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Temporary to Permanent Partner Visa: Transform with Ease 2024

Immigration information is subject to change. Please contact a migration agent for your visa enquiries!

Table of Contents

    Corazon Jasa

    Written: December 29, 2023

    Updated: December 29, 2023

    20 min read

    Temporary to Permanent Partner Visa

    Embarking on the journey towards permanent residency in Australia can feel like navigating through a labyrinth, with each turn presenting its own set of challenges and paperwork. You might be holding a Temporary Partner Visa (subclass 820) right now, tapping your feet anxiously as you wait for the day you can transition to that coveted Permanent Partner Visa (subclass 801).

    It’s the bridge connecting you to building a stable future with your partner in this land Down Under.

    You’re not alone. Did you know that transitioning from temporary to permanent residency is a critical step for many couples seeking to solidify their lives together in Australia? Your bond strengthens not just personally but legally too, through this process.

    This article is packed with guidance to illuminate your passage from the subclass 820 visa all the way to becoming a proud holder of the subclass 801 visa – opening doors to permanency and beyond.

    We’ll walk through everything: eligibility rabbits out of hats, dotting I’s on essential documents, understanding what happens if relationships get rocky along the way and how this influences your path.

    Ready? Let’s dive into making sense of it all – because here comes clarity!

    Key Takeaways

    • You can apply for both the temporary Subclass 820 visa and permanent Subclass 801 visa at the same time. After two years on the temporary visa, you need to give more information to get your permanent visa.
    • For a partner visa in Australia, you must prove your relationship is real. Include things like marriage certificates, joint bank statements, or bills with both names.
    • Getting police checks from every place you lived since turning 16 and doing health checks are needed for these visas.
    • If you break up while on a temporary partner visa (subclass 820), it could make it hard to stay in Australia. But if you already have your permanent residency (subclass 801), it’s usually safe even after splitting up.
    • The cost of applying for a Temporary Partner Visa (subclass 820) is $7,850 AUD, and waiting times can be long – about two years or more just for processing.

    Understanding the Temporary Partner Visa (subclass 820)

    The Temporary Partner Visa (subclass 820) allows you to live in Australia if you are the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen.

    To be eligible, you must be sponsored by your partner and meet health and character requirements. The application process involves submitting evidence of your relationship and paying a visa application charge.

    Eligibility criteria

    You want to get your Temporary Partner Visa (subclass 820) in Australia? Great! Let’s make sure you know who can apply for this visa. You’ll need to meet some important rules:

    • Be in love and in a committed relationship with an Australian citizen, a permanent resident, or an eligible New Zealand citizen. This person is your sponsor.
    • Prove that your relationship is real and you both plan to stay together long – term. This could be a marriage or a de facto partnership.
    • Live with your partner, or if you don’t, have good reasons for it. Things like work or family can sometimes keep couples apart for a bit.
    • Have enough information to show that you support each other financially and look after each other emotionally.
    • Agree to only marry or start a de facto relationship with the person who is sponsoring you for this visa.
    • If married, make sure to have your marriage certificate ready. It needs to be accepted under Australian law.
    • Check if there’s any time requirement for how long you should’ve been together with your partner before applying.
    • Take care of all health checks and character requirements. You’ll need things like police clearances and medical exams to show you are in good health and have no major legal issues.
    • Make sure your sponsor is over 18 years old and has the right paperwork to prove they’re allowed to sponsor.

    Application process

    Getting a partner visa in Australia can seem tough. You need to follow each step carefully to make sure everything is right. Here’s how you do it:

    • First, check if you meet all the rules for a subclass 820 temporary visa. You must be over 18 and may need to include details about kids if they are with you.
    • Gather all your important papers, like your passport, birth certificate, and any other identity documents that prove who you are.
    • Fill out the visa application form. Make sure every blank is filled in correctly and all the information matches your documents.
    • Write down details about your relationship. This includes how long you’ve been together and things like sharing money or owning stuff together.
    • Ask friends or family to write statements saying they know about your relationship. These can help show that you and your partner are truly together.
    • Get police checks from every country where you lived for more than a year since turning 16. This proves that you’re a good person to allow into Australia.
    • Take care of health checks to show you’re not sick with anything that could be a problem.
    • Check the cost of applying so there are no surprises. Remember, there might be extra charges on top of the main fee.
    • Send your application online or by mail, depending on what works best for you.
    • Wait patiently after applying because it can take quite a while for them to decide.

    Cost and duration

    Understanding the financial and time commitments involved in applying for a Temporary Partner Visa (subclass 820) is a crucial part of planning your journey towards permanent residency in Australia. The government fees can be substantial, and the duration indicates a waiting period that applicants should be prepared for. Below is a detailed breakdown in table format to help you comprehend the costs and expected processing times.

    Visa Type Cost (AUD) Duration (Processing Time)
    Temporary Partner Visa (subclass 820) $7850 Approximately 23 to 28 months
    Dependent Child Additional fees apply Varies based on individual circumstances
    Subsequent Entrant Additional fees apply Varies based on individual circumstances

    Remember, these figures represent the visa application fee alone. They do not include other potential costs like health checks, police certificates, or the charges for any professional services you might engage. Processing times, while providing a general guideline, can fluctuate depending on individual circumstances and the complexity of each case. It’s important to keep abreast of the latest information from the Australian Department of Home Affairs, as fees and processing times can change.

    Transitioning from Temporary to Permanent Partner Visa

    Once you have obtained the Temporary Partner Visa (subclass 820), it’s important to understand the process of transitioning to the Permanent Partner Visa (subclass 801). This transition involves specific timelines and steps, as well as additional documents that may be required.

    It’s crucial to be aware of how separation can impact the partner visa process as well.

    Timelines and important steps

    Getting your permanent Partner Visa takes time and care. You must follow each step carefully to make sure you’re on the right path.

    • Apply for both the temporary subclass 820 and the permanent subclass 801 visas at the same time. This means you start by sending one application for two different visas.
    • Live in Australia on your temporary Partner visa for two years. During this period, you’ll be waiting until you can move to the next step.
    • Keep track of dates as timing is key. The date you first applied for your combined visa matters because it starts your two-year wait before applying for permanent residency.
    • After these two years, get ready to update your information. Immigration will ask for more details to check if you still meet all requirements.
    • Collect new documents that show your relationship is ongoing and genuine. Things like joint bank accounts or bills can help prove this.
    • Submit any new forms or information through the correct channels, such as online systems like ImmiAccount.
    • Wait for Immigration to tell you what they decide about your permanent visa. They do not start looking at this until after your two-year mark.

    Additional documents required

    After you’ve marked the important dates on your calendar, it’s time to gather the extra papers you need for your visa. You must show Australia that your partnership is still strong and true. Here’s what you’ll need:

    1. Updated relationship evidence – Bring together fresh proof like joint bank statements, bills in both names, and photos from recent events you’ve been to together.
    2. Statements from friends or family – Have them write about how they know you and what they’ve noticed about your relationship since you got your first visa.
    3. New life changes – If big things have happened, like having a baby or buying a house together, include documents like birth certificates or mortgage papers.
    4. Proof of shared responsibilities – Show how you split chores or care for each other when sick with things like written agreements or doctor’s notes.
    5. Social matters – Include any invites to events that both of you were asked to, showing that others see you as a couple too.
    6. Evidence of extended commitment – If there are new insurances or memberships in both names, adding these can help.

    Impact of Separation on Partner Visa Process

    If you and your partner split up, it can change things for your visa. You might worry about what happens next. It’s key to know that if you break up after getting permanent residency, your visa is safe.

    You’re still an Australian permanent resident.

    But let’s say the breakup happens while you’re on a temporary partner visa. This can affect your situation. If the 801 or 820 visa was granted before the breakup, there could be problems with staying in Australia.

    Cheating or getting divorced affects the process too. So it really matters to get advice fast if things go wrong in your relationship.

    It’s a tough spot to be in, but understanding these rules helps you make smart choices about what to do next.

    see more information in this article.

    In-depth Look at the Permanent Partner Visa (subclass 801)

    Exploring the eligibility requirements and key differences between subclass 820 and 801 visas provides valuable insights for those seeking to transition from temporary to permanent residency in Australia.

    For more detailed information about the Permanent Partner Visa, continue reading to gain a comprehensive understanding of this important immigration pathway.

    Eligibility requirements

    • You must be in a real relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. This could be as a married couple or in a de-facto relationship.
    • Your relationship is ongoing and has been for at least two years before you apply for the subclass 801 visa.
    • It’s important that both of you commit to a shared future.
    • Have evidence that you and your partner live together or if not, why you don’t.
    • Show that others know about your relationship. This could mean sharing names on bills or being known as a couple among friends.
    • Pass health checks to meet the health requirement. You’ll need medical exams to prove this.
    • You also have to show good character by getting police clearance certificates from every country where you’ve lived for more than 12 months over the last 10 years.
    • Meet any debts to the Australian government. If you owe money, arrange to pay it back.
    • Follow visa conditions from earlier visas. This shows you respect Australian laws.

    Difference between subclass 820 and 801

    The journey from holding a temporary partner visa to obtaining permanent residency in Australia is pivotal for many couples. Let’s delve into the details distinguishing the subclass 820 and the subclass 801 visas. Both play unique roles in this path to permanency.

    Criteria Subclass 820 (Temporary) Subclass 801 (Permanent)
    Objective To allow partners to live in Australia whilst awaiting permanent residency. To provide permanent residency to partners of Australian citizens, permanent residents, or eligible New Zealand citizens.
    Validity period Valid until a decision is made on the permanent Partner Visa (subclass 801). Indefinitely, with a five-year travel facility from the date of grant.
    Eligibility for Permanent Residency Not directly; it’s a step before permanent residency. Yes, grants permanent residency status.
    Application Stage First stage in the partner visa process. Second stage, applied for simultaneously but assessed later.
    Waiting Time Applicant must generally wait for 24 months before being eligible for subclass 801. Typically assessed after a two-year waiting period from initial application.
    Access to Medicare Full access to Medicare upon grant. Continued access to Medicare.

    Understanding these differences clarifies the evolution from a provisional arrangement to permanent status. Next, we’ll navigate the additional requirements and considerations essential for the subclass 801 application.

    Key Considerations for Subclass 801 Application

    – Continuation of the relationship requirements, health and character requirements, and financial obligations are all crucial factors to consider when applying for the subclass 801 visa.

    Learn more about these key considerations to ensure a smooth transition from temporary to permanent partner visa in Australia.

    Continuation of relationship requirements

    To continue from the temporary partner visa to the permanent partner visa, you need to maintain your committed relationship with your Australian partner. After being granted the temporary visa, wait for 2 years before applying for the permanent one.

    For the subclass 820 visa, ensure that you are married or in a de facto relationship with your Australian partner. Once this requirement is met, proceed with applying for the permanent partner visa.

    The Subclass 801 Partner visa extends your stay in Australia and allows up to nine months’ time to formalise your commitment with your partner. The three-year period for this application is evaluated from when you started a committed de facto or married relationship with your partner.

    Health and character requirements

    To transition from the temporary Partner visa subclass 820 to the Permanent Partner Visa 801, it is important for applicants to meet the health and character requirements set by the Australian government.

    This means that you need to show that you are in good health and have no criminal record or any past immigration issues. Additionally, meeting these requirements is also crucial for the Onshore Partner visa processing.

    So, make sure you have all necessary documents ready to demonstrate your compliance with these essential criteria.

    For the 801 visa, applicants must also be prepared to meet health and character requirements. The Australian government has specific guidelines in place concerning this – ensure that you understand and fulfill them before proceeding with your application.

    Financial obligations

    Your journey to permanent residency in Australia involves considering financial responsibilities when transitioning from the temporary Subclass 820 visa to the Permanent Partner Visa 801.

    Understanding and planning for potential costs associated with this transition is vital. Financial commitments may arise during the process, so seeking expert advice on these requirements and how they relate to obtaining the Permanent Partner Visa is highly recommended.

    Being aware of the financial implications, considering associated costs, and seeking professional consultation can significantly contribute to a successful application for the Permanent Partner Visa 801.

    Post Application Process

    After submitting your partner visa application, you will need to wait for the Department of Home Affairs to assess your case. This process can take several months, during which time you may be contacted for further information or clarification on your application.

    It’s important to stay informed about any updates or requests from the department and be prepared to provide any additional documentation if required.

    What happens after application submission?

    After submitting your visa application, the processing time will begin from the date you paid the visa application charge. Documents can be attached through ImmiAccount until the application has been finalised. Here’s what happens next:

    1. Your application will undergo initial assessment to ensure all required documents and information are provided.
    2. If additional documents or information are needed, you will be contacted by the Department of Home Affairs.
    3. Your application will then be assigned to a case officer for further assessment.
    4. The case officer may request an interview or further clarification regarding your relationship or other aspects of the application.
    5. If requested, attend any interviews and provide any necessary documentation promptly.
    6. Throughout this process, you can monitor the progress of your application through Visa Entitlement Verification Online (VEVO).
    7. Once a decision is made on your visa application, you will receive notification through ImmiAccount or by post.

    Expectations if the visa is granted

    Once the visa is granted, you can live and work in Australia with your partner. You’ll also have access to Medicare, Australia’s public healthcare system.. As a permanent resident, you can sponsor eligible family members for permanent residency and apply for Australian citizenship after meeting the residence requirements.

    If you meet all obligations and maintain genuine commitment to your relationship, you may be eligible to transition from the temporary partner visa (subclass 820) to the permanent partner visa (subclass 801) after two years.

    Actions to take if the visa is refused

    If your partner visa application is refused, you have options to consider. Here are the steps you can take:

    1. Seek Legal Advice: Consult with an immigration lawyer or registered migration agent to understand the reasons for refusal and explore the best course of action.
    2. Review Decision Notice: Obtain a copy of the decision notice and carefully review the grounds for refusal to identify any potential errors or misunderstandings.
    3. Lodge an Appeal: If there are legal grounds, consider appealing the decision to the Administrative Appeals Tribunal within the specified time frame.
    4. Gather Supporting Evidence: Prepare additional supporting documents or evidence that may address the concerns raised in the refusal decision.
    5. Address Any Inconsistencies: If there were inconsistencies in your initial application, take steps to rectify these and provide explanations if necessary.
    6. Reassess Eligibility: Reassess your eligibility for other visa options if appealing is not feasible, considering factors such as changes in circumstances or alternative pathways.
    7. Stay Compliant: Ensure compliance with any visa conditions during this process and seek advice on any impact on your current status in Australia.

    Path to Australian Citizenship through 801 Visa

    After holding the subclass 801 visa for at least four years, you may be eligible to apply for Australian citizenship. This visa is a crucial step towards citizenship in Australia, as it provides a pathway to becoming an Australian citizen.

    Once granted, the 801 visa opens up opportunities for you to integrate into Australian society and participate fully as a member of the community.

    To gain Australian citizenship through the 801 visa, you must meet specific residency requirements and demonstrate your commitment to Australia. Upon fulfilling these criteria and meeting other essential conditions, such as demonstrating good character and passing a citizenship test if applicable, you can take pride in becoming an official citizen of Australia.

    Consultation and Assistance

    Consulting with an immigration lawyer or a MARA registered agent can provide valuable guidance and support throughout the partner visa process. Their expertise can help you navigate the complexities of the application, ensuring that you are well-prepared for each stage.

    For more information on how these professionals can assist you, continue reading our blog!

    Benefits of consulting with a migration agent

    Consulting with an immigration lawyer provides expert guidance on navigating the path from temporary to permanent partner visa in Australia. Here are some key benefits:

    1. Expert Advice: An immigration lawyer can provide tailored advice based on your specific situation and help you understand the complex visa requirements.
    2. Application Assistance: They can assist in preparing and submitting a thorough partner visa application, ensuring all necessary documents are included and guidelines are followed.
    3. Legal Protection: A lawyer can protect your rights and interests, especially in cases involving separation or other complexities that may affect the visa process.
    4. Timely Updates: Immigration lawyers stay updated on changes in immigration laws and policies, keeping you informed about any relevant updates or modifications.
    5. Peace of Mind: With professional guidance, you can have confidence that your partner visa application is in capable hands, reducing stress and uncertainty throughout the process.

    Conclusion

    Navigating the path from a temporary to permanent partner visa in Australia can seem daunting, but with clear guidance and accurate information, you can successfully achieve your goal.

    Remember, meeting the eligibility requirements for both subclass 820 and subclass 801 is crucial for a smooth transition. Seeking professional advice from a migration lawyer or registered agent can greatly simplify the process and increase your chances of success.

    Stay informed about updates and processing times to ensure you’re on track throughout this important journey toward Australian residency.

    If you’re facing the challenges of a separation and wondering how it might affect your Partner Visa process, please read our detailed guide on the impact of separation on your partner visa application.

    CJMigration

    CJMigration is a well-respected Sydney migration agency with over 30 years of experience in the industry. We can help guide you through the process and achieve your immigration goals.

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