Australia Partner Visa. Can she leave the country temporarily after applying?

My Defacto Partner of 6 years and I want to apply for her Partner Visa for Australia. I am Aussie born and bred so she is deffo eligible but we have a couple questions:

If she is successful in my Temporary Partner visa(subclass 801) is she free to leave the country when we need to work abroad without terminating the process of her permanent partner visa(subclass 820)?

Can she get a police check now from her home country (as I am here now) and it still be valid for my 801/820 visas when we get to Australia?

Thank you for your help 

2 Answers

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  • Brooky
    Lv 7
    1 month ago
    Favorite Answer

    Her 820/801 will most probably take a long time to be processed as the usual delay is well over 12 months. If you've been in a de facto relationship for 6 years and have provided evidence of that, she will most probably be granted the temporary 820 and the permanent 801 Partner visa at the same time.

    When she lodges an onshore application, she will be granted a Bridging visa A that will take effect only when her current visa expires (but not if it is cancelled for any reason) and which will allow her to stay in Australia until a decision is reached on her Partner visa application. She MUST be in Australia when the 820/801 is granted.

    If she needs to leave Australia before her Partner visa is decided, she must ensure that she has a visa that will allow her to return to Australia for the 820/801 to be granted onshore and that could get complicated.

    If she leaves Australia and will definitely return before her current visa expires, that's fine. She simply travels on that visa.

    If on the other hand, she needs to leave Australia while her current visa is valid but will need to be away after it expires, you could have a major problem.

    A Bridging visa A can only be granted onshore i.e. in Australia. A BVA has no travel rights, but the holder of a BVA is eligible to apply for a Bridging Visa B which DOES have travel rights but must be granted onshore. Can you see the problem?

    About the PCC... They are only valid for 12 months. If she gets one now and it expires before her 820/801 is granted, she will need to get a new one. Same goes for her medicals.

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  • 1 month ago

    No ides talk to an attorney in Australia.

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