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An Australian citizen, permanent resident, or qualifying New Zealand citizen can have their spouse or partner stay in Australia.

They can do this with a Partner Visa (Subclass 820). Obtaining permanent residency through the Partner Visa (Subclass 801) begins with this visa. 

Candidates with the Subclass 820 visa can live, work, and study in Australia. They can also utilize Australia's public health system, Medicare.

Eligibility Criteria For Partner Visa

To be eligible for the Subclass 820/801 visa, applicants must meet the following requirements:

  • Relationship Status: You must be married to an Australian citizen, permanent resident, or eligible New Zealand citizen. You can also be in a real, ongoing de facto relationship with them.
  • Age Requirement: Both you and your sponsor must be at least 18 years old.
  • Health and Character: You must meet health and character requirements, which include undergoing medical examinations and providing police certificates.
  • Sponsor's Eligibility: Your sponsor must be an Australian citizen, a permanent resident, or an eligible New Zealand citizen. They must not be banned from sponsoring you.

Application Process

  1. Gather Documents: Collect important papers. This includes proof of identity and evidence of your relationship. Examples are joint financial records, shared responsibilities, and social proof. Also, gather health and character documents.
  2. Lodge the Application: Submit your application online through the ImmiAccount portal, ensuring all required documents are attached.
  3. Receive Bridging Visa: You will be given a Bridging Visa A if you apply while in Australia, which will let you remain there while your application is being processed.
  4. Wait for Processing: The Department of Home Affairs will assess your application, which may take several months. You might be invited to attend an interview or provide more information during this period.
  5. Apply for Subclass 801: If your relationship is still strong, you can apply for the permanent Partner Visa (Subclass 801). You can do this about two years after you submit your Subclass 820 application.

Common Challenges

  • Insufficient Evidence: Providing inadequate proof of a genuine and ongoing relationship can lead to delays or refusals.
  • Health and Character Issues: Failure to meet health and character requirements can result in visa refusal.
  • Processing Delays: High application volumes can lead to extended processing times.

How Emigrate Lawyers Can Help

Navigating the Partner Visa application procedure might be challenging. Our migration experts at Emigrate Lawyers specialize in preparing strong applications to maximize approval chances.

We assist with gathering and presenting the necessary documentation, ensuring compliance with all requirements, and providing guidance throughout the application process. 

Contact us today for a consultation to help you take the next step toward permanent residency in Australia.

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