Can My Sponsor Live Overseas While My 820 Is Processed?

Does my sponsor have to live in Australia while my 820 is processed?

A sponsor does not have to live in Australia every day while a Subclass 820 is processed, but the relationship must continue and the time apart must be temporary. Work postings, caring for a sick relative overseas and study are common reasons for a sponsor to be away. The reason and the plan to reunite should be clear and documented. Our article on living apart for work explains how the Department views these arrangements.

How does the Department view a period of living apart during processing?

The Department views a period of living apart during processing as acceptable where the separation is temporary and the couple remain committed to each other, and as a problem where it looks like the relationship has ended. Case officers look at how the couple stay in contact, whether they visit each other and whether they still share finances and plans. Our article on intermittent cohabitation explains how periods apart are assessed.

What evidence should we keep while living in different countries?

While living in different countries, a couple should keep evidence of regular contact, visits, money sent between them, continuing joint accounts or bills, and any plans for the sponsor's return. Evidence that the sponsor is still connected to the shared home in Australia, such as a continuing lease or mortgage in both names, is especially useful. Our article on the partner visa long-distance relationship explains how time apart is evidenced.

Can I join my sponsor overseas while my 820 is processed?

An applicant can join a sponsor overseas while a Subclass 820 is processed only after obtaining a Bridging visa B, because a Bridging visa A does not allow re-entry to Australia. The applicant must also return in time to be in Australia when the Subclass 820 is granted. Our articles on the partner visa Bridging visa B and partner visa overseas travel explain the travel rules.

Do we need to tell the Department that my sponsor has moved overseas?

A couple should tell the Department when the sponsor moves overseas, because the Department must be told about changes in circumstances and changes of address that affect the application. A short explanation of why the sponsor is away and when they will return helps the case officer understand the situation. Where the sponsor is a permanent resident or eligible New Zealand citizen, a long absence can also raise separate questions about the sponsor's own status, which should be checked before the sponsor leaves.

How does My Migration Lawyers help when a sponsor moves overseas during processing?

My Migration Lawyers helps when a sponsor moves overseas during processing by reviewing the reason for the move and its expected length, advising on what to tell the Department and when, and setting out the evidence the couple should keep while apart. The firm also plans any travel by the applicant around the bridging visa rules so the grant is not put at risk. Couples can read our page on the Subclass 820 visa or speak with our partner visa lawyers.