Question of the Week



How can I convert my sc 485 visa to Permanent Residence (PR) with a Partner Visa application?

Category: Partner Visa

Question asked

I am a Canadian on the sc 485 post grad working visa (exp Feb 2022) and my partner is Australian. We have been in a relationship since Jun 12, 2019 and living together since Dec 1 2019. I came to Australia in 2016 however, after my studies I applied 7 days too early for the 485 visa and was refused, I had to go back to Canada and come on a working holiday visa 417. Then I was on that visa for 2 months and reapplied for a sc 485. Now I am on that sc 485 visa. I am also a physiotherapist, completed my doctor’s degree here in Macquarie Uni back in 2019.

My questions are
- We want to apply for the permanent residency partner visa, which one is that? Can we start the process now?
- If my visa is valid till Feb 2022, i see people applying for 2 partner visas? is that called de facto visa? Do i need that to get partner permanent residence?
- How do we start the process?
- What are the main things that they look at? phone conversations? how do i show evidence I’ve been living together with him?

Answer provided by Migration Agent

Hi P.,

Firstly, you are unable to have two substantive visas ongoing at the same time. Therefore, upon you applying for a partner visa, you will need to withdraw your sc 485 visa before lodging in your partner visa. Essentially, your partner visas will fall into the 820/801 and 309/100 regardless of whether you are married, prospective marriage or in a de facto relationship.

Secondly, as you have noted, the partner visa comes in two stages. If you are onshore, it will be the 820 and 801 (which will be applicable in your circumstance), offshore is the 309 and 100. The reason why you apply for two visas is that one is temporary, and the other is permanent. The permanent visa will be decided two years after the time of lodging. However, due to the extensive timeframes on deciding your partner visa (normally 2.5 years), your 820 and 801 are granted at the same time, however, the 801 visa will be in force. If for some fortunate reason, your visa for your 820 temporary visa is granted first in the first year and a half after lodging your application, then after 6 months, you can apply for your 801 visa PR.

To start the process, you will need to have an online immi account (https://immi.homeaffairs.gov.au/help-support/applying-online-or-on-paper/online) as the Department of Home Affairs no longer accept paper applications. It is important to understand the evidence you are required to provide in your application. Evidence such as (but not limited to):

1. Passports;
2. Birth Certificates;
3. If you are in a de facto relationship, evidence that you have been cohabitating together for at least a year;
4. The nature of the household of the relationship - such as what you guys do for each other, cook, clean, laundry, go shopping etc;
5. The financial commitment you have to each other - if you and your partner have any joint assets, savings etc;
6. Commitment to each other - your intentions on getting married and whether your partner has declared you as a beneficiary on his superfund etc;
7. Your social outings - if you and your partner have shown each other to friends and families. Normally photos of this category should suffice;
8. Photos of your relationship;
9. If you and your partner have been separated for any periods of time, how you two have maintained contact, phone records, text messages etc;
10. Where you have travelled in the past 10 years;
11. Your partners immediate family details such as their visa status here in Australia and DOB;
12. Form 40SP - also completed online which will outline the same questions for your sponsor;
13. Statutory declarations from your partner and you outlining how you two met, your commitment to each other and your intentions moving forward; and
14. Criminal checks - you and your partner will need to obtain a criminal check in all countries you have resided in.

As noted, this is not an exhaustive list but should provide you with a backbone of what the Department looks at when assessing your application. If you are unable to provide the details all at once, you can lodge your application, and later upload these documents.

I hope this helps and please do not hesitate to contact me if you have any questions. Thank you for using Ask-An-Agent. If you need further services from myself you can always message me using the Ask-An-Agent messenger or chat. You can also reach me by contacting Amy at amy.jacobson@ask-an-agent.com.au – and don’t forget to mention your question ID so that I can keep providing immigration services to you.

Happy to help. :)
Migration Agent

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