RPM Immigration Lawyers

The Sequence of Events:

When the partner visa applicant lodges their online (onshore) partner visa application, they are actually applying for three different visas at thre same time, in the one application.

The one application applies for:

• A Bridging Visa A (BVA)

• A Subclass 820 (temporary) partner visa

• A Subclass 801 (permanent) partner visa.

(These three visa applications are automatically combined)

After the partner visa applications have been lodged, the partner visa sponsor then lodges their:

• Partner visa sponsorship application.

The partner visa sponsorship application can only be lodged after, and not before, the partner visa applicant lodges their applications.

Immigration’s processing of these lodged applications then proceeds like this:

• The BVA application is processed and decided first.

• The Visa sponsorship application is processed and decided second.

• The subclass 820 (temporary) partner visa application is then processed and decided.

Two years after the date that the partner visa applicant applies for the partner visas (and presuming that their temporary partner visa has been granted within that two year period), Immigration will contact the applicant and request that they lodge new forms, Statutory Declarations, witness statements, relationship evidence, etc. so that immigration can process their subclass 801 permanent partner visa application.

Basically, this is immigration’s detailed check that the relationship is still genuine and continuing before the permanent partner visa is processed and – all going well – granted.

Feel free to contact me if you would like to book a consultation for more information about anything mentioned here.

Regards.

Ross McDougall.

Immigration Lawyer & Solicitor.

www.rpmlawyers.com.au

contactus@rpmlawyers.com.au

This information is correct on October 4th, 2024.  But keep in mind that immigration law changes from time to time.

Partner Visa Processing Times Extending

Recently, we’ve noticed a distinct slow down in partner visa processing.

This slowdown of partner visa processing appears to apply to partner visa appications lodged onshore (Subclass 820) and those lodged offshore (subclass 309).  The permanent stage partner visa processing (subclasses 801 and 100) has also slowed down.

Overall, partner visa processing definitely appears to be taking longer than it was a year ago.

Why?

This apparent slowdown in the processing of partner visa applications appears to have commenced soon after the Federal Government changed in May 2022.

We imagine that this is because the new government is giving higher priority to processing visa applications that potentially address the workplace ‘skills shortage’ in Australia.

So, some employer-nominated and ‘skilled’ visa applications appear to be being processed quickly.

Possibly, the immigration department has re-assigned some of its staff from the partner visa processing section to the skilled visa processing section.

What can be done?

For those applying onshore for subclass 820 partner vias, the slowdown in processing is frustrating.  However, they would normally hold a Bridging Visa A (with full work rights) and have access to medicare.  Importantly, they are together in Australia with their partner during the processing period.

For subclass 309 parter visa applicants offshore, the situation is often more challenging as many of them are separated from their partners during the visa processing period.  That’s difficult, and extended processing times are very unfair to them.

One thing that partner visa applicants can do to speed up processing after it commences is to lodge a partner visa application that is ‘decision-ready’.  That means an application that can in theory be dcided upon on the first day that the Case Officer starts processing it – nothing is missing.

When will processing speed up again?

It’s difficult to say. The current apparent policy to prioritise processing of skilled and work visas could change at any time – next week or next year.  Let’s hope it’s sooner rather than later.

Partner visa applications are still currently beng processed – just more slowly.

Further Information

Feel free to contact me if you would like to book a consultation for more information about anything mentioned here.

Regards.

Ross McDougall.

Immigration Lawyer & Solicitor.

www.rpmlawyers.com.au

Tel: 08 8528 9187

This information is correct at February 23rd, 2023.  But, keep in mind that immigration law changes from time to time.

 
Holders of a subclass 309 (temporary partner visa) are allowed to leave Australia, and to return to Australia, whilst it is current.  The subclass 309 visa remains current until the visa holder receives a decision on their subclass 100 (permanent partner visa) application.

Two years after the person has applied for the subclass 309 and subclass 100 visas (they are applied for together), they are eligible to be processed for the subclass 100 visa (after lodging some additional forms and updated evidence of their ongoing and genuine relationship).

The processing of the subclass 100 visa takes some time.  Some subclass 309 visa holders may want to travel overseas during that subclass 100 processing period.  However, my recommendation is that, if possible, avoid leaving Australia whilst your subclass 100 visa application is being processed.

Notwithstanding that subclass 309 visa holders can leave Australia and return to Australia whilst their subclass 309 visa is current, I recommend that they do not leave Australia whist their subclass 100 visa application is being processed.

The reasons for my recommendation are slightly complex:

⦁ Firstly, whilst most subclass 100 permanent partner visa applications are approved, not all are.

⦁ If a person’s subclass 100 application was refused whilst they were overseas, their subclass 309 visa would cease at the date of the refusal.

• Importantly, if a person is outside Australia when their subclass 100 visa is refused – it is not possible to appeal that refusal decision.
• However, if a person is in Australia when their subclass 100 visa is refused – it is possible to appeal that refusal decision.

So, even though a person may consider that it is extremely unlikely that their subclass 100 visa application will be refused, they may want to avoid leaving Australia whilst their subclass 100 visa application is being processed.

Feel free to contact me if you would like to book a consultation for more information about anything mentioned here.

Regards.

Ross McDougall.

Immigration Lawyer & Solicitor.

www.rpmlawyers.com.au

Tel: 08 8528 9187

This information is correct at December 22nd, 2022.  But, keep in mind that immigration law changes from time to time.

Holders of a subclass 820 (temporary partner visa) are allowed to leave Australia, and to return to Australia, whilst it is current.  The subclass 820 visa remains current until the visa holder receives a decision on their subclass 801 (permanent partner visa) application.

Two years after the person has applied for the subclass 820 and subclass 801 visas (they are applied for together), they are eligible to be processed for the subclass 801 visa (after lodging some additional forms and updated evidence of their ongoing and genuine relationship).

The processing of the subclass 801 visa takes some time.  Some subclass 820 visa holders will want to travel overseas during that subclass 801 processing period.

In that situation, and notwithstanding that subclass 820 visa holders can leave Australia and return to Australia whilst their subclass 820 visa is current, I recommend that they consider applying for a Bridging Visa B (BVB) before they depart Australia.

The reasons for my recommendation are slightly complex:

⦁ Firstly, whilst most subclass 801 permanent partner visa applications are approved, not all are.

⦁ If a person’s subclass 801 application was refused whilst they were overseas, their subclass 820 visa would cease at the date of the refusal.

⦁ They would then need to apply for another visa (most likely a visitor visa) to return to Australia to be able to lodge an appeal of the subclass 801 refusal – within the time-limit allowed to lodge the appeal.  The appeal application can’t be lodged whilst the person is outside Australia.

⦁ The person would need to apply for and obtain a visitor visa very quickly, so as to be able to get back to Australia in time to lodge the appeal. Unfortunately, obtaining a visitor visa is not always easy, quick, or straight-forward.

⦁ Subclass 820 visa holders hold an (inactive) Bridging Visa A (BVA) – that is associated with their subclass 801 visa application.

⦁ BVA holders are eligible to apply for a BVB.  A BVB holder can return to Australia on that BVB during the validity of the ‘re-entry period’ that is specified on the BVB – so they wouldn’t normally need to apply for a visitor visa to re-enter Australia if their subclass 820 visa ceases (due to a subclass 801 visa application refusal) whilst they were overseas.

So, even though a person may consider that it is extremely unlikely that their subclass 801 visa application will be refused, they may want to apply for a BVB before travelling overseas anyway – for added security when they are overseas.

The government’s visa application charge for a BVB is (currently) $165.  Whilst there is no guarantee that a BVB will be granted, it should be.

Subclass 820 visa holders who are having their subclass 801 visa application processed – and are travelling overseas – don’t have to apply for a BVB before they travel – but they may want to.

Feel free to contact me if you would like to book a consultation for more information about anything mentioned here.

Regards.

Ross McDougall.

Immigration Lawyer & Solicitor.

www.rpmlawyers.com.au

Tel: 08 8528 9187

This information is correct at November 22nd, 2022.  But, keep in mind that immigration law changes from time to time.