If you hold a Partner (Provisional) visa (subclass 309) or a Partner (Temporary) visa (subclass 820), and it has been two years since you first lodged your visa application, you may now be eligible to move to the permanent stage of your Partner visa.
This is an important milestone that can provide long-term certainty for you and your partner as you continue building your life together in Australia.
Understanding the Permanent Stage
The Partner visa is generally granted in two stages:
- Temporary/Provisional visa (Subclass 309 for offshore applicants, Subclass 820 for onshore applicants).
- Permanent visa (Subclass 100 for offshore, Subclass 801 for onshore).
The Department of Home Affairs assesses whether your relationship remains genuine and ongoing before granting the permanent stage.
Who Can Apply Now?
You may now be eligible to provide updated information and documents for the permanent stage if:
- It has been two years since you first applied for your Partner visa.
- You currently hold a subclass 309 or subclass 820 visa.
- Your relationship with your sponsoring partner is still genuine and continuing.
It is your responsibility to submit the necessary information as the department will not automatically invite you.
Permanent Visa Pathways
Subclass 100 – Partner (Migrant) Visa (Offshore Pathway)
If you first applied outside Australia and were granted the subclass 309 visa, you may now be eligible for the subclass 100 Partner (Migrant) visa.
Key Points:
- You must still be in a genuine relationship with your Australian citizen, permanent resident, or eligible New Zealand citizen partner.
- Your sponsor must continue to support your application.
- You must meet health and character requirements.
- Once granted, you gain permanent residency, which allows you to:
- Live in Australia permanently, with no time limits.
- Work and study without restrictions.
- Access Medicare, Australia’s public healthcare system.
- Sponsor certain family members to join you in Australia.
- Travel freely in and out of Australia for up to 5 years (after that, you’ll need a Resident Return visa if you haven’t become a citizen).
- Improve your English through free classes under the Adult Migrant English Program (if you’re eligible).
- Apply for Australian citizenship once you meet the eligibility criteria.
Subclass 801 – Partner (Permanent) Visa (Onshore Pathway)
If you first applied in Australia and were granted the subclass 820 visa, you may now be eligible for the subclass 801 Partner (Permanent) visa.
Key Points:
- You must continue to hold a valid subclass 820 visa.
- Your relationship with your sponsoring partner must remain genuine and continuing.
- You will need to provide updated evidence of:
- Financial commitment (e.g., joint bank accounts, shared bills).
- Household arrangements (e.g., joint lease or mortgage, utility accounts).
- Social recognition (e.g., photos, invitations, travel records).
- Future plans together (e.g., wills, insurance, superannuation nominations).
- You and your sponsor must also continue to meet health and character requirements.
Once granted, the subclass 801 visa provides the same benefits as the subclass 100 visa, including full permanent residency rights.
How SALIA Lawyers & Associates Can Help
At SALIA Lawyers & Associates, we understand the significance of this milestone. Many applicants face delays due to missing or inconsistent evidence. Our role is to:
- Confirm your eligibility for the permanent stage.
- Guide you in preparing strong relationship evidence.
- Ensure your application is accurate and complete to avoid delays.
If you hold a partner visa and it has been two years since your application, now is the time to act. Contact SALIA Lawyers & Associates today at hello@salia.com.au to make your transition to permanent residency as smooth and stress-free as possible.
Disclaimer: Please note that the information provided is intended as a general guide and should not be relied upon as legal or migration advice. As migration laws and regulations can change, we recommend consulting an Australian Lawyer or Registered Migration Agent for advice tailored to your circumstances.
