There are lots of options for partner or de facto visas, including the subclass 820 visa. This visa and its offshore variant the 309 visa is the provisional partner visa, which is typically used before applying for the permanent visa options. This visa is open to heterosexual and same sex applicants for those with an Australian citizen or permanent resident partner. So, here we will explore this issue a little further, so you can have all the details you need to make an informed decision.
The 309/820 Visa:
These are provisional visas, which can be held until they have been superseded by a permanent partner visa. You can lodge a SC820 visa while in Australia, but for those living outside of Australia, an application can be made using a SC309 visa. Both these visas are conditional that you are continuing to living in your de facto relationship with your spouse or de facto partner.
Permanent Partner Visa Options:
After you have been granted a subclass 820 visa, you may wish to explore your permanent partner visa options. After approximately two years from the date of your 820 visa application, you will be advised by the Dept of Immigration and Border Protection that you may make your application. Applicants are assessed against the permanent partner visa criteria. In order to qualify, you will need to prove that you are still living in a genuine committed and exclusive relationship. If the Department is satisfied that you meet the criteria, holders of an 820 visa are granted an 801 permanent visa. In the case of 309 holders, they will be granted a 100 subclass visa.
Once you have been granted a permanent visa, you will have unconditional residency in Australia and will have the rights to live in Australia indefinitely, even if your relationship with your de facto partner or spouse later ends.
The Criteria for Provisional Partner Visas:
As with any type of visa, there is certain criteria you will need to satisfy in order to qualify for provisional partner visas.
Married couples need to demonstrate that their marriage is legal and valid under Australian law. Polygamous, same sex and underage marriages are not legally recognised in Australia. Your marriage needs to be ongoing and genuine, you should not be closely related to your spouse.
De facto applicants need to have been in a relationship for a minimum of twelve months before lodging an application or six months if the relationship has been registered and be over the age of eighteen The time spent dating will not count towards the de facto relationship. .
For both married and defacto applicants it is still a requirement that they be able to prove that their relationship is genuine, committed and exclusive through an evidence portfolio of financial transactions, social contact, living arrangements and witnessed affidavits.
If you are considering an 820 visa, you should speak to a member of the 888 Migration team. We would be delighted to help guide you through the 820 visa application process and address any of your queries.
Need Professional Help With The Application Process?
The Visa application process is difficult. It is common for self-prepared applications to get rejected. We know how important it is that your application is approved and we are here to make sure that it does.
If you would like to have your application managed by experts who can get you the best outcome, then call 888 Migration Services and talk with us about how we can help.
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