Is a Partner Visa Permanent Residency?

What does the temporary partner visa allow before permanent residency?

The temporary partner visa allows the holder to live in Australia while the permanent stage is processed. A Subclass 820 holder remains in Australia until the Subclass 801 is decided, and a Subclass 309 holder can travel to, enter and remain in Australia until the Subclass 100 is decided. Holders can generally work and study during this period, and the conditions that apply are set out in our article on partner visa conditions. Our guide to the temporary partner visa covers the first stage in detail.

What does permanent residency through a partner visa give?

Permanent residency through a Subclass 801 or Subclass 100 lets the holder live, work and study in Australia indefinitely and access Medicare. The permanent visa also carries a travel facility for five years from grant, which allows the holder to leave and re-enter Australia during that time. Our guide to the permanent partner visa explains the rights and obligations that come with the second stage.

Can permanent residency be granted without the two-year wait?

Permanent residency can be granted without the two-year wait where the partner relationship is long-term, as the regulations define it, when the application is lodged. It can also be granted earlier in limited circumstances where the sponsor has died. Whether a relationship meets the long-term test depends on its length and circumstances at lodgement, which our article on the partner visa long-term relationship provision explains.

What happens to permanent residency if the relationship ends?

If the relationship ends before the permanent visa is granted, the applicant generally does not qualify for permanent residency through the partner pathway. The regulations allow exceptions where the sponsor has died, where there has been family violence by the sponsor, or where there is a child of the relationship. Each exception has strict evidence requirements, and the Department must be told when a relationship ends. Once the permanent visa is granted, a later separation does not by itself cancel it, although the visa can still be cancelled on other grounds, such as incorrect information or character.

Is a partner visa a pathway to Australian citizenship?

A partner visa is a pathway to Australian citizenship, because permanent residency is the first step towards applying for citizenship. Time spent in Australia on the temporary partner visa can count towards the citizenship residence requirement, provided the applicant later holds permanent residency for the period the law requires. Our article on the partner visa citizenship pathway sets out how the residence periods are calculated.

How can My Migration Lawyers help you reach permanent residency?

My Migration Lawyers plans every partner visa with the permanent stage in mind, so the evidence lodged at the first stage already supports the Subclass 801 or Subclass 100 decision two years later. Where something has changed, such as a separation, a new child or a period apart, the firm assesses the effect on permanent residency before the Department asks. Couples applying in Australia can read about our work on the Subclass 820 visa.