You may still be eligible for a permanent partner visa (Subclass 801/ Subclass 100) if you have a temporary partner visa (Subclass 820 / Subclass 309).
Eligibility for a Visa for a Permanent Partner
If you meet the following criteria, you may be eligible for a permanent visa:
- Your relationship has come to an end as a result of your partner’s death.
- Your relationship ended, and there was domestic violence.
- Your relationship has resulted in the birth of a kid for you and your spouse.
Partner’s death
To be considered for a permanent visa, you must demonstrate that you would still meet the conditions for a permanent partner visa if the sponsor died. You must also establish that you have built close business, cultural, and personal links in Australia if you are a Subclass 820 holder.
Family violence is a serious problem.
If the relationship ends and the sponsor commits family violence, the applicant can apply for a permanent visa under the family violence provisions of the migration legislation. You are not need to demonstrate that the relationship ended due to family violence.
Family violence is defined as behaviour that causes the alleged victim to legitimately fear for, or be properly concerned about, his or her own wellness or safety, whether actual or threatened. The main applicant, as well as the applicant’s and/or sponsor’s dependent children, can be victims of domestic violence. You must establish that the familial violence occurred after you entered Australia if you are a subclass 309 holder.
Relationship of child/children
If you and your husband have a child or children from the relationship, you may also be eligible for a permanent partner visa. You must have joint custody or joint access to the child / children for this to apply.
Notifying the Department of Home Affairs
If your partnership has ended, you owe it to the Department of Home Affairs to notify them of the change in circumstances. It is a prerequisite for obtaining a partner visa.
Evaluation of a Partner Visa
Because of the COVID-19 scenario, I’m in Australia, and you wish to stay in Australia as well.
On a Prospective Marriage visa, you can stay in Australia for up to two years (subclass 300).
You must apply for a new visa before your existing visa expires if you intend to stay longer.
You might be eligible for a bridging visa. You will be able to stay until:
- you’ve received a new visa, or
- I’ve made preparations to depart.
Book a consultation to discuss your alternatives if your visa has expired or is about to expire.
Departing from Australia
If you leave Australia and your visa expires while you are away, you must apply for and receive a new visa before returning to Australia.
Current travel limitations must be followed by all visa holders.
I’m currently in another country and would like to visit Australia during COVID-19.
The Prospective Marriage visa (subclass 300) is only valid for a short period of time. Travel to Australia is presently prohibited for temporary visa holders. This implies that you must abide by the current travel restrictions.
View the most recent travel restrictions.
You will need to apply for a new visa if your visa expires before you can travel to Australia.
The validity of a subclass 300 visa cannot be extended.
Exemption from travel restrictions
You can request for an exemption if you believe you have a compassionate or compelling cause to visit Australia.
Do not travel to Australia until your exemption has been confirmed.
You will not be able to travel to Australia if you do not receive an exemption.
All travelers who want to apply for an exception must do so online.
