Basically you will still write those 5 statements about each aspect of your relationship, and then sort them into whichever upload category seems most logical– it doesn’t hurt to have a ToC or something explaining how you’ve organised things, just to help the CO interpret it!
Hope that helps xx
Ebony
Nice page, thanks for providing such a wonderful opportunity to learn to navigate the PV process.
Oliver Buschmann
Hi Brooke
great blog! I just wanted to ask if you know what additional papers we need to provide to immi if my partner (currently temporary on 820) now wants to apply for the 801 permanent. Do we have to go through the whole process again re evidence etc.? We are a family and have a child together (born in AUS), etc.
Thank you !
Oliver
brooke brisbine
Oliver BuschmannHi Oliver,
Unfortunately I’m not the best person to ask about the 801, as I never had to do the reapplication process by virtue of having my 820/801 simultaneously granted. Best of luck with it, though, you’re so close!
-Brooke
Kaitlyn
I’ve read nearly all your blogs about migrating to Australia and it’s SO nice to feel like I know someone whose been down the path I’m on. It can be so frustrating living in “country” Victoria and feeling like no one can relate to the stress and emotions I have to go through sometimes. Thank you SO much for being so open and fluid and sharing your knowledge with us. Its been crazy during COVID and frustrating not being able to update the application as nothing is happening socially or financially but surely immigration will take this into account when assessing applications. Reading your blogs has absolutely made my day! Thanks so much Brooke!
-Your Fellow American Friend (St. George UT)
brooke brisbine
KaitlynHi Kaitlyn,
Thank you so much for the lovely message, it’s wonderful to hear that these posts have been helpful to you, especially without knowing others who’ve gone through the application process! I do know how stressful this can be, so you are definitely not alone in feeling slightly overwhelmed by it all. Thankfully, it will be soo worth it 🙂
As you said, immigration would definitely be taking into consideration that, during COVID, normal social and financial commitments might have shifted, so I wouldn’t worry about that. Just provide what you can and maybe even include a statement about how you and your partner have supported one another during the pandemic, socially, emotionally, financially, etc.
Best of luck to you 🙂
-Brooke
Ana Ruiz
Hi Brooke,
I really want to thank you for this blog, has been extremely helpful! My partner and I are about to apply for our visa, probably next week, and we are in the final stage of finalising documents and make sure we cover everything.
I have a question regarding the documents which need to be certified. As far as I understand, those are just the 888 Forms, by the witnesses, and our statements about the relationship, is that correct? Would you recommend to certify the rest of the documents, like passports, birth certificates, driving licenses?
Thank you so much in advance!
brooke brisbine
Ana RuizHi Ana,
So happy to hear this blog has been helpful to you!
The ONLY documents that actually need to be certified are the Form 888s. Certifying your relationship statements is entirely optional (I did not do it and it was fine) and there’s also NO need to certify your passport, birth certificate, etc– all you need is a good colour scan.
Hope that helps 🙂
-Brooke
Simon
Hey Brooke,
I have just received my visa 820, i do not know what to do next. It is so confusing because i am wondering i have to wait for 2 more years to apply for 801 or apply now. Please help, thank you!
brooke brisbine
SimonHi Simon,
Because my 820 and 801 were granted simultaneously, I don’t have any personal experience applying for the 801. My understanding is that you will be eligible to apply just before 2 years from receiving your 820 (20 months, or something similar).
Other readers, please feel free to jump in if you have more info to offer!
Sorry I can’t be more helpful, but good luck with it all 🙂
-Brooke
Henu
SimonMy understanding is when one applies for 820, 801 is automatically applied. You would not need to put in a separate application.
The following info is captured from home affairs website under Subclass 801
Partner visa (Permanent)
“You paid for this visa when you made your combined application for the temporary and permanent partner visas.”
Here is the link https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore
brooke brisbine
HenuHi Henu,
While it’s true that the 820 and 801 are a pair of visas and your application for the 820 (including the fee) covers 801 eligibility as well, you DO still have to submit additional paperwork to be considered for the 801, 2 years after your 820 is granted. The only exception is if you’ve been in a long-term relationship (3+ years), in which case your 820 and 801 are granted simultaneously without any additional application or evidence.
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore/permanent-801
Information on the page linked above is admittedly limited, but you can still see under “Process” that there is the need for additional paperwork AFTER your 820 is granted in order to be considered for the 801. It is NOT automatically granted (unless you meet that long-term exemption).
Hope that makes sense!
-Brooke
Annisa Yunia
HenuHi there, just wanna share my experience through my 820/801 visa. I applied on 22nd June 2019, got my 820 exactly a year after that on 22nd June 2020. On May 22nd 2021 I got notification email said that I can apply my 801 on a new application, but it needs to be completely 24 months after the first time you submitted your application from the beginning. So I made new application for the 801, no fees added, and all they need to know is my relationship development since I got my 820 visa. They don’t ask you to attach bunch of forms but you still need to upload some support documents such as travel documents, photos, nature’s of household things, financial aspects.
Hope it will give you a clue of what to do next.
Cheers.
Sarsha Bryant
Hey Brooke,
For your statements that you supply as evidence and your partners. Did you do them all as a statement signed by you or did you do some as Stat decs? Im not sure which option to do?
And thank you for your blog. The only place where the visa application process makes sense!! y
brooke brisbine
Sarsha BryantHi Sarsha,
I personally just typed and signed informal letters rather than completing stat decs– and my application was approved with no issue!
-Brooke
Sarsha Bryant
Sarsha BryantHey Brooke! Also, the statements you provide from overseas family and friends. Did they get it certified in their country or supply a passport copy certified or just signed the statement?
Thanks for your help!
brooke brisbine
Sarsha BryantHi again Sarsha,
My American family just wrote informal letters and signed them 🙂
-Brooke
Louise
Hi,
Thank you for this guide!
I can’t seem to find Form 40SP. Do you know where it’s availalbe?
Thanks,
Louise
brooke brisbine
LouiseHi Louise,
Apologies for the bad link in my post– the links to the 40SP form keep breaking and I’m constantly updating them, which makes me think that Home Affairs might be phasing 40SP out completely. I still completed one anyway, just to be safe. I’ll update the links in this post, and here’s the right form: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwinsZq5hNnqAhXdzjgGHYnoAhw4ChAWMAF6BAgFEAE&url=https%3A%2F%2Fwww.backpackers.com.tw%2Fforum%2Fattachment.php%3Fattachmentid%3D388708%26d%3D1310136494&usg=AOvVaw0e0FsnyVSLORlrB85pWt4e
-Brooke
Gabriela
Hi Brooke,
HUGE thanks for your blog. I came to Australia with my Aussie husband (that time boyfriend, we got married after 3 months) a year ago and got very stressed how to handle the visa process. There is so much information and also fear created around.
I arrived on touristic visa in April 2019. We got married in July back in the Czech Republic. I lodged my application end of November 2019 – your step by step instructions were very helpful. What an impressive amount of time and energy you spent and put into this! Wooooow!
I got granted my BVA with validity since Jan 2020. Till January I was still uploading the documents (digging all archives and trying to put together as much as possible to support my application). Medical check done in Feb, Police check in Apr. My partner was asked to provide national police check from Czech Republic (where we lived together for 2 years). So this was the last document I uploaded to my application.
And yesterday – 30th June I was granted both 820 and 801!
Thanks a lot for your help and inspiration Brooke :-*
brooke brisbine
GabrielaHi Gabriela,
Thank you so so much for the lovely comment, you don’t know how much that means to me to hear I’ve helped even a little on your journey! AND a HUGE congratulations on your grant, that’s such a quick turnaround– you guys must be STOKED!
I’m sure it’s well-deserved 🙂 Hopefully that short timeframe will give other readers some confidence in this process, because it can definitely be intimidating in the beginning. All worth it, in the end, though! xx
-Brooke
Alex
Congratulations on your website and a massive thank-you from myself in Timor-Leste. Indeed the process to apply for the partner visa is a monumental task and for you to share your experience is a huge job in itself and a very generous one at that. My wife and I have been living together in Timor-Leste for 10 years and have 4 children together, which hopefully counts for some points in the commitment to each other part! Your website has been most helpful as a reference for the application process and seeing photos of your travels has been a nice distraction during the cumbersome application process. My wife has completed her part as the applicant. As soon as the payment went through, the processing time was updated and a medical examination was the first required action. At the same time, I am working on the sponsorship for partner to migrate form online. Hopefully we will be successful. Thank-you again for sharing your experience.
brooke brisbine
AlexHi Alex, thank you so much for your thoughtful message and I’m happy to hear this info was helpful to you and your wife! I have no doubt you will be successful in your application, hopefully it is quick for you 🙂
All the best with the rest of the application process!
-Brooke
Luke
Hey Brooke,
Amazing work with everything you’ve done here! You’re a superhero!
My girlfriend is in America so we’re doing the offshore application. Just wondering if you know once the visa got approved, how much time we get before she has to come to Australia? We want to end up in Australia but thinking if she got a good job opportunity in America to work another couple years, would that be possible once it was approved?
Thanks!!
Luke
brooke brisbine
LukeHi Luke, thanks for the lovely comment!
Unfortunately I don’t know how the entry condition works on an offshore visa (since I applied onshore), but possibly one of the other readers will be able to offer some insight.
Best of luck to you both!
-Brooke
Gae
Hi Brooke,
I’ve just complete the initial IMMI account. I have not entered any information yet. As I work through the process can I got back and change information already inputed? When I’m working on the application, prior to submitting it, does it automatically save for when I log in next time?
Thanks,
GS
brooke brisbine
GaeHi Gan,
You can definitely save and return to the application as you’re completing it, no need to finish all the questions in a single sitting. I don’t remember exactly, but I’m fairly certain there was a button on the top/bottom of each page for you to save and resume later.
Hope that helps!
-Brooke
D
Hi Brooke, hi everyone,
To question No. 9, I think in the special case of a student visa, the student visa would stay active until it expires (including the work conditions etc on it), and then the Bridging Visa would come into act?
I’m not a migration agent either 🙂 (…Waiting for my 820…)
Cheers
D
brooke brisbine
DHi D,
This is not special to student visas, but yes, your current visa conditions do apply until that visa expires. When your BVA does become active (only after expiry of your substantive visa), there are no longer any work restrictions.
I’ve updated Question 9 to clarify and avoid further confusion 🙂
“Note that your current visa conditions will still apply until your BVA is ACTIVE. In other words, if you have a few months left on your current student or work visa when your BVA is “ISSUED”, you will still be bound by the conditions of that student or work visa until it expires. Following expiry of your substantive visa, your BVA will become “ACTIVE” and then you will receive full work and study rights through the BVA.”
-Brooke
Tracy
Hi Brooke,
Thank you so much for your effort to give us so detail information for applying the partner visa, this is a nightmare to me until i found your post, make the application more easy. Once again thank you.
i have a question, do you apply medicare after you apply the visa?
Tracy
brooke brisbine
TracyHi Tracy, so glad to hear you found these posts helpful!
You are indeed eligible to apply for Medicare after submitting the visa, and you can find instructions in this post: https://brookebeyond.com/australian-permanent-residency-through-820-801-partner-visa
As soon as you receive a confirmation of visa submission from IMMI (sent to your email the same day that payment goes through), bring the attached documents (evidence that the application was received), evidence of your current visa (or Bridging Visa), a completed Medicare enrolment form, and your passport to a Medicare service centre (use this search to find one near you). They will issue you a paper Medicare card on the spot and your plastic card will come in the mail a few weeks later!
-Brooke
Claire
Hi Brooke,
Just wanted to say thank you SO much for all the information you put together. It’s been invaluable to us during our application.
Claire
brooke brisbine
ClaireHi Claire, you are so welcome!
Thank you for the lovely message, and good luck with your application 🙂
-Brooke
Tomislav
Hi Brooke,
First off, let me start by saying thank you. An enormous thank you! To compile such an extensive and thorough guide takes heaps of one’s effort and time and whatnot, no doubt. But it also takes kindness, selflessness, and thoughtfulness. And that’s, I believe, that’s what makes this so much more special! Your posts were a blessing for many, including myself, helping us to juggle through a sea of incomplete and sometimes inconsistent information in what will be the most important step and life decision for many – moving permanently to Australia. Thank you!
I myself have not yet submitted the application as I still need to do some homework. However, I have been reading through all your posts and comments, and while many things have been answered, some are still hanging in the air. So I decided to call Home Affairs and get some explanations. They go along these FAQs, but also provide insights into a few other ambiguities that have been floating around. My little contribution. I hope it helps :)
So:
1. At the time of writing this (February 2020), the APPLICATION NEEDS TO BE LODGED BY THE APPLICANT FIRST, AND ONLY THEN BY THE SPONSOR. The changes in this order discussed in several places are not yet in effect.
2. The BVA is issued immediately at the time of your application lodgement. However, the visa only comes into effect once your current visa expires. Any potential working rights restrictions will be clearly indicated on the BVA. However – NO WORKING RESTRICTIONS EXIST FOR THE ONSHORE PARTNER VISA (801/820) APPLICATION!
3. There are MANDATORY (form 888) and RECOMMENDED (forms 80, 1221, 40SP) documents to be uploaded. They differ in that your application cannot be considered without the mandatory ones, but it can without the recommended ones. In other words, THE RECOMMENDED ONES ARE NOT REQUIRED, BUT THEY CAN BE ASKED FOR LATER. So, if Home Affairs will need those documents, they will let you know. However, as already mentioned in other comments, it does not hurt to upload them immediately.
4. Further to the necessary forms, the FORM 47SP is no longer available on their website (I was told). This document used to be mandatory, but ever since their system transitioned to an online application, this document IS NO LONGER NEEDED.
5. Visa APPLICATION PROCESSING STARTS THE MOMENT YOU LODGE THE APPLICATION, not when all your documents are uploaded. Also, there is NO DEADLINE FOR UPLOADING THE EVIDENCE. If there is anything missing, the applicant will be informed about that and asked to submit all the needed evidence. Furthermore, there are NO ‘PENALTIES’ NOR ‘PUSHING FURTHER DOWN THE APPLICATION PROCESSING QUEUE,’ or anything else alike for taking your time to upload the evidence, but obviously – the longer you wait, the more chances of delays. THE PROCESS IS BASED ON A FAIR ASSESSMENT, AND EVERYONE WILL BE GIVEN A CHANCE TO PROVE THE GENUINE NATURE OF THEIR SUBMISSION. In other words – don’t worry; you will be given a chance to submit all the documents they need.
6. The ‘Actions required’ message in your IMMI application can be seen as ‘recommended,’ as opposed to ‘mandatory’ discussed above. It is their way of raising a flag about the missing documents, but these documents do not need to be uploaded until you are actually asked to do so by your CO. This message is likely to come up concerning police checks and health assessment. However, as also indicated on Home Affairs website, POLICE CHECK AND HEALTH ASSESSMENT DO NOT NEED TO BE DONE BEFORE BEING ASKED to do so for visa applications that take more than 6 months or more to process (e.g., 801/820), or if the application has already been submitted prior to doing the checks (due to the documents’ 12-month validity).
Good luck, everyone!
And of course, Brooke, good luck with your own application as well! I hope it goes through soon :)))
Cheers,
Tomislav
brooke brisbine
TomislavHi Tomislav,
You are so incredibly welcome, and thank YOU for the lovely comment– this is why I spend so much time on these posts 🙂
Thank you also for the great information, I know this will help many people who are wondering the same things!
-Brooke
Bob
Hello Brooke,
Can you please tell me what visa you were in while applying for Partner visa?
My Wife is in Tourist visa and applied for Partner visa, her BVA kicks on 08th of March, by then only we will know whether she has working rights or not. As of now in BVA it says no conditions and will be active after tourist visa expires.
Another question is, can you please let me know if as a sponsor do i need to do police checks?
It would be very grateful if you can clarify on this, thanks heaps Brooke.
brooke brisbine
BobHi Bob,
I was on a student visa at the time of application, but as described in this post, there are not typically ANY work restrictions for the BVA while awaiting a partner visa.
I believe sponsors will need to do police checks, but they are really quick in Australia, so you can always wait until requested.
-Brooke
Annisa Yunia
BobHi Bob, just wanna make it clearer for your partner’s situation cause it’s same with mine back then. So, if your partner has been granted for the BVA but still in the tourist visa, the BVA will be automatically active after the tourist visa ends. My case was 3 months tourist visa granted on 6th of April 2019, I flew to Australia on 20th of April which means I got to stay here legally until 20th of July. I’ve been granted the BVA by 22nd of June 2019 and yes the BVA was active by 21st of July 2019.
For the police check, both of you may need it cause I’ve been asked for that 3 weeks ago. Hopefully my answer will give you a clue. Goodluck for you and your partner!
Cheers.
-Annisa-
brooke brisbine
Annisa YuniaThanks so much for the insight, Annisa! Hopefully this will help Bob and any other readers with a similar question 🙂
-Brooke
Honey
Annisa YuniaHi Brooke,
I was just wondering while you were waiting to get assigned a CO was there any way for you to follow up what stage your application is sitting at with the immigration department? And how long did it take till you go assigned a CO?
Thank you
Cheers
– Honey
brooke brisbine
HoneyHi Honey,
I have sadly STILL not been assigned a CO (it’s been 19 months since I applied), and to my knowledge, there is no way to follow up on your specific application during that time.
Hopefully some other readers can comment with their experience!
-Brooke
Stefania Mantinioti
Annisa YuniaHi Annisa! Can you please tell me if you were able to apply for Medicare before BVA came into effect? I will be on an evisitor visa and will apply as soon as I will be onshore as I have all documents ready to go. Do I have to wait until visitor visa ends to apply for Medicare?
Thank you!
Stefania