Question of the Week
How can I lodge a partner visa application in a short time frame?
Category: No Category
Question asked
I live in Dubbo, NSW.
I came to Australia with 489 dependent spouse visa.
I got divorce with main applicant in last January and my visa have been cancelled last Thursday - for the reason of divorce with main applicant.
I am now married, she is an Australian citizen. I have everything ready for lodging a partnership visa.
I would like to know shall I get permission to live and work if I lodge partnership application within given short time frame?
Or I will also have to seek for merits review to get permission for working and living?
Thanks and regards
N.
Answer provided by Migration Agent
Hi N.,
Thanks for your questions.
As you're currently unlawful, you're only able to make a valid subclass 820 Partner visa application within 28 days of the day your previous visa was cancelled. You must show that the reason you're not holding a substantive visa is due to factors beyond your control, and that there are compelling reasons for granting the Partner visa. You must have complied substantially with the conditions on your previous visa.
'Factors beyond your control' is referred to in policy as circumstances that were 'external' to the applicant over which they had no control. For example: A serious accident or illness prevents the applicant from making a valid visa application.
'Compelling reasons for granting the visa' is referred to in policy as a situation brought about by moral necessity. For example: The applicant's partner became seriously injured or extremely ill and needed to be cared for by the applicant.
You need to consider whether the reason you no longer hold a substantive visa is due to factors beyond your control, based off the information you have provided it sounds like they're not. You also need to consider if there are compelling reasons for granting the visa. The other factor that will be taken into account is that your last visa was cancelled because you didn't comply with the conditions of that visa. For these reasons I strongly advise against apply for a subclass 820 Partner visa.
If you decide to apply for a subclass 820 Partner visa you will automatically be granted a Bridging visa E with no work rights, and no opportunity to travel overseas until the 820 visa is granted (this is likely to take 18 months). You can apply for another Bridging visa and have the work restriction removed if there is a 'compelling need to work'. This is defined in the regulations as a person who is in financial hardship, which is referred to in policy as a person whose reasonable living expenses exceeds their ability to pay for them. There is no guarantee that you will be given work rights on a Bridging visa E.
My recommendation is to leave Australia before you are removed, and apply offshore for a subclass 309/100 Partner visa. The current processing time is approximately 11 months. Once the subclass 309 visa is granted you can return to Australia and you'll have full work rights. Applying onshore for a subclass 820 visa is very risky given your circumstances and you won't be entitled to a refund of any of the fees that you pay.
You will be given an option to contact me to hire my services once this question has been finalized.
If you need further services from myself, please contact Amy at amy.jacobson@ask-an-agent.com.au or visit https://www.ask-an-agent.com.au/visa-quote - there is currently a special on Partner visas. Remember to mention your Question ID so that I can keep providing immigration services to you.
I look forward to hearing from you.
Kind regards,
Migration Agent
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