Partner Visa Eligibility 820 or 309 Visa – When to Lodge & De facto
How do I know it’s the right time to lodge my Partner Visa, how do I know if I meet the Eligibility requirements for the 820 or 309 visa? Do I have to be a de facto before Lodgement? Does registering the relationship save me??
Answer:
When and if you apply is always a question of evidence. Firstly, one must ask, do you meet at least the minimum threshold eligibility criteria? Secondly, have you built a strong evidence base that addresses the eligibility criteria in the various parts of the Migration Act and The Regulations. Many prospective applicants I speak to are unaware that you must be the spouse or de facto partner at “the time of application” of the 820-801 application. Meaning (in part) you have evidence of the 4 pillars existing prior to the lodgement of the 820-801 application. Many assume there is only a “time of decision” aspect to the criteria. Backloading an 820/801 application, with evidence that is from periods of time that are post lodgement of the 820-801 application, does not help you meet cl 820.211 – see below:
820.21–Criteria to be satisfied at time of application
820.211
(1) The applicant:
(a) is not the holder of a Subclass 771 (Transit) visa; and
(b) meets the requirements of subclause (2), (5), (6), (7), (8) or (9).
(2) An applicant meets the requirements of this subclause if:
(a) the applicant is the spouse or de facto partner of a person who:
(i) is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen;
The moral to the story is, do not expose yourself to unnecessary risk. If you have time to build your evidences and a stronger application – do so before you apply. Registering your relationship does not mean you do not have to prove the existence of the de facto relationship at “the time of application”, it only helps you with the length that the relationship has existed prior to lodgement.
You never know when you will receive a case officer that is driven by a strict interpretation of the law. Sadly, you will at times encounter unscrupulous types that will encourage a quick lodgement…. I will let you join the dots on that one…it may have something to do with getting paid faster or to have an application to lodge in the first place. With partner visas, sometimes the best advice you will ever receive is “you are not ready yet, do the following to build and strengthen your application”. Words I mutter on an almost daily basis.