Important Update: Permanent Partner Visa and Agent Representation

This update is essential for anyone holding or applying for a Partner (provisional) (subclass 309) or Partner (temporary) (subclass 820) visa, as it outlines the path to the Permanent Partner visa and highlights critical procedural reminders from the Department of Home Affairs. The subclass 309 is an offshore partner visa, requiring the applicant to be outside Australia at the time of application, while the subclass 820 is an onshore partner visa, allowing applicants to live, work, and study in Australia on a bridging visa while their application is processed. The partner visa Australia process involves both onshore and offshore applications, and understanding the requirements for an Australian partner visa application is crucial for a successful outcome.

We urge you to review these points carefully to ensure a smooth transition to your permanent residency. Consulting a registered migration agent or experienced partner visa lawyers can help ensure compliance with all requirements and maximise your chances of a successful application.

Permanent Partner Visa Eligibility (Subclasses 100 and 801)

The Department of Home Affairs allows applicants to be assessed for the Permanent Partner visa (subclass 801) once two years have passed since the original Partner visa application was lodged. To be eligible, the sponsor must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. Applicants must also continue to meet all Department of Home Affairs requirements, including providing evidence that the relationship is genuine and ongoing, and holding lawful visa status at the time of assessment.

For the Permanent Partner visa assessment to proceed quickly, you are required to submit additional information. Only those with a valid visa status at the time of application can proceed to the permanent visa stage. The pathway to a permanent visa is available to applicants sponsored by a citizen, Australian permanent resident, or eligible New Zealand citizen.

Critical Steps for Applicants

1. Submit Information on Time: It is crucial that all required information and supporting documents are provided directly into ImmiAccount exactly at the two-year mark. Required documents include items such as a birth certificate and evidence of joint ownership or joint responsibility.
2. Update Contact Details: Ensure your contact information is up to date in ImmiAccount.
3. Provide Current Evidence: All applications require evidence that the relationship remains genuine and ongoing. Supporting documents may include current evidence of the relationship, valid health checks, and valid police certificates. Evidence should cover financial aspects, joint responsibility, and future plans to demonstrate a committed relationship or de facto relationship. Applicants in a de facto relationship or as a de facto partner should provide documentation that reflects their relationship status and long-term intentions.
4. Expedite Processing: Applications for the Permanent Partner visa where all required information has been updated, including health exams and police checks, will be processed more quickly.

Common Additional Document Requirements

In addition to ongoing relationship evidence, some applications will have specific additional requirements. You may need to provide:

• New Health Clearances: If a dependent applicant has reached a new age milestone.
• Polio Vaccination Certificate: If the primary applicant has been travelling from, or spent time in, a country considered at risk.
• New Police Clearances: If the applicant has travelled outside of Australia for more than 3 months.
• AFP Police Clearance: Subclass 309 visa holders are required to provide an AFP police clearance if not previously submitted. This may also be requested for subclass 820 visa holders.
• Health Undertaking: If the primary applicant was pregnant and subject to a health undertaking.

Changes in Your Relationship

If your circumstances have changed, including if your relationship has ended, you must seek advice on the next steps. Specifically, if your relationship ends, but you have a dependent child with your partner, or if you have experienced family violence or domestic violence, you may still be eligible to continue your visa application. However it is important to remember that any changes in your relationship status can affect your visa conditions and immigration status, so it is important to seek advice on how to proceed with your visa applications.

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Ensuring Clear Agent Representation

A key procedural issue highlighted by the Department is the need for clear and complete designation of agent representation for both the provisional (309/820) and permanent (100/801) visa stages.

• Use Form 956/956A Correctly: When appointing an agent or authorised recipient using Form 956 or Form 956A, you or your lawyer must clearly specify both Partner visa subclasses (e.g., 820 and 801, or 309 and 100). Working with a legal team can help ensure all steps in the application process and visa process are completed accurately and efficiently.
• Risk of Incomplete Communication: If the form fails to indicate both subclasses, communication from the Department will be limited to the subclass identified.
• Separate Notifications: If your agent is not clearly authorised for both subclasses and a decision is made, the notification of the grant or refusal will be sent separately.
• Review Existing Applications: If your application has already been lodged, your representative must review the most recent Form 956 or 956A to confirm that each applicable subclass has been clearly stated and upload an updated Form 956 to ImmiAccount if necessary.

Your attention to this detail is crucial to ensure correspondence is issued to the correct person in a timely manner and to avoid unnecessary processing delays.

Department's Preferred Contact Channel

The Department's preferred contact channel is directly through ImmiAccount.

• Using ImmiAccount ensures relevant information reaches the right location and is considered in a timely manner.
• Emails sent to the Partner visa mailbox will not be acted on quickly and will only be responded to in limited circumstances.

Ensure Your Permanent Partner Visa is Decision-Ready

The transition from a provisional to a permanent Partner visa is a crucial step. Applicants may be granted a bridging visa while their partner visa processing is underway, allowing them to remain in Australia during the transition from a temporary partner visa to permanent residency. Missing the two-year mark for document submission or failing to provide current evidence of your relationship with your Australian partner can result in significant delays. Moreover, ensuring your legal representative is correctly appointed for both stages is essential for effective communication with the Department. A clear visa pathway, including temporary residency and eventual eligibility for Australian citizenship, depends on timely submission of documents and successful visa approval.

At Australian Migration Lawyers, we can review your file to ensure all your documents, including health checks and police clearances, are valid, your relationship evidence is comprehensive, and your agent representation is correctly lodged for both stages. Our team has extensive experience assisting applicants and their Australian partner through each stage of the temporary partner visa and permanent residency process. Contact us today to secure your path to permanent residency.

Would you like assistance in reviewing your current Partner visa file to prepare for the Permanent stage, or do you need help updating your Form 956 to include both visa subclasses?

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Book a Consultation‍

If you are interested in getting more information about a visa, get in touch with Australian Migration Lawyers for a consultation.

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Frequently Asked Questions (FAQ)

When is my Permanent Partner visa application assessed?

Your eligibility for the Permanent Partner visa (Subclass 100 or 801) assessment begins when two years have passed since you first lodged your Partner visa application (Subclass 309 or 820). For those who lodged an onshore partner visa application (Subclass 820), the two-year period begins from the date of application.

Where do I submit the new documents for the Permanent Partner visa?

You must submit all additional information and supporting documents directly into ImmiAccount.

Why do I need a new police clearance?

A new police clearance is required if you, as the applicant, have travelled outside of Australia for more than three months since the original police check was submitted. Additionally, Subclass 309 holders who have not previously provided an AFP police clearance must do so.

My lawyer's Form 956 only listed my temporary visa (e.g., Subclass 820). Is this a problem?

Yes. The Department requires that both the temporary (e.g., 820) and permanent (e.g., 801) visa subclasses be clearly specified on Form 956/956A. If only one is listed, your lawyer's communication with the Department may be restricted, and notifications of the final decision may be sent separately.