Relationship Breakdown before Securing a Permanent 801 Visa

November 4, 2021 - Unreported Cases

The Applicant entered Australia on a tourist visa and met the Sponsor. When the tourist visa expired the Applicant remained in Australia and lived here until he lodged a Partner visa with the Sponsor. Shortly before lodging the 820 Partner visa application, the Applicant and Sponsor had a child together. The 820 Partner visa application was successful. However, the Applicant advised Immigration Solutions Lawyers (ISL) that the relationship had broken down but that he did still share responsibility for his child.

Under the current two-stage partner visa processing arrangements, applicants are ineligible to be granted the permanent 801 visa until two years after their application is made. This means that 820 visa holders are usually required to wait two years before their 801 visa application is able to be finalised. In order to be eligible for a subclass 801 visa, you must be able to satisfy the following criteria:

–  You must hold a subclass 820 visa;

–  You must continue to be sponsored;

–  You must still be the sponsor’s partner; and

–  Two years must have elapsed since the lodgement of the subclass 820 visa.

The issue in this case was that the Applicant was no long still the Sponsor’s partner. However, ISL advised the Applicant that they may still be entitled to be granted a permanent 801 Partner visa. This was due to the fact that the Applicant had a child who was an Australian citizen with the Sponsor. If an applicant meets the requirements for an 801 visa but the relationship between the applicant and the sponsoring partner has ceased, they may still be eligible for the visa. They are still eligible if the applicant has custody or joint custody of the child, or has a residence order or contact order, or has an obligation under a child maintenance order.

Since the Applicant did still have responsibilities for the child, ISL was able to secure the grant of the subclass 801 visa.