Partner Visa (Subclass 801) (Permanent)

In our last article, we have shown that partner visa application in Australia work on stages. You can first submit a combined subclass 820 and subclass 801 application.

You will first be assessed for the subclass 820 visa. Subject to satisfying visa grant requirements, you will be granted a temporary visa. This will allow you to reside in Australia whilst your subclass 801 application is processed. You will be entitled to enrol in Medicare, and work and study in Australia.

The second stage of Partner Visa (Subclass 820)

Two years following lodgement of your application, you will be required to provide specified evidence to Immigration to demonstrate that you continue to meet visa grant requirements for the partner visa, including, most importantly, that you remain in a married or de-facto relationship with your Australian sponsoring partner. Note that if your relationship has broken down, there are circumstances which allow you to continue to be assessed for permanent residence, despite no longer being in a relationship with your Australian sponsoring partner. An example would be family violence.

In order for this visa to be granted, you are required to meet the following requirements:

• You must be aged 18 years or older
• You must be in a married or de-facto relationship with an Australian citizen or permanent resident, or an eligible New Zealand citizen
• Your sponsor must be 18 years of age or older
• You must be sponsored by your Australian partner. If your partner is under 18 years of age, their parent or guardian must sponsor you
• Your sponsor must meet a specified ‘character’ requirement and supply relevant police clearances to demonstrate this
• You must hold a substantive visa or meet additional requirements in accordance with Schedule 3 criteria
• You must meet health and character requirements

Again, we emphasise that in all cases, strong evidence of a genuine and on-going relationship is needed, thus simply rushing out and getting married will not make a person eligible for a partner visa.

If you would like to know more about these changes and how it may affect your rights and interest, simply email us at info@straitslawyers.com or call at 08 8410 9069 to arrange an appointment.

Alternatively, you can book an online consultation with us via this link: https://straits-lawyers.square.site/product/migration-visa-consultation-/3?cs=true

Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.