This article commences from the starting point that you are already in Australia as the holder of a subclass 820 Partner visa or subclass 309 Partner visa. This stage is commonly referred to as the second stage.
If it has been more than 24 months since you were granted an 820/309 visa then you can be assessed for, and if eligible, be granted a permanent partner visa. If you haven’t already, then you should submit further evidence of your ongoing relationship via your ImmiAccount without further delay. If you have been waiting patiently to be invited, you are not alone in this common misunderstanding.
Coinciding with changes made in late 2017, that required all Partner visa applications be lodged online, the Department discontinued its previous practice of contacting and inviting applicants to commence the second stage of processing.
Because of the Department’s long-standing practice (of reminding applicant’s they were eligible to commence the second stage of visa processing), many applicants and sponsors continue to believe they need to wait for the Department to initiate the second stage of processing.
Given that the Department processing times for the permanent subclass 100 Partner visa (Migrant) and the 801 Partner visa vary wildly from 4 to 5 months (in 25% of applications) to 20 months (when taken as an average across 90% of applications) it is a good idea to get on the front foot and initiate the second stage of processing as soon as you are eligible.
It’s true that the Department does continue to contact applicants to provide further information however, there are few advantages to waiting for the Department to do so. Commonly people who have been waiting are doing so because they are unaware that they can initiate the process, they have not updated their contact details with the Department so aren’t able to contacted (you may wish to provide the Department with Form 929 updating them of your new contact details) or they were assisted with the first stage of processing but are now unrepresented.
Another common reason for delaying the second stage process may be because of a fear that despite the passage of time, there is still insufficient evidence of the long-term nature of the relationship and that a refusal is likely.
If you would like to benefit from shorter processing times experienced by the 25%, or if you need advice about your ongoing eligibility for a permanent partner visa please get in touch to discuss your particular circumstances.
