Who Can Help Me Move From a Fiancé Visa to a Partner Visa?
Key points
- The Subclass 820 and 801 application must be lodged in Australia while the Subclass 300 is still in effect.
- The Subclass 820 applicant must be in Australia at lodgement and at grant.
- The relationship is assessed again for the Subclass 820 and again for the permanent Subclass 801.
- The permanent Subclass 801 is generally assessed two years after the partner visa application was lodged.
What does a lawyer do when moving from a fiancé visa to a partner visa?
A lawyer moving a client from a fiancé visa to a partner visa sets the lodgement date against the Subclass 300 expiry, confirms the marriage meets Australian legal requirements, and prepares the Subclass 820 and 801 application with evidence of the couple's married life. The lawyer also checks that the information given in the earlier Subclass 300 application matches what is now said, because inconsistencies between the two applications are a common cause of requests. Our page on the Subclass 820 visa explains the onshore partner visa.
When must the partner visa be lodged after a fiancé visa?
The partner visa must be lodged after the wedding and before the fiancé visa ends. A couple who marry close to the expiry date have very little room for error, so the application, identity documents and relationship evidence should be prepared before the wedding and lodged as soon as the marriage has taken place. The state or territory registry can take time to issue the official marriage certificate, which is one more reason not to leave the wedding until the last weeks.
What evidence changes after the wedding?
The evidence changes after the wedding from proof of an engagement to proof of a married household. The application should now show shared living arrangements, joint finances, social recognition of the marriage and plans for the future together. Our articles on partner visa financial evidence and partner visa commitment evidence explain what case officers look for at this stage.
What problems arise when moving from a Subclass 300 to a Subclass 820?
The problems that arise when moving from a Subclass 300 to a Subclass 820 usually involve timing, documents and consistency. A wedding delayed beyond the visa period, a marriage that does not meet Australian legal requirements, or a relationship history that differs from the earlier application can each put the partner visa at risk. Our article on conflicting statements in partner visas explains how the Department treats differences between applications.
What happens at the permanent stage after a fiancé visa?
At the permanent stage after a fiancé visa, the Department assesses whether the couple are still in a genuine and continuing married relationship, generally two years after the partner visa application was lodged. The couple provide updated evidence, police certificates and any other documents requested. Our article on partner visa second-stage documents explains what is usually needed.
Why do couples engage My Migration Lawyers to move from a fiancé visa to a partner visa?
Couples engage My Migration Lawyers to move from a fiancé visa to a partner visa because the firm treats the wedding, the lodgement deadline and the evidence as one plan rather than three separate tasks. The firm reviews the earlier Subclass 300 file, prepares the partner visa so it can be lodged quickly, and remains the point of contact for the Department until the permanent visa is decided. The firm works on a fixed fee agreed before work starts. Couples can learn more about Weiwei Zhang or speak with our partner visa lawyers.
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