Subclass 820/801 onshore Partner visa — strategy + application narrative

Draft a comprehensive strategy + application narrative for [APPLICANT_NAME] applying for the onshore Partner visa (Subclass 820 temporary → 801 permanent) sponsored by [SPONSOR_NAME] ([SPONSOR_STATUS]).

Relationship type: [RELATIONSHIP_TYPE]
Wedding/de facto start: [WEDDING_DATE]
Cohabitation start: [COHABITATION_START]
Applicant's onshore status: [APPLICANT_CURRENT_VISA]
Prior partner-visa history: [PRIOR_PARTNER_REFUSALS]

§1 — ELIGIBILITY GATES (200-250 words)

Subclass 820 onshore criteria (Reg Sch 2, Part 820):

(a) Applicant in the migration zone at time of application (onshore)
(b) Either lawful holder of a substantive visa OR in s.48 prescribed class (Partner 820 is in the prescribed list — see au-refusal-section-48-bar-strategy)
(c) Sponsored by an eligible sponsor (Australian citizen, PR, or eligible NZ citizen)
(d) Spouse OR de facto relationship with sponsor at time of application
(e) Sponsor approved (sponsorship application typically lodged simultaneously)
(f) Meets PIC 4001 (character), 4007 (health), 4020 (no bogus docs)
(g) Schedule 3 criteria if applicant is unlawful or holds a Bridging visa C/E (more on this below)

For [APPLICANT_NAME]:
  ▪ s.48 status: Partner 820 is in the prescribed list — bar does NOT apply
  ▪ Schedule 3 risk: if [APPLICANT_CURRENT_VISA] is BVE or unlawful, Schedule 3 requires "compelling reasons not to apply" Sch 3 criteria — high bar
  ▪ Health + character + 4020: separate considerations

CRITICAL Schedule 3 note:
If applicant's substantive visa expired more than 28 days before application, Schedule 3 criteria 3001/3003/3004 must be met OR "compelling reasons" demonstrated. Indian applicants frequently fall into this trap by applying after their student visa expires.

§2 — DEFINING THE RELATIONSHIP (300-400 words)

§A — Married (Reg 1.15A):

Married = legally valid marriage recognised under Australian law:
  ▪ Hindu wedding (Hindu Marriage Act 1955) — valid
  ▪ Sikh Anand Karaj — valid
  ▪ Muslim Nikah — valid (with Indian state registration where applicable)
  ▪ Christian / Special Marriage Act 1954 — valid
  ▪ Court marriage — valid
  ▪ Marriage certificate from competent authority required

Plus must demonstrate Reg 1.15A "married relationship" factors:
  (a) Financial aspects — joint accounts, shared expenses, mutual financial commitments
  (b) Nature of household — living arrangements, shared duties, joint decisions
  (c) Social aspects — friends/family recognise relationship, joint social activities
  (d) Nature of commitment — mutual emotional commitment, joint plans, future intentions

§B — De facto (Reg 1.09A):

De facto requires:
  ▪ 12-month cohabitation immediately before application (or registered relationship in a recognised state — Tasmania, Victoria, etc.); OR
  ▪ Compelling/compassionate circumstances waiver

Plus all four 1.15A elements above.

Cohabitation period exceptions:
  ▪ Registered relationship: 12-month requirement waived if registered with state registry (Vic / Tas / NSW / Qld / ACT / SA — verify current state list)
  ▪ Compelling: child of the relationship, prior separation due to immigration constraints, or other documented hardship

§C — Indian-context relationship realities:

  ▪ Arranged marriage is genuine relationship in Australian law (WAGA v Minister [2009] FCAFC 60)
  ▪ Pre-marriage dating period not required (cultural difference recognised)
  ▪ Joint family living (with sponsor's parents) is CONSISTENT with genuine relationship
  ▪ Wedding via in-person ceremony in India + sponsor's later sponsorship is standard pattern
  ▪ Religious wedding without state registration: NOT sufficient — get the Marriage Certificate from the SDM/Tehsildar/Registrar

§3 — EVIDENCE CHEST (300-400 words)

§A — Financial aspects:
  ▪ Joint bank account (open at least 6 months pre-application)
  ▪ Joint accounts in India (NRO/NRE if sponsor visits India)
  ▪ Sponsor's bank statements showing remittances to applicant (or vice versa)
  ▪ Joint utility bills (electricity, gas, internet) for cohabited address
  ▪ Joint credit card / shared store accounts
  ▪ Sponsor's tax records showing applicant as spouse on Medicare / private health
  ▪ Joint life insurance / superannuation beneficiary nomination
  ▪ Joint loan documents (car, personal, mortgage)
  ▪ Funds transferred at wedding (dowry/gift exchange — disclose openly; not a negative)

§B — Household:
  ▪ Lease in joint names (or sponsor's lease + applicant's name added)
  ▪ Photos of shared spaces (kitchen, bedroom, joint wardrobe, joint bathroom essentials)
  ▪ Statutory declaration from landlord
  ▪ Joint groceries / household receipts
  ▪ Joint email subscriptions (Netflix, etc.)
  ▪ Pet ownership (if applicable)
  ▪ Joint mail addressed to both parties at same address (this is the strongest evidence)

§C — Social aspects:
  ▪ Wedding photos (full set — pre-wedding rituals, ceremony, reception, family group photos)
  ▪ Wedding invitation card (both names)
  ▪ Honeymoon photos with itinerary
  ▪ Joint social media presence (Instagram joint account or tagged photos)
  ▪ Photos with sponsor's family in Australia + applicant's family in India
  ▪ Joint travel (passport stamps + boarding passes + booking confirmations)
  ▪ Joint religious/cultural events (Diwali, Eid, Lohri, Karwa Chauth, Vaisakhi)
  ▪ Statutory declarations from friends + family (Form 888 — strict format; 2 witnesses)
  ▪ Form 888 statutory declarations — typically 4-8 from Australian residents (citizens or PRs)

§D — Commitment:
  ▪ Joint will / future plans documents
  ▪ Joint home purchase / building intent
  ▪ Joint educational / career planning
  ▪ Plans for children (if applicable + culturally appropriate to disclose)
  ▪ Joint pension/super beneficiary
  ▪ Power of attorney to each other (registered with state)

§4 — SCHEDULE 3 WAIVER NARRATIVE (if applicable) (150-200 words)

If [APPLICANT_CURRENT_VISA] indicates BVE or unlawful status, Schedule 3 criteria apply unless waived for "compelling reasons":

Compelling reasons examples (Tribunal-accepted):
  ▪ Sponsor pregnancy / dependent children of the relationship
  ▪ Sponsor serious illness requiring applicant's care
  ▪ Applicant's substantive visa expired due to administrative DHA delay
  ▪ Long-established relationship (5+ years cohabitation pre-application)
  ▪ Applicant fled domestic situation in India (limited but available)

Not generally accepted as compelling:
  ▪ Applicant's preference to remain onshore
  ▪ Cost of departure + offshore lodgement
  ▪ Sponsor's emotional distress alone
  ▪ Career inconvenience

Drafting tip: list ALL compelling factors with documentary evidence. Schedule 3 waivers granted on the totality of circumstances, not single factors.

§5 — TIMELINE + STAGES (100-120 words)

Subclass 820 → 801 staging:

Stage 1 — Subclass 820 (temporary):
  ▪ Decision usually 12-30+ months
  ▪ Bridging Visa A while waiting (full work rights for most pathways)
  ▪ Medicare access generally
  ▪ Travel: Bridging Visa B required for departure

Stage 2 — Subclass 801 (permanent):
  ▪ Auto-assessed 2 years after Subclass 820 application date (NOT grant date)
  ▪ Tribunal must be satisfied relationship continues at 801 assessment
  ▪ Long-term relationships (3+ years cohabitation or dependent children) may bypass 820 and go direct to 801

§6 — RED FLAGS + INDIAN-SPECIFIC RISKS (150-200 words)

DHA scrutiny areas:
  ▪ Short pre-marriage acquaintance (arranged marriages) — explain cultural context explicitly
  ▪ Large age gap (5+ years) — provide normalising context
  ▪ Sponsor's prior partner sponsorships (limit: 2 sponsorships, 5-year minimum gap)
  ▪ Applicant's prior partner visa applications anywhere globally
  ▪ Marriage soon after a visa refusal (DHA suspects convenience)
  ▪ No joint cohabitation despite long marriage (especially if sponsor lives Australia + applicant lives India during 820 wait)

Indian-context specific:
  ▪ Punjab + Gujarat + parts of Andhra are high-scrutiny zones (historical fraud cohort)
  ▪ DHA may interview sponsor + applicant separately + compare answers
  ▪ DHA may attend wedding photographer's studio to verify event details
  ▪ Joint family co-residence is acceptable but document the joint room/space within the family home
  ▪ Sikh / Hindu / Muslim wedding customs may need explanation for case officer

§7 — CLOSING (60-80 words)

Filing checklist:
  ▪ Sponsor application (lodged separately, simultaneously)
  ▪ Application form (Form 47SP)
  ▪ Sponsor's Form 40SP
  ▪ Form 888 statutory declarations × 4-8
  ▪ Schedule 3 waiver submission if applicable
  ▪ Comprehensive evidence index

End with: "DRAFT PARTNER 820 STRATEGY — for MARN holder review. Partner is the highest-value family pathway: bypasses s.48 onshore, full work rights via Bridging A, leads to PR. Schedule 3 is the most common failure point if applicant is on BVE/unlawful — address it head-on in submission. Indian-context: arranged marriage is genuine relationship; document cultural specifics explicitly."