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Permanent Partner Visa Processing

June 5, 2024

Permanent Partner Visa Processing

Permanent Partner Visa Processing to transition from a temporary Partner Visa (Subclass 309 or Subclass 820) to a permanent Partner Visa (Subclass 100 or Subclass 801) is a significant milestone for couples looking to build their future together in Australia.

Achieving permanent residency through these visas not only solidifies your right to stay in Australia indefinitely but also opens the door to apply for Australian citizenship down the line.

Key Facts:

  • Typically, eligibility for the Subclass 100 and Subclass 801 Partner Visa second-stage processing arises two years after the Subclass 309 application.
  • Eligibility requires that you are currently holding a Subclass 309 or Subclass 820 Partner Visa.
  • Typically, eligibility requires that your marriage or de facto relationship with your Australian Citizen Spouse or Partner Sponsoris genuine and continuing.

Understanding the Permanent Partner Visa Subclass 801 and Subclass 100

The Permanent Partner Visa, comprising Subclass 100 (offshore) and Subclass 801 (onshore), is designed for individuals who are married to or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. This visa allows holders to live indefinitely in Australia, enjoying the benefits of permanent residency.

The journey to obtaining this visa typically begins with a temporary Partner Visa (Subclass 309 or 820), which provides temporary residency while the permanent visa application is processed. You can learn more here.

Eligibility for the permanent visa requires demonstrating that the relationship is genuine and ongoing, meeting health and character requirements, and providing comprehensive documentation, such as proof of cohabitation and shared financial responsibilities.

Download our Free Guide to Partner Visas for more information about Partner Visas for Australia.

Permanent Partner Visa Eligibility Criteria

To be eligible for the Permanent Partner Visa (Subclass 100 or Subclass 801), applicants must meet several criteria, including:

  • Current Visa Holder: You must hold a temporary Partner Visa (Subclass 309 for offshore applicants or Subclass 820 for onshore applicants).
  • Relationship Continuity: You must demonstrate that your relationship with your Australian partner is genuine and continuing. This includes providing evidence of shared life and mutual commitment.
  • Time Requirement: Typically, you can apply for the permanent visa two years after lodging the initial Partner Visa application.
  • Co-habitation Evidence: Provide documentation showing that you and your partner live together and share domestic responsibilities.
  • Joint Financial Responsibilities: Evidence of shared financial responsibilities, such as joint bank accounts, shared bills, or property ownership/lease.
  • Social Aspects of Relationship: Proof of social recognition of your relationship, including photos together, invitations, or statements from friends and family.
  • Health Requirements: Undergo health examinations to ensure you meet Australia’s health standards.
  • Character Requirements: Provide updated police certificates from every country you have lived in for 12 months or more over the past 10 years.

Common Challenges and How to Overcome Them

Navigating the permanent Partner Visa process (Subclass 100 and Subclass 801) can present several common challenges for couples.

One significant challenge is providing comprehensive and convincing evidence of a genuine and ongoing relationship. Providing clear and comprehensive evidence that supports your genuine relationship is essential.

Long processing times can be challenging, so it’s crucial to apply well in advance and stay informed about current application requirements. By being proactive and seeking professional guidance, applicants can navigate these challenges and increase their chances of a successful visa application.

What Happens If We Break Up?

If your relationship ends before the permanent Partner Visa (Subclass 100 or Subclass 801) is granted, it's crucial to inform the Department of Home Affairs.

Typically, the visa application may be refused or cancelled if the relationship ceases, as the visa relies on the continued partnership with your Australian spouse or de facto partner.

However, there are certain circumstances where the application may still proceed, such as in cases of domestic violence or if there are children from the relationship. It’s essential to provide evidence supporting these claims.

Seeking legal advice or assistance from a registered migration agent can help you understand your options and navigate the complexities of your situation. Being honest and proactive with the Department of Home Affairs is vital to ensure you comply with immigration laws and explore possible pathways to remain in Australia.

Where can I get Permanent Processing help?

At Port Migration we love helping our clients who are excited about starting life together in Australia. Achieving visa success for our clients is our main goal. We pride ourselves on the way we make a complex process simple and stress free.

Each visa has a different application process and requirements. The waiting times for the visas are also different, and the wait time can be impacted by the country that you come from. Constant changes to the Australian Migration Legislation also make it hard to know which option is the best for you.

Book a free call to get assistance with your Permanent Processing to make the application simple and stress free for you as a couple.

Conclusion

Navigating the journey from a temporary to a permanent Partner Visa (Subclass 100 or Subclass 801) is a significant milestone for couples seeking to build their lives together in Australia.

While the application process may present challenges, with careful preparation and perseverance, these obstacles can be overcome. By understanding the eligibility criteria, gathering comprehensive documentation, and seeking professional assistance when needed, applicants can increase their chances of a successful outcome.

It's essential to stay proactive and informed throughout the process, ensuring that all requirements are met and that communication with the Department of Home Affairs is accurate and timely.

Achieving permanent residency in Australia not only provides stability and security but also opens the door to a range of opportunities for you and your partner. As you embark on this journey, remember to stay patient, stay positive, and look forward to your exciting future together in Australia.

Frequently Asked Questions

What is the difference between the Subclass 100 and Subclass 801 visas?

The Subclass 100 visa is the permanent stage of the Offshore Partner Visa, while the Subclass 801 visa is the permanent stage of the Onshore Partner Visa. Both allow holders to live permanently in Australia.

How long does it take to process the permanent Partner Visa (Subclass 100 or Subclass 801)?

Processing times can vary, but typically it takes between 12 to 24 months after applying for the permanent visa, following the grant of the temporary visa.

What are the eligibility requirements for the permanent Partner Visa?

Eligibility includes holding a temporary Partner Visa (Subclass 309 or 820), demonstrating a genuine and ongoing relationship, and meeting health and character requirements.

What documents are needed for the permanent Partner Visa application?

Required documents include evidence of your continuing relationship, updated personal identification, updated proof of relationship and proof of cohabitation and shared financial responsibilities.

Do I need to provide additional evidence for the permanent Partner Visa if I have already submitted documents for the temporary visa?

Yes, you need to provide updated evidence to demonstrate that your relationship is still genuine and ongoing since the temporary visa was granted.

Can I apply for the permanent Partner Visa (Subclass 100 or 801) while my temporary visa is still valid?

Yes, you should apply for the permanent visa before your temporary visa expires to ensure continuous residency status.

Will I be able to work and study in Australia while my permanent Partner Visa application is being processed?

Yes, holders of the temporary Partner Visa (Subclass 309 or 820) have full work and study rights while waiting for the permanent visa decision.

What happens if my relationship ends before the permanent Partner Visa is granted?

If the relationship ends, you must inform the Department of Home Affairs immediately. Your visa status may be affected, and your application for the permanent visa may be refused.

Are there any additional costs associated with the permanent Partner Visa application?

There may be additional costs for updated health checks, police certificates, and biometrics, but there is no additional application fee for transitioning from the temporary to the permanent visa.

How will I know if my permanent Partner Visa application is successful?

You will receive a notification from the Department of Home Affairs. Once granted, your permanent visa details will be updated in your ImmiAccount and you will be issued a new visa grant notice.

Joanna Hill

Registered Migration Agent

Joanna Hill is a Registered Migration Agent with over 8 years experience assisting individuals, business owners and HR managers to apply for all Australian Visas. Joanna’s areas of expertise include Work Visas, Partner Visas, Visitor Visas and Australian Citizenship. She makes the complex and constantly changing process of applying for Australian visas simple and stress free for client sand achieves a 100% success rate for partner visa applications. Joanna is a Member of the Migration Institute of Australia and is registered with the Migration Agents Registration Authority (MARN 1575613). In addition to her work in Migration, Joanna has over 15 years experience as a teacher, Leading Teacher and Learning Specialist in Primary and Secondary schools. She has a research Masters in Education and has presented research and workshops at conferences in Australia and internationally


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