Partner Visa 820/801 Application Questions!

[BradBram]

Hey guys,

 

Just looking for some guidance! I'm currently in Australia on a working holiday visa, i've been with my partner who is a PR (through his family) for 3 years now, we've previously lived together in the UK and moved to Melbourne around 6 months ago and so we are looking to apply for a partner visa,

 

We'll be applying as a "de facto" couple, as far as i understand once we've submitted the application and my working holiday visa ends, i'll automatically go onto a bridging visa, is that correct?

 

Once i'm on the bridging visa, am i able to work without any restrictions, or will the working holiday "6 month rule" still apply?

 

Also, it seems you apply for the 820 first, which is the temporary partner visa, however as it will be almost 4 years we've been together by the time a decision is made, it there anyway it can go straight to permanent (801), or does it always go to temporary first regardless of the time we've been together?

 

Also, would you guys recommend going through an agent or would you just do it yourself? Obviously you can lodge the application online but a lot of people seem to prefer posting a hard copy, is there a reason for this?

 

Sorry for all the questions!

 

Thanks for your help,

[Guest]

You lodge and yes, when your WHV expires you go into a bridging visa. This will have full work rights.

 

You you lodge and apply for the 820 and its dependant on if you qualify time wise that you'll go straight to PR or remain on the temp part for a couple of years. If when you lodge you can document 4 years de facto fully and provide evidence to support this, then all being well PR will happen. But you don't get to choose or request this.

 

I'd not use an agent for a partner visa personally. But some do. It's pretty straightforward and so long as you have no medical issues or police record should be simple enough to provide the evidence etc and lodge yourself. Just ensure you were actually de facto for the time you are claiming (dating does not count) and have proper evidence, ie wills, life insurance naming each other, named on rental leases, shared finances of some kind, paying bills, taking holidays etc.

 

Check the partner visa thread for more. Feel free to ask questions if you've any.

 

Also, do you live in a state where you can register the relationship? If you do, this is always a worthwhile thing to do.

[BradBram]

Thanks for the reply! Okay great, thats cleared a few things up for me.. I think we'll most likely just apply ourselves and avoid an agent, I didn't notice the partner visa thread i'll check that now,

 

Yeah they recognise de facto relationships in Victoria, i was just a bit sceptical about registering now though, because i feel like they'd look at the date we "officially" registered as de facto and go off that.. Do you not think that would be the case though? I've got plenty of receipts/evidence of holidays we've been on together years ago and tenancy agreements so I should be able to put forward quite a strong case..

 

Also, when i'm on the bridging visa, whats the situation with leaving the country and returning? Are you allowed to leave and return?

[Guest]

Proof of holidays and tenancy agreements is not enough IMHO. You need other things to support the application. For example, a tenancy agreement naming you both is great but then I would also be submitting bills to one or both of you showing you at that same address and sharing the bills or some such. Say if you paid the phone bill, your partner paid the electric and gas, you both paid the council tax and were therefore both named on that bill. You need to document the 12 months prior to lodging fully, so have a bill or bank statement for each month naming you both or one and then the other at the same address. Don't assume a tenancy agreement and holiday receipts are enough. If you are living together now, then bank statements, bills, money transfers between you, all those things are good to include.

 

As I said, for a 4 year de facto you need to be able to document the 4 years properly and while a tenancy is great it needs more than this. Were you named on each other's car insurance over the years, did you open up a joint bank account or do you transfer money between your individual accounts? You need to show you share a life together and relying on tenancy agreements and holiday receipts won't cut it. Wills, life insurance, either of these?

 

We had been married a number of years and I submitted a bill/bank statement for each of the 12 moths prior to lodging that showed us at the same address. Plus our life insurance policy and random bills and bank statements from each year we had stated we were de facto and married for, so all up about 8 years.

 

Registering your relationship is perfectly acceptable. They don't just go off the date you register your relationship. You should still provide all the other evidence from over the years too. The registering is just one more step and another way of making it official and recognised. Look in to it some more.

 

You will be in a bridging visa and iirc will need to apply for a different bridging visa should you want to leave and return to Australia.