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What happens with an onshore Partner visa?

What are the different stages of the onshore Partner visa? What is the period of time required for each stage?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 24-11-2015
1 Lawyer Answered
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  1. Immigration & Migration
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Kert Stavorn, Belmore 2192 NSW

  • Applicants would normally apply for the Partner visa (Temporary) [subclass 820] first if you apply while you are in Australia.
  • After the application of the Partner visa (subclass 820) there will usually be a 2-year waiting period before you can apply for a permanent Partner visa (subclass 801).
  • At the end of this 2-year period you and your sponsor must provide proof that you are both still in an ongoing relationship before the permanent Partner visa is issued.
  • However under some special circumstances even if you and your sponsor are no longer in a relationship a permanent Partner visa may still be granted. This would be granted in the following cases:
    • where you have dependent children with the sponsor;
    • you are a victim of domestic violence; or
    • if your sponsor has died.
  • Also for some applicants you can obtain a permanent visa immediately if the relationship with your partner has been ongoing for at least 3 years prior to application or 2 years if you have children together. 

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