My Partner Visa Has Been Processing for Over Two Years. Who Can Help?

What changes once a partner visa has been processing for two years?

Once a partner visa has been processing for two years from lodgement, the permanent stage generally becomes assessable as well as the temporary stage. For an undecided Subclass 820 or Subclass 309, this means the Department may decide both stages at once if the evidence shows the relationship is still genuine and continuing. That can work in the applicant's favour, but only if the file contains up-to-date evidence. Our article on the partner visa double grant explains how both stages can be granted together.

Why would a partner visa still be undecided after two years?

A partner visa may still be undecided after two years because the Department is waiting on outstanding health or police checks, is verifying documents, has unresolved concerns about the relationship or the applicant's history, or has simply not yet allocated the case. Sometimes a request was sent but never reached the applicant, often because contact details changed. Our article on partner visa processing delays explains these causes in detail.

What should the evidence look like after two years of waiting?

The evidence after two years of waiting should show that the relationship has continued throughout the processing period, not only that it existed at lodgement. Couples should add recent evidence across the four aspects the Department assesses, including shared finances, the household, social recognition and their commitment to each other. Our article on partner visa second stage documents lists what is usually needed, and our article on Form 888 statements for a partner visa explains supporting statements.

How can I find out what the Department has on my file?

An applicant can find out what the Department has on file by checking ImmiAccount and, for a complete picture, requesting the file under the Freedom of Information Act 1982. The file often shows whether checks are outstanding and whether a request was sent. Our article on the partner visa FOI request explains how to ask for it.

Has anything changed in our circumstances that the Department must know about?

Changes in circumstances over two years often include a new address, a new child, a change of job or a change in the relationship, and the applicant must tell the Department about relevant changes. Failing to update the Department can create integrity concerns when the case is finally decided. Our article on partner visa change of circumstances explains what must be reported and how.

How does My Migration Lawyers help when a partner visa has been waiting more than two years?

My Migration Lawyers starts a long-pending matter by obtaining the Department's record, then compares it with what the couple believe was lodged and what has changed since. The firm prepares an updated evidence package for both stages, notifies any changes the Department should know about and, where the delay is causing real hardship, sets out the compelling circumstances in a written request with supporting evidence. Couples can ask our partner visa lawyers to review a long-pending application, including one lodged by another representative.