What Happens if I Don't Apply for the Partner Visa Second Stage (Subclass 801 or Subclass 100)
If you are currently holding a temporary Partner Visa (Subclass 820 or Subclass 309) and you have yet to complete the second-stage processing (Subclass 801 or Subclass 100), there may be significant consequences to your eligibility to remain in Australia permanently.
You May Not Be Eligible to Transition to Permanent Residency (PR)
The second stage of a Partner Visa allows the applicant to stay in Australia permanently once granted. It requires transitioning from a temporary Partner Visa (Subclass 820 or Subclass 309). If you fail to submit your application for SC 801 or SC 100, you may not gain the benefits of a permanent resident (PR) and the eligibility to apply for citizenship in the future. Additionally, there is no visa pathway to renew for the first stage of the Partner Visa (Subclass 820/309).
Temporary Partner Visa (Subclass 820 or Subclass 309) May Expire
Temporary Partner Visas (Subclass 820.309) do not grant indefinite stay in Australia. If you do not apply for the second stage of Partner Visa, your temporary visa may eventually expire, leaving you without a valid visa, which means that you are at risk of becoming an unlawful non-citizen.
Broken Up due to Family Violence
If you were in a family violence or domestic violence relationship and have left that relationship due to your safety. You may be eligible to continue your second-stage Partner Visa process without a sponsor. Speak to one of our Accredited Specialists in Immigration Law to assist with your circumstances and visa status.
Related:
In a New Relationship? How to Update Your Relationship Status for Your Visa?
How to Identify that You May be Experiencing Family Violence?
Potential Breach of Visa Conditions
Failing to comply with your visa’s requirements may impact future visa applications and you may lose work rights and healthcare benefits.
How Can Agape Henry Crux Assist
Failing to apply for the second-stage Partner Visa could result in losing your pathway to PR and your right to stay in Australia legally, speak with an Accredited Specialist Immigration lawyer at Agape Henry Crux. The team can give tailored advice and assistance based on your complex circumstances as they specialises in handling highly complex matters. You may schedule an appointment with one of our solicitors 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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