NEWS FLASH - 2019
AUSTRALIAN PARTNER VISAS
820/801 | 309/100 | 300
New legislation has been passed by the parliament in December 2018, that may affect your chance of submitting your partner visa in Australia.
The Bill, entitled “Migration Amendment (Family Violence and Other Measures) Bill 2016” will impose restrictions on the visa Sponsors eligibility thus delaying when the visa applicant may lodge their visa application. This is of particular concern for potential applicants who may have limited time on their current visa, in particular those who may hold a visitor visa or student visa. These applicants may be forced offshore to submit their visa application.
We are waiting anxiously for the legislation to be enacted by the Department of Home Affairs (DHA) - this could happen anytime.
Update - 2019
1) Legislation has not yet been implemented by DHA, if you are eligible to submit your Partner Visa application, then do not delay.
2) Price increase announced by the Government in April Budget. New Visa Application Charges (VAC) $7715.00 effective July 2019
Call Visa Crew TODAY For The Latest News: 0455 295 988
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Australian Partner Visa - Am I Eligible?
A new life and a new chapter together! Successful applications for partner visas in Australia, permit the holder to live in Australia on a temporary bridging visa. At the final decision stage you may entitled to permanent residency, and enjoy the rights associated with this.
Prior to lodgement of your Partner Visa application it is necessary to show evidence of your shared life together. Evidence such as, financial commitment to one another, shared living arrangements and social recognition of your relationship are essential. We can advise and assist how to put together the evidence to demonstrate your commitment to each other.
If you are already the holder of a visitor visa, student visa, work 482 visa, or working holiday visa, the transition to partner visa may be complicated. Your existing substantive visa will take precedence over the temporary partner bridging visa (usually Bridging visa 'A'). Bridging visas may not permit you to work in Australia, If you need to work we can assist in obtaining work rights on the associated bridging visa.
The 12-month cohabitation requirement for partner visas may be waived if the couple has the opportunity to registers their relationship in the state or territory they reside in. Relationship registration is not available in all Australian states/territories. Do bear in mind however, if you register your relationship this may limit your options further down the line.
In some instances you may apply for 801 permanent visa without the obligatory waiting period. This exemption mainly applies to applicants with children or if the couple have been together in a long term relationship.
For partner visas it is wise to plan in advance to ensure both the sponsor and applicant are eligible to make a successful visa application. As Registered Migration Agents we are aware of the process, criteria and good time management required to submit applications with the correct evidence & detail.
Below we have provided a range of information in our Frequently Asked Questions section, which we hope you find helpful. Don't be shy, if you cannot find the answer you want just call us; we are a helpful bunch here!!
If you need help, we are qualified to manage your partner visa application.
FAQ | FREQUENTLY ASKED QUESTIONS
Below is a selection of our most frequently asked questions about Partner Visas Applications In Australia. The topics and answers are general in nature and should not be regarded as specific to your circumstances; always speak with a Professional & Registered Migration Consultant.
Do contact Visa Crew if you do not find the answer to your query here!
Q Who May Apply For Partner Visa?
You may be eligible to apply for a Partner visa 820/801 if you can satisfy the requirements which includes the following:
Applicant must be over 18 years of age
You both have been together for 12 months or more to satisfy DeFacto criteria
Married Couple - Marriage must be recognised under Australian Law
Relationship should be genuine and continuing
Mutual commitment to a shared life - to the exclusion of all others
Shared life including financial & social commitments
Health and character requirements
You meet ALL regulations & criteria for the visa application
Q What Is The Difference Between Onshore or Offshore Partner Visas?
Main difference between these visa types is where the applicant should be located when the papers are lodged with the department of immigration.
Onshore Partner Visa: Applicant must be in Australia - Subclass 820/801
Offshore Partner Visa: Applicant must be outside Australia - Subclass 309/100
Q Is My Partner Eligible To Sponsor Me?
The visa sponsor must be over 18 years of age. To be eligible the sponsor should meet one of the following criteria.
An Australian Citizen
An Australian Permanent Resident
An eligible New Zealand Citizen
There are other limitations on sponsors for Partner Visa. Please call us for detailed information.
2019: Additional Requirements for Sponsors Are Due To be Implemented For Visa Sponsors In 2019. Be Mindful Of This New Development.
Q How Long Is The Visa Valid For?
Onshore 820/801 Partner visas are permanent visas - the applicant (if successful) will be granted full residency in Australia; with 5 year travel rights.
Q We Are In DeFacto Relationship But Mostly Live Apart?
It is not necessary for grant of visa that you must have lived together the whole time. It is important howevere you set out why you have been living apart and this would not be the intention, long term.
Good & accurate evidence is required with your application to ensure the Department understands your circumstances.
Q We Have Questions About Prospective Marriage Visa?
Subclass 300 Prospective Marriage Visa is applicable to offshore applicants. Please go to our dedicated Prospective Marriage Visa page for more details: Click HERE
Q We Plan To Register Our Relationship?
Yes! This can be a smart option to circumvent the DeFacto requirement of Partner Visa application. Be aware however, this may also limit your options going forward. Call us for advice prior to registering your relationship.
Q Will I Be Required To Complete A Health Assessment?
Yes the primary applicant and secondary applicant will need to complete a health assessment. If you attended for an X-ray previously, we may be able to reuse this.
Q May I Include My Children?
Members of the family unit may be included - these are know as secondary applicants.
Q We Have a Joint Bank Account But Never Use It?
The couple must demonstrate financial transparency for the duration of their relationship. A joint bank account is the easiest and most practical way to evidence the financial aspects of your relationship.
Q What Is New About Partner Visas?
2019 - Pending Legislation May Impact On Some Partner Visa Applications - Call Us For URGENT Advice: 0455295988
July 2019 - Visa Application Charges increase - $7715.00
Q I Hold A Bridging Visa & Need To Travel Abroad?
A bridging visa 'A' (associated with you partner visa application) does not permit travel into Australia. Obtain a seperate bridging before you depart Australia.
Q I Currently Hold A Student Visa, Am I Eligible To Apply For An Onshore Partner Visa?
Student visa holders are generally eligible to make further visa applications while they are in Australia.
Check conditions on your Student Visa grant notice to ensure eligibility.
2019: Be aware of implementation of new migration legislation, this may have implication for student visa holders.
Q My Current Visa Has An 8503 Condition Attached, Can I Apply For Partner Visa?
An 8503 condition on your visa does not allow you to make a further visa application while you are in Australia. There are however exceptions to this; the regulations allow certain applicants to apply for a waiver.
Q I Currently Hold A Visitor Visa, Am I Eligible To Apply For An Onshore Partner Visa?
Depending on any conditions imposed on your Visitor/Tourist Visa you may be eligible to apply for a partner visa while you are in Australia.
2019: Be aware of implementation of new migration legislation, this will have implication for temporary visa holders in Australia.
Q I Have Debts To The Australian Government?
When you have outstanding debts to the Government, your visa application will not be processed. Make arrangements to pay the debt before you submit your partner visa application.
Q My Previous Visa Was Cancelled, Am I Ok To Make A Partner Visa Application?
If your previous visa was cancelled or if you had a visa application refused you are subject to 'Section 48 Bar" (s48). This prevents you making further visa applications while you are in Australia.
There are however exceptions to the regulations which may allow you lodge a sucessful Partner Visa application.
Call Us For An Update - Click HERE
Q Can I Apply For 820/801 Visa At The Same Time?
Yes! The regulations allow for a combined partner visa application for subclass 820 / 801. This will save you time, money and much stress.
Q How Many 888 Declarations Do I Need?
You are required to provide 888 declarations with your application. We usually request four or more declarations from you. Do not prepare these unless requested; time limits apply.
Q Our Previous Partner Visa Application Was Refused?
It is wise to consult a Registered Migration Agent to advise on your individual circumstances. You may be barred from making further visa applications while you are in Australia. A decision to refuse your application may be appealed to the AAT. Be mindful of strict time limits that apply.
Q I Do Not Have A Current Visa, Can I Apply?
The following Schedule 3 criteria may apply to you: 3001, 3002, 3003 or 3004.
Partner visa applicants who do not meet schedule 3 criteria may be eligible to apply for a waiver on compelling & compassionate grounds.
Q We Have More Questions About Partner Visas?
Call us anytime! Each day people turn to us for expert advice. No matter how complicated your case may seem we offer real solutions, customised to your circumstances!
Q How Can I Book An Appointment?
You may use our online booking service; choose a date and time that's suits your schedule. For convenience you may also pay your consultation fee at the time of booking.
Q What Are Dept Processing Times?
Partner visa applications processing times tend to vary, at present the wait time has increased probably due to staff shortages at DHA processing centres.
Quality of the evidence, submission documents and correct, logical filing will influence how quick the department finalises you visa application. Unfinished and incomplete documents add to the frustration of the case officer; these applications usually take longer to process or may be rejected.
Q We Are A Same Sex Couple, May We Apply?
There is no discrimination under the Australian visa program for same sex couples. All visas including onshore 820/801 Partner Visas are available to gay couples. As with any couple, defacto criteria should be satisfied in order to submit a successful visa application.
Australian Federal Law now recognises gay marriage & civil unions. If you are already married or in civil union the 12 months defacto requirement may be waived.
Q Does The 820/801 Visa Allow Me to Work?
When a Partner visa is granted there are many benefits to the holder:
Reside in Australia with your partner
Apply for Australian Citizenship
Unrestricted work rights in Australia
Study in Australia
Travel abroad - 5 year travel rights
Include dependent children or family members
Enrol in Medicare
Sponsor other family members to work in Australia
Sponsor your Parents to reside in Australia
Q My 5 Year Travel Rights Have Expired?
When your subclass 801 visa is granted you automatically become a Permanent Resident of Australia. PR includes 5 year travel rights into Australia from date of visa grant. If your 5 year travel period has expired or is about to expire you may be eligible for following options:
Apply for Australian Citizenship
Resident Return Visa (RRV)
If your 5 year travel rights is close to expiry please ensure you make necessary arrangements before you depart Australia. You may have difficulty with immigration if your travel rights have expired.
Q What Are Department Application Charges?
DHA Visa Application Charges (VAC) for 820/801 onshore partner visa are as follows:
$7715.00 | Primary Applicant
VAC - Visa Application Charges are generally increased at the start of each financial year.
Q When Am I Eligible For 801 Permanent Visa?
Exactly 24 months after you submitted your initial partner visa application then you may update the Department and make final submission for 801 stage. When finalised you will be considered for Permanent Residency.
Q We Want To Submit Our Own Partner Visa Application, Can We Do This?
Yes you may submit your own visa application with your partner/sponsor if you feel competent. There is ample resources online to assist you; a good place to start is the Government Home Affairs website:
Keep an eye out for changes to migration legislation and regulations, it is important your Partner Visa Application is up to date with any legislative amendments.
Visa Crew also offers various service levels to assist with your partner visa application. Should just want a Migration Consultant to overlook some of your documents or wish for us to manage the complete application; then we can help! We have the experience and we are qualified.
LET US HELP YOU, TOO
Each day, people turn to Visa Crew for expert advice and knowledge to help them through the (sometimes) complicated visa application process. All immigration advice you receive from Visa Crew is provided by Registered Migration Agents. When you appoint us to manage your visa application, like other people, you have chosen to be represented by a team of experts who can deliver our promise!
We have a long history of expertise in Australian Migration law and we are proud of our track-record of success.
Our Promise To You - We Will
• Listen and understand your individual situation.
• Always keep you informed, at every stage.
• Treat you as a valued client, with dignity and respect.
• Take care with your future – as an individual or family
• Always guide you on the right track
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WHAT YOU GET -
OUR SERVICE TO YOU
Assessment of Your Case by a Qualified and Registered Migration Agent
Consult Current Migration Law & Regulations For Your Case
Lodgement of Visa Application With Submission Documentation
Unlimited, Professional Migration Advice
Access To Online Case/File Management Portal
Unlimited Face To Face Consultations
Fixed Fee - No Hidden Extras
Regular Updates On Your Case