600 tourist visa to 820 spouse visa
Australia tourist visa to spouse visa complete guide
When many customers contact us for the first time, the first sentence is:
‘Lawyer, I now hold a 600 tourist visa, can I directly apply for an 820 spouse visa?’
The answer is:
Yes, but not all 600 tourist visa holders are eligible.
Whether it can be converted from 600 visitor visa (subclass 600) to 820 partner visa in Australia (subclass 820), depending on the applicant’s visa conditions, partnership and personal situation, rather than simply holding a 600 tourist visa, you can definitely apply. The Australian Immigration Service requires the 820/801 spouse visa applicant to be in Australia when submitting the application and meet the relevant statutory requirements.
This article will answer the most common questions in detail. If you also want to know the cohabitation requirements of your spouse visa, please see: Do I need to live together for one year and a joint bank account for an Australian spouse visa?
Many people misunderstood: ‘Tourist visa cannot be transferred to spouse visa’
This is one of the most common misconceptions.
In fact, every year, many people successfully apply for the 820 spouse visa after entering Australia with a 600 tourist visa.
Reasons include:
- Married to Australian Citizens
- Build a real partnership with permanent residents of Australia
- Originally just visiting a partner, then decided to live together
- Originally had a marriage plan, I hope to stay in Australia to build a family
Australian law does not provide for:
‘Tourist visa holders cannot apply for a spouse visa.’
What really needs to be considered is whether it meets the legal requirements.
The first point: Do you have No further stay (8503) for your 600 visa?
Many applications fail not because the relationship is not true, but because the applicant did not check the visa conditions before submitting the 820.
Please check the VEVO or visa approval letter first.
If your 600 visa is accompanied by one of the following conditions:
- Condition 8503 – No further stay
- condition 8534
- condition 8535
It may not be possible to submit an 820 spouse visa application in Australia, unless the Waiver is successfully approved, and the exemption threshold is quite high, which is only applicable to limited situations.
Therefore, before preparing any spouse visa, the first step should confirm the visa conditions.
The second point: Are you really eligible for your spouse visa?
Even if there is no 8503, it does not mean that it must be eligible for 820.
Immigration will still review:
✓ Whether it is a true companion (Genuine Relationship)
✓ Whether the continuing relationship (Continuing Relationship)
✓ Whether to jointly establish a life (Mutual Commitment)
✓ Is it exclusive relationship?
If it is only a relationship of boyfriend and girlfriend, and fails to prove that a partnership that meets the requirements of the immigration law has been established, the application may still be rejected.
The third point: do you need to get married, hold a wedding or a wedding banquet?
The answer is not required.
Australian spouse visas include:
1. married couple(Married Couples)
As long as the marriage is valid, you can apply.
2. unmarried partner(de facto)
Generally need to prove:
- have established true cohabitation relationships;
- Generally, there must be at least 12 months of common-law partnership, unless there are exceptions in the applicable law, such as the relationship has been legally registered.
Therefore, the absence of a wedding does not mean that you cannot apply.
The fourth point: Can I stay in Australia after submitting 820?
Many people are most worried:
‘What if the tourist visa is about to expire?’
Generally speaking, if a valid 820 application is submitted during the existing substantive visa is still valid, the applicant will usually be granted a bridge visa (Bidging Visa) to make a legal stay in Australia until the spouse’s visa is decided. When the bridge visa takes effect and the conditions are attached, it depends on the case. For information on how to connect work rights, please see: Spouse visa work rights and complete analysis of Medicare.
Common mistakes (1): I thought I must go back to home country to apply
Many people say:
‘Friends say you must go back to home country.’
This is not so.
If 820 is eligible, many applicants can submit their applications directly in Australia without returning to overseas.
However, if it is restricted by 8503 and is not successfully exempted, you may need to consider the overseas 309 spouse visa.
Common mistakes (2): Tourist visas cannot have immigration plans?
Many people worry:
‘I was traveling when I first entered the country, is it illegal to apply for a spouse visa now?’
This is a question that needs to be analyzed according to the facts.
Australian law does not prohibit the tourist visa holder from applying for other visas in the future, but when applying for a 600 tourist visa and entry, the applicant should meet the requirements of the visa at that time and provide the Department of Home Affairs with real and complete information. If the case involves false statements or deliberately concealed important facts, it may cause serious consequences. Whether there is a risk depends on the specific facts of each case.
Therefore, before planning your application strategy, you should first understand your own situation, and then decide the most suitable plan.
Real success case sharing｜Successful application for 820 spouse visa with 600 tourist visa
(All identifiable data have been deleted in the following cases.)
We have assisted a couple to successfully apply for an 820 spouse visa.
The wife came to Australia to visit her husband with a 600 tourist visa.
Since the husband is an Australian citizen, the two parties originally planned to live together in Australia after marriage.
However, they are very worried:
- Do I have to go back to home country to reapply?
- Can a tourist visa be transferred directly to 820?
- Will it be denied for tourist visa?
We first check its visa conditions in detail to confirm that there is no No further stay Restrictions, and then comprehensively evaluate the marriage evidence of both parties, including common living arrangements, financial information, family support, common future plans and other evidence.
After sorting out the complete application materials and legal statements, they successfully submitted the 820 spouse visa application, and legally stayed in Australia for approval, and finally was successfully approved.
This case reiterates: what really matters is not holding a 600 tourist visa, but whether it meets the legal requirements of the 820 spouse visa and whether the correct application strategy is adopted.
Who is especially required to seek professional advice first?
It is recommended to conduct a comprehensive assessment before submitting 820, if you are in any of the following situations:
- 600 visa with 8503 conditions
- Previously refused of visa application
- stayed overdue
- Insufficient relationship evidence
- Cohabitation time is short
- Just married
- There have been other spouse visa application records
- Travel with a child
- Worry about Schedule 3 or other complex immigration law issues
The earlier you plan, the easier it is to avoid unnecessary risks in the future. For details, please refer to Australian Immigration Service Official 820/801 Spouse Visa Guidelines.
Frequently Asked Questions (FAQ)
Q1: Can a 600 tourist visa be transferred directly to 820?
Yes, but it must meet all the statutory requirements of the 820 spouse visa, and the existing visa should not prohibit the application of other substantive visas within Australia.
Q2: Do I have to get married?
Not necessarily.
De Facto Partners that meet the requirements can also apply.
Q3: Can I work after applying for 820?
In many cases, when the bridge visa takes effect, the applicant will obtain the corresponding work rights; the actual rights are still subject to the conditions of the bridge visa issued.
Q4: Is it possible to apply for a tourist visa almost expired?
Yes, but when it comes to visa validity period, bridge visa and other immigration law requirements, it should be planned as soon as possible, and it should not be processed until the last minute.
Epilogue
‘Is it feasible to transfer 600 tourist visa to 820 spouse visa?’
The answer is not simply ‘yes’ or ‘no’.
What really needs to be analyzed is:
- Does your 600 visa have restrictions such as 8503?
- Are you eligible for 820 spouse visa?
- Is the relationship evidence enough?
- Are there any risks in other immigration laws?
As long as you make a plan in advance and formulate appropriate strategies according to your personal situation, many partners with a 600 tourist visa can legally apply for an 820 spouse visa in Australia.
Disclaimer: This article is for the reference of general legal information only and does not constitute legal advice. Each spouse visa application is assessed on the basis of individual facts, evidence and the Australian immigration law at the time. If you need to provide legal advice on your individual situation, it is recommended to seek professional assistance from a qualified Australian immigration lawyer.
