Australia is in lockdown but applying for a partner visa means you don’t need to be locked out!
There are thousands of people who are currently in Australia and have a visa that’s about to expire in the next few weeks or months. Many of these people are either married or in a de facto relationship with an Australian citizen or permanent resident. If you’re one of these people, did you know that you could apply for a visa to remain in Australia with your partner so you can ride out the COVID-19 pandemic together?
The requirements to apply for a partner visa to remain in Australia
The Onshore Partner Visa is also known as the Subclass 820/801 visa. This visa allows the partner or spouse of an Australian citizen or permanent resident to remain in Australia beyond the expiry of their current visa. It can only be applied for when the applicant is in Australia and there are no conditions or restrictions preventing them from applying for another visa while in Australia. Some of the main requirements for this visa include:
The applicant is either married or in a de facto relationship with their sponsor
The sponsor is an Australian citizen or permanent resident
The sponsor has not previously sponsored more than 1 person on a partner or prospective marriage visa
You and your partner have been in a genuine and continuing relationship
What this visa allows you to do
The first stage of the partner visa is a Temporary Resident Visa (subclass 820). This visa allows unlimited travel in and out of Australia, permits the applicant to study at their own expense, enrol in and full work rights while the visa is valid. You may also be eligible to access 510 hours of free English tuition under the Adult Migrant English program (AMEP). Two years after the application is lodged, the applicant is eligible to apply for the second stage Permanent Resident Visa (subclass 801).
What happens to your current visa?
If you are currently in Australia holding another valid visa, you will need to lodge a partner visa before the expiry of your current visa in order to remain here lawfully. A bridging visa is automatically granted and will become active once your current visa expires. This ensures that you do not have to leave Australia during the current COVID-19 crisis which is ideal because Australia has banned non-citizens and non-permanent residents from entering Australia until further notice.
The bridging visa will also give you unlimited work rights and access to Medicare. If you need to travel outside of Australia while holding the bridging visa, you will need to apply for permission to travel. However, we advise that you hold off on any unnecessary travel until the international travel ban is lifted, otherwise you may be locked out of Australia.
How much does it cost and how long will it take?
The onshore partner visa will cost $7,715 and the current processing time for the first stage subclass 820 as stated on the Department of Home Affairs website is between 26 to 31 months. This may seem like a long time, however the bridging visa will ensure that you can remain in Australia during the processing time without having to worry about leaving Australia.
How can we help with your partner visa during the COVID-19 crisis?
We are taking the Federal Government’s advice seriously and have implemented social distancing measures by moving all of our work online. This means that we can manage and lodge your partner visa application without having to meet in person. We are also conducting all of our consultations over the phone or on video. Our team can help you prepare and lodge a partner visa application before your current visa expires so you can remain in Australia with your partner during this tough and unpredictable time.
If you would like to arrange a consultation, book a consultation online or contact us on (02) 8328 0558.
Want to know what your options are?
Fill in our Partner Visa Pre-Assessment form
About Peter Chang
Peter Chang is a registered migration agent based in the Western Sydney hub of Parramatta, Australia. He is the co-founder of Titan Migration, a consultancy specialising in providing Australian immigration advice and visa assistance services.