Do I Need a Lawyer for PR Stage Partner Visa (Subclass 801/100)?
Securing your permanent residency (PR) in Australia through a Partner Visa (Subclass 801 or 100) can be a straightforward journey. While you might be tempted to navigate this stage independently, it is wise to consider engaging a lawyer, especially if your circumstances have changed since the temporary visa (Subclass 820/309) was granted.
What is the Permanent Partner Visa (Subclass 801/100) Stage?
The Subclass 801 (onshore) and Subclass 100 (offshore) visas are permanent residency stages of the Partner Visa journey. Eligibility is typically assessed two years after lodging your initial application (Subclass 820/309). At this stage, the Department of Home Affairs (DoHA) wants to confirm that your relationship is still genuine and ongoing.
Is a Lawyer Necessary for a Partner visa?
While engaging a lawyer is not mandatory, a lawyer can be invaluable, particularly if complications arise:
You will need to demonstrate a genuine and ongoing relationship by providing supporting evidence of your ongoing commitment and genuine intention to remain together following the four (4) pillars framework.
This supporting evidence is to support the genuine and ongoing relationship since receiving the temporary visa. This could include, and not limited to:
Updated joint bank statements
Any new milestones in the relationship (i.e. engagement or marriage)
Recent photos with family and friends
If there are circumstances that can affect your PR stage, it is recommended that you seek professional assistance to determine the best course of action.
What Happens if Complex Issues Arise?
Relationships can change during the processing of a partner visa. Here are some common scenarios that could occur and how an immigration lawyer can assist:
If the relationship has broken down due to family violence, you might still be eligible for the permanent visa under specific provisions.
Suppose you discovered that your current visa application or previous visa you held in the last 12 months raises concerns about false or misleading information or bogus documents. In that case, you may risk visa refusal under Public Interest Criteria (PIC) 4020.
We put together the Top Partner Visa Refusal Reasons and How to Avoid Them, and some Common Issues May Arise with Partner Visa Applications for your reference.
If this occurs, the best course of action is to seek professional assistance from an Accredited Specialist in Immigration Law for tailored advice specific to your circumstances.
Related:
Speak with an immigration lawyer for tailored advice to meet your visa objective.
How Can Agape Henry Crux Assist
While a lawyer isn’t always essential for a smooth and straightforward visa application, their expertise can be invaluable if your situation has become complex, or even if you just need a professional eye to review your visa application. Consulting with an experienced immigration lawyer can help ensure that your Partner visa application aligns with your objectives. Our team works closely with two of our Accredited Specialists in Immigration Law, Jason Ling and Angela De Silva, as they specialise in handling highly complex 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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