You’ve been granted a temporary Partner visa Subclass 820 or Subclass 309, now what?

Partner visa Subclass 820 (onshore application) and Partner visa Subclass 309 (offshore application) are temporary visas allowing the visa holder to work, study and access Medicare. These temporary visas allow you to travel in and out of Australia.

Once a period of two years has lapsed since the date of your initial lodgement, you are eligible to then apply for a permanent Subclass 801 visa (onshore) or Subclass 100 (offshore). The application process for the permanent visa is very similar to the initial temporary visa application. Case officers will want to see more of the same documents to evidence that your relationship is continuing. More information is available in our other blogs on the type of evidence required.

In some circumstances where your relationship with your sponsoring partner has not continued, you may still be eligible for the permanent visa. We recommend speaking to one of our experienced migration agents in a confidential appointment if the relationship has not continued due to family violence or the sponsor passing away.

Now that you have been granted a temporary partner visa, it is essential that you do not apply for any other visa. Being granted another visa will replace the Partner visa, and you will not be able to apply for the permanent Partner visa. This scenario can happen inadvertently to New Zealand citizens traveling into Australia. Upon arrival into Australia, NZ passport holders are automatically granted a temporary Special Category visa Subclass 444, making the temporary partner visa obsolete and the chances of applying for a permanent partner visa.

Since the start of 2017, the Department has advised that they will no longer send correspondence to Subclass 820 or Subclass 309 visa holders to advise them to lodge their permanent visa application. Once two years has lapsed since the lodgement of your initial partner visa application, you can proceed with the permanent partner visa application.

It would be a pleasure to assist you with your application. Should you have any queries about Partner visas or any Australian migration matter, please contact Swift Migration Australia on (07) 5526 6869 or email hp@swiftmigrationaustralia.com