Detail Question Of The Week



Leaving Australia on a Partner (Temporary) (class UK) Partner (subclass 820) visa

Category: Family and Partner visas
Question asked

Hi,

I have been granted with my Partner (Temporary) (class UK) Partner (subclass 820) visa on 18th of April 2016. The date of this visa application was 17th February 2015.

Am I able to travel back to my country of my citizenship to finish my uni studies (I have a year left) before being granted with my permanent partner visa and PR/ will it effect to the granting of that visa? My partner would spend part of the time with me and we are happy to proof that we are talking every day..

Thanks&

Kind Regards

T.

Answer provided by our agents

Hello T.

Thank you for your inquiry. You should become eligible for the PR stage (Subclass 801) to proceed two years after the Subclass 820 is lodged. This would mean from 18th February 2017 onward in your case.

In terms of going back to finish your studies this should not be an issue as long as you can continue to demonstrate an ongoing, genuine and committed relationship with your partner. In this regard at the 2nd stage of processing you should provide evidence to demonstrate this. The evidence should cover the original areas of assessment including, financial commitment, social recognition of the relationship, nature of the household and general nature of your commitment to each other. This may include new Statutory Declarations from family members and / or friends on Form 888, attesting to the ongoing and committed relationship you share. Additionally evidence of living together (lease, utility bills), and evidence of shared finances (bank accounts) should evidence the relationship after being granted the temporary visa. You should each also include Statutory Declarations written by you and your partner attesting to the development of your relationship and your future plans.

If you go overseas to study you need to include evidence of maintaining contact with each other whilst you are separated. A mention of why you have gone overseas and your intentions regarding this should be included in your Statutory Declaration. You can also attest that you continued to maintain contact during the separation. In terms of evidence you can include copies of emails and social chat records (eg: WhatsApp). You should also include evidence demonstrating that your partner was with you overseas for a period of this time. This evidence can include the airline tickets, photos, tickets to a community or social event that you both attended to in your home country.

Thank you for using Ask an Agent. If you need further services from myself or a registered migration agent, please contact Amy at amy.jacobson@ask-an-agent.com.au and she will arrange a competitive quote for your required services.