Visa đối tác 820/801

If you're holding a permanent partner visa (Subclass 801/100), your right to stay in Australia is not dependent on your relationship status. Even if your relationship ends, you can continue living in Australia without the need to notify the Department of Home Affairs.

For those on a temporary partner visa (Subclass 820/309), the situation is different. If your relationship ends, there's a chance your visa could be revoked. In such cases, you must promptly inform the Department of Home Affairs about the change in your relationship status. To notify the Department, you can complete the Notification of Relationship Cessation form in your ImmiAccount's 'Update Details' tab or submit a Change of Circumstances form (Form 1022) via email.

Immediate notification is crucial. Failure to inform the Department about the change could lead to visa cancellation without the opportunity to explain your circumstances. Once you've notified the Department, they'll review your situation and determine whether you're eligible for a permanent visa. If your explanation aligns with their criteria, you may still be eligible. However, if it falls short, they may proceed with visa cancellation.

Các lựa chọn để ở lại Úc

After notifying, you might still be able to stay in Australia based on specific circumstances:

• Domestic and Family Violence: If you're a victim of domestic violence, you can provide evidence to the Department. This could lead to the grant of a permanent visa, depending on your circumstances.
• Parental Responsibility: If you have a child with your sponsor, you may still be eligible for permanent residence in Australia. Evidence of parental responsibility and the child's birth certificate are required.
• Death of Partner: In the unfortunate event of your partner's death, you may still be eligible for permanent residence. You'll need to demonstrate that your relationship would have continued if they were alive and provide evidence of their death.

Có thể hủy visa

If your relationship is no longer considered genuine and continuing, your visa may be cancelled. While certain circumstances may permit you to continue on the path to permanent residence, this doesn't apply to everyone. If your circumstances don't meet the criteria for an exemption, you may need to apply for a new visa or plan to leave Australia.

If you believe your visa decision was incorrect, you can seek review through Australia's administrative review tribunal or the Federal Court. It's advisable to engage an Australian Migration Agent to guide you through this process.

Xin thị thực khác

If your partner visa is cancelled and you're not eligible for a permanent partner visa, you can consider applying for a different visa. Options include student visas, skilled migrant visas, working holiday visas, or protection visas. Upon application, you'll be granted a bridging visa, which will allow you to remain in Australia until your case is considered.

It is difficult to accurately calculate the likelihood of your application being accepted at the outset. Many factors together determine your likelihood of success. Our Australian Migration Lawyers offer free consultations for partner visa applications, where our experienced team will assess your situation and then give you a more accurate indication of your chances of success.

The subclass 820 partner visa is a temporary visa that allows you to live and work in Australia until your subclass 801 partner visa has been decided. Until then, you can legally remain in Australia as long as you continue to meet all visa conditions.

Bạn sẽ được cấp một thị thực tạm thời được gọi là Bridging Visa A, mà bạn sẽ giữ cho đến khi subclass 820 của bạn được cấp. Bạn có thể làm việc, học tập và tiếp cận Medicare trên Bridging Visa A. Bạn cũng đủ điều kiện để nộp đơn xin Visa Bridging B, cho phép bạn đi du lịch trong và ngoài nước Úc trong khi thị thực Đối tác 820 của bạn đang được xử lý.

A range of factors influence the speed at which the Department will process your application. These factors include some things you can change and, unfortunately, some that you can't.

In terms of things you can change, there are many ways to ensure your application is well-placed and processed quickly by the Department. Ensuring that you attach all relevant information, accompanied by credible and reliable evidence, will reduce the number of requests that the Department will have to make for further information. If they request additional information, responding in a timely manner with sufficient, but not excessive, information will help prevent delays.

Our team of Australian Migration Lawyers prepares applications that are 'decision-ready.' This means that all of the necessary documents are attached, and, in theory, a department officer could make a decision on the first day.

Bạn có thể ở lại Úc cho đến khi đơn xin thị thực Đối tác vĩnh viễn (subclass 801) của bạn được hoàn tất hoặc bạn rút đơn.

The government can take five (5) months to ninety-six (96) months to process your partner visa application. This depends on how complicated your application is, how happy the Department is with the proof you provide, and how many applications they have to handle.

When you choose Australian Migration Agents to help with your application, we'll ensure it's submitted properly to avoid any unnecessary delays. The Department of Home Affairs website has a guide to processing times for different visa types.