1. Overview of Family Migration Visa to Australia (Sub Class-820):
Definition: Australia Family Migration Visa allows you to visit or stay in Australia on the basis of your married relationship with your partner:

• On a temporary visa (usually for a waiting period of approximately two (2) years from the date you applied for the visa)
• On a permanent visa if, after the waiting period (if applicable), your partner relationship still exists and you are still eligible for this visa.

The temporary Partner visa (subclass 820) is the 1st Step to a permanent Partner visa (subclass 801). You must be in Australia when you apply and also when this visa is Decided.
You summit 1 application form for your temporary and permanent visas and pay one application Fee. Your application is processed in two stages, about two years apart.
Note: Your partner must provide sponsorship for you.
 
2. Eligibility for Family Migration to Australia:
Persons who can apply:
This visa is for you if you want to enter Australia on the basis of your relationship with your partner. Your partner must be one of the following:

• An Australian citizen.
• An Australian permanent resident.
• An Eligible New Zealand citizen.
• You must be Australia.

Also,?

• You must be able to Support your Self.
• You must be Healthy.
• You must be Law Abiding Citizen.

3. Documents Required for Family Migration 
The Following Documents are required for the Family Migration to Australia:? Certified Copies Birth certificates of Children’s showing both parents name.

• Certified Copies of Marriage certificate with your Husband/Wife show names of both.
• 2 Certified Copied of Valid Passport of your Country
• Evidence that you can support yourself in Australia
• Bank statement of 90 Days.
• Character Certificate
• 2 Passport Size recent Coloured Photographs with the name of Person written on back side.
• Your National Identity card

Forms Required:
• Form 47SP Application for migration to Australia by a partner (Online through ImmiAccount) or by post, or in person Form 47SP Application for migration to Australia by a partner (550 kB PDF)
• Form 40SP Sponsorship for a partner to migrate to Australia (Online through ImmiAccount) or by post or in person Form 40SP Sponsorship for a partner to migrate to Australia (255 kB PDF)

Health and Character Documents
○ If you are required to undergo health examinations, you must organize your health examinations upfront before lodging a visa application and include your health identifier (HAP ID)
○ If you have confirmed that you do not need to undergo health examinations by using My Health Declarations, please indicate on your online application form that you have organized your health examinations.
○ Evidence that everyone included in your application has adequate health insurance in Australia. Provide any one of the following:
§  Signed letter from a health insurance provider (140 kB doc)
§ Medicare card or receipt of enrollment with Medicare
§ Proof of adequate health insurance (including travel insurance)
○ Evidence that everyone included in the visa application has applied for an Australian Federal Police National Police Check if they are at least 16 years of age and have spent a total of 12 months or more in Australia since turning 16 years of age.
The AFP National Police Check Application Form is available from the Australian Federal Police website – either an online form or paper form. Visa applicants should tick Code 33 in Section 8 of the form. Fingerprints are not required.
○ You will be issued with a ‘National Police Check’ certificate which will have ‘Complete Disclosure’ in the heading if your AFP police check application is successful.
 
• Police certificates from each country in which anyone in your application has spent a total of 12 months or more in the past 10 years since turning 16 years of age. Provide the original certificates and keep a copy for yourself.
○ See Character requirements (513 kB pdf) – How to obtain police certificates
○ If anyone included in the application has served in the armed forces of any country: certified copies of their military service record or discharge papers.

Sponsorship Requirements
• Evidence that the sponsor is a settled Australian citizen, Australian permanent resident, or eligible New Zealand citizen. Evidence can include a certified copy of:

•  A Birth Certificate
• An Australian passport or foreign passport containing evidence of permanent residence
• An Australian citizenship certificate

If you are married and your spouse is younger than 18 years of age, they cannot be your sponsor.
If your partner is younger than 18 years of age and you are sponsored by their parent or guardian, then that sponsor’s partner must also provide character references.

Recommended documentation:
Evidence that your relationship is genuine and continuing
You must provide documents to prove that your relationship is genuine and continuing. If statements are provided, they can be written statements or statutory declarations. They must be signed and dated by the authors. A statutory declaration must also be signed by two witnesses.

History of your Relationship:
• Statements from you and your partner about:
○ How, when and where you first met
○ How your relationship developed
○ Your domestic arrangements (how you support each other financially, physically and emotionally and when this level of commitment began)
○ Your Future Plans.

Financial evidence of your relationship:
• Documents to show that you and your partner share financial commitments and responsibilities, such as:
○ Evidence of any joint ownership of real estate or other major assets (for example, cars, appliances) and any joint liabilities (for example, loans, insurance)
○ Sharing of finances
○ Legal commitments that you and your partner have undertaken as a couple
○ Evidence that you and your partner have operated joint bank accounts for a reasonable period of time
○ Sharing of household bills and expenses.

The nature of the Relationship:
• Documents to show that you and your partner share responsibilities in your household, such as:
○ your living arrangements
○ a statement about the way housework is distributed
○ joint ownership or joint rental of the house in which you live
○ joint utilities accounts (electricity, gas, telephone)
○ joint responsibility for bills for day-to-day living expenses
○ joint responsibility for children
○ correspondence addressed to both you and your partner at the same address.

Social Evidence of the Relationship:
• Documents to show how your relationship with your partner is seen by your friends and family will be considered, such as:
○ Evidence that you and your partner are usually accepted as a couple socially (for example, joint invitations, going out together, friends and acquaintances in common)
○ Statutory declarations from your partner’s parents, family members, relatives and other friends about their assessment of the nature of your relationship
○ Evidence that you and your partner have declared your relationship to government bodies, commercial or public institutions or authorities, joint membership of organizations or groups
○ Evidence of joint participation in sporting, cultural or social activities
○ Joint travel.

The nature of your commitment to each other:
• Documents to show your commitment to each other:
○ knowledge of each others personal circumstances
○ intention that your relationship will be long-term
○ the terms of your wills

Your children
• Certified copies of birth certificates or the family book showing the names of both parents of all your dependent children.
• Evidence of financial dependency for all your family members aged 18 or older (such as evidence of current studies):
○ Certified copy of their birth certificate and proof of their relationship to you
○ Proof that they live in your household
○ Proof that they have been financially dependent on you for at least the 12 months immediately before you lodge your application.
• If any dependent child included in the application is adopted: certified copies of the adoption papers.

Note: All Documents should be in English if they are in any other Language then they must be translated in English.

4. Fee & Charges of Australia Family Migration:
Applicant outside Australia
All charges shown below are in Australian Dollars.
Visa subclass Note Base application charge Additional applicant charge Additional applicant charge under 18
18 and over
Partner (Subclass 309/100) 17A $4630 $2320 $1155
Prospective Marriage (Subclass 300) – $4630 $2320 $1155
17A People who apply for a Partner visa and who hold a Dependent Child visa (subclass 445) are eligible for a nil visa application charge.

Applicant in Australia
All charges shown below are in Australian Dollars.
Visa subclass Note Base application charge Additional applicant charge Additional applicant charge under 18
18 and over
Partner (Subclass 820/801) 17B $6865 $3435 $1720
Partner (Subclass 820/801) visa application by Prospective Marriage (Subclass 300) visa holder Nil $1145 $575 $285
Partner (Subclass 820/801) visa application by: 17B $1450 $725 $365
former Prospective Marriage (Subclass 300) visa holder or the equivalent which existed under the 1989 or 1993 Migration Regulations and
• 56person who entered Australia before 19 December 1989, was engaged to an Australian citizen or permanent resident at that time and subsequently married that person.
Partner (Subclass 820/801) visa application by a spouse with transitional Extended Eligibility Temporary Visa (EETV) 17B $410 $205 $105

17B People who apply for a Partner visa and who hold a Dependent Child visa (subclass 445) are eligible for a nil visa application charge.

Addition Charges:
You might have to pay other costs, such as the costs of health assessments, police certificates, or any other certificates or tests. You are responsible for making the necessary arrangements.

5. What does the visa let me do?
The table below gives a summary of what you can do in Australia if you have a temporary or permanent Spouse visa.
Visa Type What You Can Do In Australia
Spouse temporary visa (subclass 820) • Remain in Australia with your spouse, until a decision is made regarding your permanent visa

• Work in Australia
• Study in Australia, but you will not have access to Government funding for tertiary study
• Enroll in Australia’s medical benefits expenses and hospital care scheme, Medicare.

Spouse permanent visa (subclass 801) • Remain permanently in Australia with your spouse

• Work and study in Australia
• Enroll in Australia’s medical benefits expenses and hospital care scheme, Medicare.
• Eligible to receive certain social security payments
• Apply for Australian citizenship (subject to the residency eligibility criteria)

Note: You may also be eligible to enroll in Medicare, if you are married and have applied for, but not yet been granted, this visa.
 
6. If your Visa Application is Approved:              
If your Visa application is Approved then the Australian Embassy will inform you that,

• When you will you get the Visa
• When you will able to use the Visa
• What is your Visa grant Number
• What are the Conditions attached to Visa

7. If your Application is Rejected:
The first Sign of Application Rejection is You will not have a visa label placed in your passport.
If your Visa application is Rejected then the embassy will let you know that,

• Why your Visa was Rejected
• If you can apply for review or not
• The Time limit for submitting the Application for Review