PARTNER VISA BLOG & FAQS

Our team of skilled and dedicated attorneys has extensive experience in all areas of immigration law. We pride ourselves on providing our clients with compassionate and effective legal representation throughout the immigration process. Whether you are seeking to reunite with family members, pursue job opportunities, or seek asylum, we are here to help. We understand the complexities of the US immigration system and will work tirelessly to achieve your immigration goals.

1. FAQ Question – Partner Visa Eligibility 820 or 309 Visa – When to Lodge

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 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 (the most common pathway) – 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.

At Global Immigration Consulting, our experienced immigration attorneys provide a wide range of services to assist clients in achieving their immigration goals. We have extensive experience handling complex immigration matters, including family-based petitions, employment-based visas, naturalization, and deportation defense. Our attorneys are dedicated to providing personalized attention to each client, and we work tirelessly to ensure that our clients receive the best possible outcome in their case. Contact us today to schedule a consultation with one of our attorneys.

We are a full-service immigration law firm dedicated to helping individuals, families, and businesses navigate the complex US immigration system. Our experienced attorneys provide personalized and comprehensive legal services tailored to your unique needs. We handle a wide range of immigration matters, including family-based immigration, employment-based immigration, asylum, deportation defense, and citizenship applications. Our goal is to provide you with high-quality legal representation and compassionate support throughout the entire immigration process.

Our team of skilled and dedicated attorneys has extensive experience in all areas of immigration law. We pride ourselves on providing our clients with compassionate and effective legal representation throughout the immigration process. Whether you are seeking to reunite with family members, pursue job opportunities, or seek asylum, we are here to help. We understand the complexities of the US immigration system and will work tirelessly to achieve your immigration goals.

At Global Immigration Consulting, we provide comprehensive immigration law services that help individuals and families navigate the complex US immigration system. Our experienced attorneys handle a wide range of immigration law matters including family-based petitions, employment-based visas, naturalization, and deportation defense. Our goal is to provide our clients with efficient and effective legal representation in order to achieve their immigration goals. Contact us today to schedule a consultation.