Now the current visa legislation for partner visas allows people to apply for visa applications on a temporary or a permanent basis in one go. Post pandemic, Immigration rules are more stricker and it makes it harsh to even apply or renew for your own visa. Putting up a partner visa in 2022 is going to get even more challenging.
All Subclass you need to know for Partner Visa Application:
The subclasses are defined as 820 and 801 is the same as subclass 309 and 100, but the difference in those subclasses is that subclass 820/801 are the onshore version of 309/100. Now the subclass 820 and subclass 309 are for temporary partner visas and subclass 801 and subclass 100 are for a permanent partner visa.
Assessment of relationship
An applicant who is holding a subclass 820 visa is mostly assessed for the permanent visa by the Department of Home Affairs after the lodge of the original application which is two years. The most common assessment is either those applicants are still in a relationship, or they have a child together or the couple can provide proof they were in a relationship for the last three years when they lodge the application 820/801.
In some cases when the applicant of temporary partner visa holder is no longer in a relationship can get a permanent partner visa. The circumstances for that kind of application could be possible where the applicant might be affected by domestic violence or having an Australian child. It depends on case to case.
Eligibility for permanent subclass 801
As we discussed earlier the subclass 801 is a permanent visa application for onshore visa holders having subclass 820. In most cases, the temporary visa holders of subclass 820 need to hold subclass 820 for a full two years before they can apply for subclass 801 for a permanent partner visa.
After that, the stage of assessment will come from the Department of Home Affairs where you must prove your relationship is genuine and you are still in a relationship with your sponsor partner. If you fail to provide the required proof your application will be most likely to get refused.
As mentioned earlier if the relationship comes to an end before your permanent visa is granted you still might be able to get a permanent partner visa, but the scenario is the applicant might be affected by domestic violence or having an Australian child. It depends on the situation and proof will be required.
Visa application processing time
The current visa processing time is given on the Department of Home Affairs website.
Usually, the applicants who submit all the required documents properly will be able to get their visa earlier than the applicant who submitted their application with short documents.
What evidence you can reuse for application 801.
It is a very common question to ask what evidence you can reuse for application 801 that you already used for application 820. The answer is there are a few documents you can reuse for application 801 includes.
• Marital status (if you are married).
But the problem is you must provide more evidence which is required for application for subclass 801. The additional documents will be the proof of a continuing relationship between application 820 to 801 which is two years. You must satisfy the Department of Home Affairs that you are still in a genuine relationship and together.
Eligibility for Medicare
You are eligible for Medicare since you applied for temporary partner visa subclass 820 and you can continue for permanent partner visa subclass 801.
Eligibility for traveling
Subclass 801 is a permanent residence visa. Many people have questions in their minds about whether we can travel overseas after getting permanent residency. Yes, you can travel but on a limited basis if you wish to travel and stay for too long in another country there might be a risk of losing permanent residency. If you have to travel overseas for some reason and you do not want to lose your permanent residency, please contact the experienced migration agent in Melbourne.
To support your eligibility, you and your partner must provide evidence which is shown in the documentation. So, what documents do you need to prove your eligibility?
Before you needed to require certifications for all your documents but now you no longer require the certified documents. The Department of Home Affairs is now accepting scanned colored documents or high-resolution pictures of your documents
This 820 Partner Visa Checklist is provided as a general guide only and must not be used as migration advice. Each partner visa application is unique. If you seek personalized advice, we recommend that you book a consultation with one of our experienced registered migration consultants melbourne.
Checklist of Documents
Note: the required documents will be the same
· At least 2 Statutory Declarations by third parties supporting your relationship (Form 888). We recommend providing 4 to 6 Form 888s.
· Passport biodata page for the Applicant
· Passport biodata page for all dependents included in your application
· Evidence of Shared Accommodation, such as:
· Joint lease agreement
· Bond payment
· Mortgage documents
· Joint property ownership documents
· Utility bills
· Evidence of Correspondence Addressed Jointly, such as:
· Receipts, invoices, deliveries, bills
· Letters, cards, or invitations sent by mail to you both at your home address
· Letters from your bank, including bank statements, that show your joint address
· Evidence of Joint Financial Commitments, such as:
· Joint bank account(s)
· Joint financial documents
· Joint insurances
· Joint bills and other financial liabilities
· Evidence of Joint Memberships of Organizations of Groups, such as:
· Joint gym memberships
· Joint golf/tennis club memberships
· Stat Dec of Applicant attesting Genuineness of the Relationship
· Subclass 820 Visa Grant Notification
Sponsors Personal Documents
· Passport biodata page for the Sponsor
· Stat Dec of Sponsor attesting Genuineness of the Relationship
Health and Character
· Police Clearances for Applicant
· Police Clearances for dependent children aged 16 years and over (where applicable)