Permanent Partner Visas
Permanent Partner Visas
What is a Permanent Partner visa?
If you are the spouse or common-law partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, you may be eligible to apply for a partner visa.
There are two types of partner visas, which are differentiated by their subclasses and where the applicant is located at the time of applying. Subclass 820/801 partner visas can only be applied for from within Australia, while subclass 309/100 visas are for those applying from outside the country.
Subclass 820 (or 309) and subclass 801 (or 100) are different visas. Subclass 820 (or 309) is a temporary visa, while subclass 801 (or 100) is a permanent visa. If you meet all the eligibility requirements for the partner visa, you will usually be granted the temporary subclass 820 (or 309) visa first. This visa will allow you to live, work, study and travel without restrictions. In most cases, you will also be able to access government health insurance (Medicare) at this stage.
After two years of applying for the subclass 820 (or 309) visa, you will be able to apply for the permanent subclass 801 (or 100) visa. Once approved, you will become a permanent resident of Australia and will be able to enjoy all the benefits and rights that apply to permanent residents.
Eligibility requirements for the partner visa
Before you can make a valid application for a Partner Visa, Australian immigration law requires the following:
You must be in a genuine relationship with your Australian partner, who must be an Australian citizen, permanent resident of Australia or eligible New Zealand citizen.
Your sponsoring Australian partner must be:
- Your spouse (legally married husband/wife), or
- Your common-law partner (living together for at least 12 months or not permanently separated)
There are some exceptions to this requirement.
- You must be over 18 years of age (with limited exceptions).
- You must meet the health and character requirements set out by the Immigration Department.
- You must not have the 8503 “No Further Stay” condition on your current visa. If you have this restriction.
Important: Same-sex couples are also eligible to apply for this visa.
Benefits of the Partner Visa
The most important benefit of the partner visa is the stability it gives you and your Australian sponsoring partner. With this visa, you can live together and continue building your life together in Australia, without the worries of having a temporary visa.
In addition, this visa program offers several advantages to ensure your stability, even before you obtain permanent residency.
As a holder of a subclass 820 (or 309) visa, you can:
- Work without restrictions and be guaranteed the minimum wage under Australian law
- Study without restrictions
- Travel within and outside Australia
Access Medicare
As a holder of a subclass 801 (or 100) visa, in addition to the above, you can:
• Enjoy full access to Australian government health insurance.
• Pay domestic student fees at Australian educational institutions
• Apply for Australia citizenship after meeting residency requirements
• Sponsor family members to come to Australia under relevant programs
What is the Partner visa process like?
To apply for the temporary visa, you must provide evidence showing that your relationship is genuine and ongoing. The threshold to satisfy the Australian government is high, so significant documentary evidence is required. Other personal documents, such as identity documents and background checks, will also be needed.
If you meet the requirements, the Australian government will grant you the subclass 820 visa, which will allow you to live, work and study in Australia without restrictions for two years, until you are eligible to apply for the permanent subclass 801 (or 100) visa. You will also be able to travel in and out of Australia without restrictions and will have access to Medicare.
After two years, temporary visa holders are eligible to apply for a permanent visa. This application process is similar to that for a temporary visa and involves proving to the Australian government that your relationship remains continuous since the temporary visa was granted.
Double granting of visa subclasses 820 and 801
Applicants who are in a relationship of several years, considered “long-term”, or who have a child together, may be eligible to obtain both visas (temporary and permanent) at the same time. At Uvision we can help you prepare your application so that both visas are approved at once, as long as you meet the necessary requirements. In this way, you will avoid a two-stage process. Our mission is to support you in preparing a complete application that maximizes your chances of success.
Future steps after residency
Once you are granted a permanent visa, you will be considered a permanent resident and will be able to access all the benefits available to permanent residents in Australia. You can decide to stay as a permanent resident or, if you prefer, apply for citizenship after meeting the necessary residency requirements.
If you decide to stay as a permanent resident, your visa will allow you to travel for a period of 5 years. This means that you will be able to enter and leave Australia freely during those 5 years. However, if after that time you want to continue traveling internationally, you will need to apply for a Resident Return Visa (subclass 155) and renew it every 5 years. Our team of qualified migration lawyers in Australia can help you with any application for Australian citizenship or a resident return visa, making the process much easier for you.
Although you are not required to become an Australian citizen, being a citizen has many benefits, such as:
- Consular services and support while you are abroad.
- Visa-free travel to over 100 countries with an Australian passport.
- Access to jobs in the Australian government.
- You will not have to worry about possible visa cancellations.
Why Uvision?
Applying for a partner visa can be a complex and emotionally draining process, as it involves specific eligibility requirements, extensive documentation, and strict criteria that must be met for successful approval. Uvision with over 16 years of experience can offer personalized guidance and ensure that each step is completed correctly and efficiently, maximizing the chances of success. Our professionals understand the details of migration processes and are trained to identify potential problems and resolve them before they become obstacles. By having the support of experts, you can feel confident and supported on your path to family reunification in Australia.
How can we help you?
Our team of migration experts has years of experience in handling applications for protection. We offer you:
- Detailed eligibility assessments.
- Assistance in preparing and submitting your application.
- Representation and support throughout the process.
- Advice on your rights and obligations in Australia.
If you need guidance on how to begin your Permanent Visa application process, contact us today for an initial consultation.
FAQ
Yes, it is possible to apply for a partner visa in Australia without a valid visa; however, the process can be complex and requires meeting additional criteria. In these cases, you will need to satisfy the requirements of “Criterion 3001” of Schedule 3 of the Immigration Regulations. This involves demonstrating that there are compelling and compassionate circumstances that justify the grant of the visa despite your current immigration status. It is essential to have strong evidence to support these circumstances. Due to the complexity of these cases, it is recommended that you seek advice from an immigration lawyer to assess and increase the chances of success of your application.
Processing times for partner visas vary, but generally take between 6 and 12 months. Factors such as the accuracy and detail of the documentation can affect the total processing time. That is why at Uvision we focus on submitting a complete application so that the visa officer has everything at hand to make a positive decision quickly.
Yes, in most cases, partner visa applicants are granted a bridging visa (Bridging Visa A) which allows them to live and work in Australia while their application is being processed. Specific working conditions may depend on the type of bridging visa granted.
Evidence should cover several aspects of the relationship, including living together, financial, social and emotional commitment, and future plans together. Basic examples include shared rental agreements, joint bank accounts, photos and letters from friends and family supporting the relationship.
If a partner visa application is refused, there is the option to appeal the decision to the Administrative Appeals Tribunal (AAT). The advice of an immigration lawyer can be invaluable in this case, as it allows you to assess the reasons for the refusal and present a stronger case for appeal.
