Our Migration Lawyers can assist you with onshore and offshore applications, no matter if you are in Queensland right now.
Partner visas allow an individual who is either the spouse or partner of an Australian Citizen, Permanent Resident or eligible New Zealand citizen, to apply for an Australian visa. This is based on them being in a genuine, committed, ongoing relationship. There are various criteria that must be met before the Department of Home Affairs (DHA) will grant these visas.
Onshore SC820 Partner Visa Applications
The SC820 Temporary Partner visa allows successful applicants to live, work, study and travel in Australia and receive Medicare support. This visa allows you to stay in Australia until your permanent Partner Visa is finalised or until you withdraw your application.
In order to be eligible, applicants must meet the below criteria:
- Be over the age of 18 years.
- Not had a visa cancelled or refused.
- Not hold certain regional visas.
- Be onshore in Australia when you apply.
- Have an approved sponsor that will remain your sponsor for the 2 year temporary period.
Applicants must also meet ALL the relationship requirements to be granted the SC820 temporary visa.
Four pillars are used to analyse evidence of applicants’ married or de facto relationships. These four pillars are your shared finances, household situation, social matters and commitment. For more information, click below.
Once an applicant has held this temporary visa for 24 months, they can apply for a permanent visa.
Onshore SC801 Partner Visa Applications
The SC801 Permanent Partner visa allows successful applicants be permanent Australian resident from the day the application is approved. With this visa, applicants can work, study and travel in and out of Australia and receive Medicare support. Permanent visa holders can become sponsors for their family members. Additionally, if eligible, SC801 visa holders can apply for Australia Citizenship.
To be eligible, applicants must:
- Hold a SC820 or a dependent child SC 445 visa.
- Have been 24 months since you applied for the combined 820 and 801 visa.
- Applicant must continue to be the spouse or de facto partner of the same person who sponsored the applicant for their temporary partner visa.
- Meet the four pillars of evidence as stated above.
- Have no debt owing to the Australian government.
If the relationship does break down with your partner or if your partner dies before the permanent visa gets granted you may still be eligible for a permanent visa, however, the DHA must be informed of any situation changes as soon as possible.
Costs and wait times of applications can vary depending on the application and relationship. For more information regarding these partner visas, please call us today to speak directly with one of our Migration Lawyers for advice and a personalised quote.
Having been through the DHA’s visa processes themselves, our Lawyers understand the application process and understand it can be overwhelming. That is why they are here to make your application as smooth and stress-free as possible.
Contact our Migration Lawyers today to discuss partner visas.
Ph: 5444 1022
Article was written on 1st May 20223. The above information provided in this article is not meant to be used as Legal or Immigration Advice. Please check the Department of Home Affairs website for any information relating to Immigration as various conditions and visa requirements as they are updated by the Department of Home Affairs. –https://www.homeaffairs.gov.au/. Remember each case is different and the above is only a very brief summary of some of the elements one has to consider prior to applying. There is a lot more details to consider in Australian Migration Law and Regulations. Please consider speaking to an Immigration Lawyer or Immigration Agent for assistance with your specific set of circumstances and any Immigration questions you might have, as they can assess your chances of the possibility of getting your visa and guide you through the process.
Greenhalgh Pickard’s Migration Law Team