Living and Working in Australia Forum With Immigration and Travel Information

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-   -   Changes to 801 and 820 partner visas (https://www.australiaforum.com/visas-immigration/3983-changes-801-820-partner-visas.html)

aussiegirl 04-10-2010 08:42 AM

Changes to 801 and 820 partner visas
 
I saw this on the immi. site and thought this would be useful info. for anyone who is planning to apply for either of these visas.

From 27 March 2010, the Migration Regulations 1994 ('the Regulations') are amended to:

•allow a Subclass 801 – Partner visa to be granted to an applicant who is outside of Australia; and
•clarify in the Regulations that an applicant who is sponsored by a subsequent spouse or de facto partner who was not specified as the sponsor in the applicant's prospective marriage (temporary) visa application may be eligible for the grant of a Subclass 820 – Partner visa.
The first measure will enable applicants to be offshore when the Subclass 801 – Partner visa is granted and applicants will therefore not need to return to Australia for the visa to be granted.

The second measure will clarify in the Regulations that a holder, or former holder, of a prospective marriage (temporary) visa may be eligible for the grant of a Subclass 820 – Partner visa where they are sponsored by an Australian citizen, Australian permanent resident or eligible New Zealand citizen spouse or de facto partner who was not the sponsor for the applicant’s prospective marriage (temporary) visa application.

Find out more here:

http://www.immi.gov.au/legislation/a...7032010-07.htm

Wanderer 04-13-2010 11:22 PM

Good pick up aussie girl as there have been a few queries in reference to the onshore granting requirement restriction.

Their transitional ruling re what is considered final determination may need further clarification, ie. A 801 is considered as being applied for at same time as 820 and does final determination not occur until the two year wait period has occurred and if that is the case, the transition would seem unnecessary, so that may mean ???? or just typical Immi gobblygook!
Quote:

Transitional provisions
The amendments to allow Subclass 801 – Partner visa to be granted to an applicant who is outside of Australia will apply to visa applications made but not yet finally determined (within the meaning of subsection 5(9) of the Migration Act 1958) before 27 March 2010, and to visa applications made on or after 27 March 2010.

The amendments to clarify in the Regulations that an applicant who is sponsored by a subsequent spouse or de facto partner who was not specified as the sponsor in the applicant's prospective marriage (temporary) visa application may be eligible for the grant of a Subclass 820 – Partner visa will apply to visa applications made on or after 27 March 2010.
Also interesting about a PMV being able to apply for a 820 with a different partner involved.





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