Travelling Overseas While Your 820 Partner Visa Is Being Processed

Partner visa processing can take a long time, and life does not stop. You must be in Australia to apply for the onshore 820 visa, but the rules about where you must be when it is granted changed in November 2023. Here is what that means for travel.

The location rule changed in 2023

Being overseas at grant is no longer fatal. Before 25 November 2023, an 820 applicant had to be in Australia when the visa was granted, so being away at the wrong moment could lead to delays or refusal. The Migration Regulations were amended so that 820 and 309 applicants can now be in or outside Australia at the time of grant. You still need to be in Australia when you lodge the 820.

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Bridging visas and travel

Many 820 applicants hold a bridging visa while waiting, and those granted with the application usually have full work rights. A Bridging visa A does not let you return to Australia once you leave. You need to apply for a Bridging visa B before you travel. If you still hold a substantive visa, such as a visitor or student visa, check its travel conditions, and note that a Bridging visa A that is not yet in effect may cease when you leave Australia. Get advice before travelling.

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If you cannot return

If you leave without a way back, you may have to stay overseas until a decision is made. If the 820 is refused, review rights are limited for people outside Australia, and you may need a new offshore 309 application and a new charge.

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Health and character checks

Health and character checks are generally valid for 12 months. Long absences or delays can mean redoing them, and you must still respond to requests from the Department on time while you are away.

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After the 820 is granted

Once the 820 is granted, you can travel in and out of Australia while you wait for the 801. Keep your address details up to date and make sure you can respond to requests quickly. See from 820 to 801.

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What you should do now

• Check your visa: confirm whether you hold a bridging visa or a substantive visa before you book.
• Apply for a Bridging visa B: if you are on a Bridging visa A, apply before you travel.
• Keep your details current: update your contact details so you can respond to any request while away.
• Get advice for long trips: talk to us before a long absence while your 820 is undecided.