Mistakes to Avoid When Transition from Visitor (SC600) visa to Onshore Partner Visa (SC820/801)
Many who wish to bring their overseas partner/spouse and continue to build their life together in Australia may find the process of applying for permanent residency (PR) through a partner visa confusing. If your partner/spouse is planning to visit or is in Australia on a Visitor Visa (Subclass 600), there are several factors and potential issues to be aware of before applying for an Onshore Partner Visa (Subclass 820/801).
A Visitor visa (subclass 600) is primarily intended for tourism, visiting family or short-term business purposes. This visa does not generally allow for long-term residency intentions. SC600 visa applicants are also required to meet the Genuine Temporary Entrant (GTE) criteria to obtain the visa. On the other hand, an Onshore Partner Visa (Subclass 820/801) allows those in a genuine and ongoing relationship with an Australian citizen, PR or eligible New Zealand citizen to live permanently in Australia.
What are the Potential Challenges for Visitor Visa (SC600) to Partner Visa (SC820/801)?
The main issue may be the No Further Stay Condition (Condition 8503) attached to the Visitor Visa (SC600). With some exceptions, this condition prevents you from applying for another visa while in Australia. So, if your SC600 has Condition 8503, you must speak with an Accredited Specialist in Immigration Law and seek a Condition 8503 waiver to the Department of Home Affairs (DoHA) before applying for a SC820/801.
Suppose your relationship with your partner/spouse has not met the 12-month criteria. When applying for an SC820/801, you will need to provide evidence of a genuine and ongoing relationship with your partner. Evidence may include a relationship registration with the state, a marriage certificate, joint financial commitments and more. However, if you believe you cannot meet this criterion, seeking professional advice may be beneficial to strengthen your case.
Providing misleading, false or incorrect information on your visa application may affect your future SC820/801 visa application. For example, if you did not correctly declare your relationship status on your SC600 visa, you applied for an SC820/801 in Australia with your partner/spouse. Your Partner Visa may be refused due to Public Interest Criteria (PIC) 4020.
Generally, the visitor visa has a limited 3-month stay period for the visa holder in Australia. To avoid becoming unlawful, ensure to apply for the SC820/801 before the SC600 expires. If the applicant does not hold a substantive visa, they may also have to address Schedule 3 criteria. Upon a valid application, the applicant will be granted a Bridging Visa A (BVA) (Subclass 010) to continue to stay in Australia while the Partner visa is being assessed.
Check if the sponsor meets the sponsorship requirement. Some circumstances may lead to a sponsorship limitation and affect your Partner visa application. This includes if the sponsor has sponsored a Partner visa before for a previous relationship or substantial criminal charges, etc.
The applicant must also meet the health and character requirements, typically including a health check and a police check from Australia and overseas. If the applicant and the sponsor do not meet either of the requirements, your partner visa may be at risk of a refusal.
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Applying for a Partner Visa (Subclass 820/801) from a SC600 visa holder comes with its challenges; avoid these common mistakes to avoid any unfavourable outcomes. At AHC Lawyers, our experienced lawyers specialise in assisting with complex cases and strategising to ensure the best results. We highly suggest you speak with one of our Accredited Specialists in Immigration Law for professional advice on complex visa matters. You can schedule an appointment to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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