Temporary Partner Visa | Subclass 309 Visa and 820 Visa
If you are in a fiancé, married or de facto relationship with your partner who is an Australian citizen, permanent resident or eligible New Zealand Citizen, the Partner – Provisional, Subclass 309 or Partner – Temporary, Subclass 820, are just a couple of the visa options available to you.
“Thank you so much Julie & Justene for all of the help & assistance that you provided Amelia & I when we applied for our Fiancé Visa & Partner Visa. Both Amelia & I believe that there is not another immigration service here in Perth that could provide such professionalism with honesty, trust & empathy to their clients, as yours. We would like to recommend to anyone who is thinking of enlisting the help of an Immigration agency, not to go past 888 Migration Services”
Zane and Amelia Hunt – Prospective Marriage & Partner Visa – Subclasses 300 & 820
The subclass 309 is for married or de facto visa applicants who are outside of Australia at the time of lodging their visa application and the subclass 820 is for married or de facto visa applicants who are in Australia at the time of lodging their visa application. To lodge this visa you must hold a valid visa that doesn’t have an 8503 or 8534 visa condition on it. These conditions mean that no other visa can be lodged whilst you are still in Australia.
The subclass 820 is also the visa you apply for when transitioning from the Prospective Marriage, subclass 300 visa after marrying your fiancé.
Both of the partner visa types (309 and 820) enable you to reside with your partner/spouse in Australia until the time comes for you to apply for your permanent residence, subclasses 801 or 100.
In order to be granted any type of partner visa (309, 820, 300, 100, 801 or 461), there are significant document requirements that you will have to provide DIBP with in order to prove that you are in a genuine monogamous and continuing relationship
What Does Each Visa Let Me Do?
Each Visa carries unique allowances suited to your needs, which will determine your work and travel in Australia.
Sub-Class 309, for offshore applicants, allows you to travel to Australia and live with your partner.
Sub-Class 820, for onshore applicants, allows you to remain in Australia with your partner, including throughout the application process.
Both of these Visas provide you with pathways to apply for Permanent Partner Visas after two years from application.
How Can I Apply?
It’s easy – we submit the applications on your behalf to ensure that your evidence and supporting documentation is correct and working towards your visa approval. We deal directly with the DIBP (Department of Immigration and Border Protection), who will determine the outcome of your application.
What Steps Can I Take After Applying?
Partner visas take approximately 12 to 18 months, as the DIBP authenticates your information.
During this time, offshore applicants (SC309) can benefit from our visitor visa application services, which have a much greater chance of success once a Partner Visa or similar has been lodged. This will grant you access to Australia to wait with your partner for a final decision.
Applicants for SC820 will be granted a bridging visa (BVA) after the temporary visa they are already on expires (eg Visitor visa) however you should be aware that the BVA carries travel restrictions. If travel is required we can arrange Bridging Visa B for you, this will permit travel within nominated dates.
After applying for any partner visa, you will need to maintain the relationship with your partner, and continue to collect supporting evidence as we can continue to supplement your application with this as evidence of authenticity even after the initial lodgment has been completed. (SC300, SC309 & SC820 only)
How Long Is It Valid?
These visas are both valid for two years from lodging your application, by which time you are able to apply for a Permanent Partner Visa.
What Are My Obligations?
By remaining with your partner, you are supporting your right to a Temporary Partner Visa. Should the relationship fail before the permanent visa is granted, the you must notify the Dept of Immigration.
Do I Have Options For My Family Members?
If you have dependent children or you are the primary caregiver for a sibling, who are all in good health, they may also qualify for entry and residence in Australia.
What Documentation Do I Need?
Partner Visa applications require an exhaustive process of gathering evidence based proof that your relationship is genuine and not simply an ‘arrangement’ for the purposes of a visa application.
Consider the process to be a presentation of a case in law–we are conducting a legal argument measured against legislation, and we are providing the relevant evidence, supporting statements and affidavits to the assessing officer.
The more complete and compelling we make the portfolio of evidence, the easier it becomes for the assessing officer to make a positive decision and grant the visa.
To demonstrate that the relationship is ‘genuine, committed, and ongoing’, there are four key areas which each require supplementary evidence, to show that the ‘resources’ of the partnership are shared. There are many types of documentation and evidentiary support that you may need to summon to provide a comprehensive and compelling case for your visa and we guide you every step of the way.
- Financial – Such as joint accounts, joint leases, purchases, or money transfers
- Social – Common friends and family, and how your social group perceives your relationship
- Domestic – When you’re together, how does the household function?
- Commitment– The ‘human’ element; how do you feel about each other, how did you meet, what are your future plans?<
We carefully coach our clients throughout the development of the portfolio of evidence by providing worked examples, guidance notes and suggested amendments as we critique the documentation.
Every case is assessed by us by passing the information through the same level of scrutiny expected by DIBP, this enables any errors, omissions or compromising information to be properly addressed before it gets before the decision maker.
It’s like having a safety net for your application.
The DIBP website contains only a broad overview of the detail in the legislationmaking it very easy to omit key information or facts, or to misdirect the case without knowing the repercussions.
As Registered Agents we have access to the same Policy Advice Manual (PAM) only accessible to Registered Agents and DIBP officials and provides specific guidance to the interpretation of legislation in all circumstances.
We also belong to a panel of fellow agents and migration lawyers providing a support network for advice and guidance for even the most challenging of cases.
By using a professional you gain access to these exclusive resources to fully underpin your case and give security of knowledge that all aspects of the application are properly founded and supported by legislation.
What Are The Costs Associated With The Application?
We aim to make the application process as smooth and painless as possible, including our pricing structure. Individual costs vary, depending on a number of factors in your personal circumstances. We have a range of finance options to suit you, and a consultation with one of our qualified professionals can be beneficial when considering cost and how to approach your application.
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.
Alternatively you can get our information pack.