Applying for a Partner Visa (subclass 820/801) in Australia: Documents Checklist
The Partner (subclass 820/801) visa is one of the more popular visas that clients come to Agape Henry Crux (AHC) for advice on. Due to the expensive application fee as of 14 July 2022 being $7,850, even applicants that are clearly eligible are reluctant to lodge a visa without receiving some advice first.
Of course, the document checklist on the Department of Home Affairs is a good place to start. Some of the examples raise more questions than they answer. For example, in our experience, young couples are both more likely to be in a de facto relationship, and as a result – less likely to have mingled their financial circumstances in exactly the way the Department of Immigration website suggests.
Below is a checklist that is hopefully more realistic and descriptive than what Applicants first see. The most important part of gathering these documents is to plan ahead. For example, a joint bank account that has been active for a year, with regular movements of money through it, is much more convincing than one with a balance of $0, opened yesterday.
The Document Checklist is into 3 sections:
For the Sponsor – or the Australian Citizen, Australian Permanent Resident, or eligible New Zealand citizen in the relationship.
For the Applicant – or the person seeking to get the Partner (subclass 820) visa.
For Combined – evidence that references both Applicant and Sponsor.
What are the Documents needed for the sponsor?
Birth Certificate;
Passport;
Evidence of name change (if applicable);
Evidence of Australian PR or Citizenship (an Australian passport or birth certificate will double for this);
An Australian Federal Police Check - online portal;
A police check from any country the sponsor has lived in for 12+ months in the last 10 years – here are instructions for the top 5 countries that have a complicated procedure to apply for a police check;
Details of your current employment, e.g.:
3 most recent payslips; or
An employment contract; or
A letter from your employer
What are the Documents for Applicant?
Birth Certificate;
Passport;
Evidence of name change (if applicable);
Evidence of a health check booking (further details of this will be available through your IMMI account once you’ve lodged the application);
An Australian Federal Police Check - online portal;
A police check from any country the sponsor has lived in for 12+ months in the last 10 years – here are instructions for the top 5 countries that have a complicated procedure to apply for a police check;
The following forms:
These forms are not necessary to submit an application, but it is open to the Department of Home Affairs to request one when assessing your application. If you have the time, completing form 80 before lodging your application can prevent an unnecessary delay, and being placed under a 28-day time limit if a request is made.
Evidence of employment:
3 most recent payslips; or
An employment contract; or
A letter from your employer
Combined Documents:
If you’re in a de facto relationship, your main goal is to demonstrate you satisfy the ‘4 Pillars’ of a relationship, these are:
Financial
Domestic
Social
Commitment
Documents to provide:
A relationship statements each from the Sponsor and Applicant. 5 sections, minimum 1 paragraph for each section:
Section 1:
How, when, and where you first met;
How the relationship developed;
When you moved in together, got engaged/married;
What you do together;
The time you spent apart;
Significant events in the relationship;
Your plans for the future.
Section 2 (finances):
Explain how finances are shared, groceries, utilities, and rent/mortgage
Section 3 (domestic):
Explain how you share household chores like cooking and cleaning, maybe a shared pet
Section 4 (social aspects)
Talk about your shared events with friends, family events you’ve both been to, etc.
Section 5 (Nature of your commitment):
How long have you been exclusive;
How long have you lived together;
How do you support each other emotionally/financially;
How do you communicate when apart;
Evidence of relationship (these should back up your statement):
10-15 of your favourite photos with a brief description of their context. Spread them out over a long time. Don’t be afraid to use photos from parties or family events;
Utility bills – ideally in both names, ideally 2 most recent from each provider;
Rental agreement – in both names;
3 most recent joint bank account statements, demonstrating long-term and active use. (perhaps open a joint bank account to manage your rent and utility payments if you move in together);
Receipts/evidence of shared expenses such as holidays, groceries, etc;
Messages to each other – there will likely be a lot to choose from – in order to not send 2 years' worth of Facebook messages, take a screenshot of one segment of your messaging conversations for every fortnight in the last year, and make sure the dates are visible;
Mail you’ve received to the same address;
Proof of relationship registration. (this can also exempt you from the 1-year cohabitation requirement);
Wedding/party invitations provided addressed to both of you;
Two form 888s from an Australian Citizen or permanent resident. (2 is the minimum required, if you are able to get 3-4, ideally with at least 1 from a parent of the Sponsor, then you also have evidence of the social aspects of your relationship)
If you choose to prepare and lodge your Partner (subclass 820) application yourself, you’re going to end up with a lot of documentation. The most important step you can take to ensure that you don’t potentially shatter your own dreams is to:
be totally open and honest in the application, and documentation; and
ensure there are no contradictions in your documentation, for example, if documents are submitted where:
Greg is saying Sally’s birthday is in January and she has 2 sisters; and
Sally is saying her birthday is in June and she has 3 brothers;
Then first, get it together Greg, you’re killing your relationship, but secondly, things are about to get a whole lot more expensive and stressful.
If you’re reading this list and saying ‘well I can’t get that’, or ‘my partner and I don’t live together’, then it’s likely you’ll need some assistance, maybe even from AHC Lawyers.
However, even if you want assistance with your partner visa application, having access to this list will not only mean your application can be lodged sooner but planning ahead and having some of the longer-term aspects prepared, e.g. a joint bank account will mean you have fewer problems with your application that need to be addressed through legal submission.
How can Agape Henry Crux Help You?
In addition to what the law does and doesn’t allow you to do, there are also practical considerations that may mean that travelling overseas jeopardises your visa application. If you want to find out more about the risks of travelling overseas, do not hesitate to contact us. You can book a Migration Planning Session with one of our immigration lawyers to seek professional advice by calling 02 8310 5230 or email us to book a time at info@ahclawyers.com.
We speak fluent English, Korean, Japanese, Mandarin, Cantonese, Indonesian, Burmese and Malay. If these aren’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.