“Am I a permanent or temporary resident as an 820 or 309 Visa holder?”
Visa occupation lists here… visa occupation lists there… visa occupation lists everywhere…
January 8, 2017
“Can we apply for a partner visa before we have lived together for at least 12 months?”
February 8, 2017
Blog by Joan Cuss
A question asked of me many times by partner visa applicants is:
“AM I A PERMANENT OR A TEMPORARY RESIDENT AS AN 820 OR 309, VISA HOLDER? ‘
The 820/309 temporary partner visas are, from an immigration law perspective, very ‘unusual’ temporary visas – because they already imbue the holder with certain key permanent visa rights and benefits:
- no expiry date
- right to apply for Australian Medicare.
- future permanent 801 / 100 visa applications, do not attract a visa application charge (the Department will require detailed confirmation that the bona fides of the relationship has continued)
In simple terms this means that all things being equal, on a practical level, the Department do their best to treat the 820 visa holder, much like a permanent rights visa holder – subliminally honouring the temporary partner visa holder’s best intentions to remain in a long-term and exclusive committed relationship with their Australian partner / visa sponsor.
Australian Migration Laws (the Act, the Regs and the PAMs) are a highly prescriptive, specialised and codified area of law. If you would like assistance in applying for a spouse visa, please book a consultation with one of our immigration advisors.
