What is the Stage 2 Partner Visa?
If you’ve been following along for a while, you’ve likely already read our posts about the subclass 820/801 and subclass 309/100 Partner Visas. Today we’re talking about Stage 2 Partner Visas: the subclass 801 and subclass 100. The Stage 2 Partner Visa is the last and final stage of your Partner Visa journey and comes with Permanent Residency – YAY!
You’re eligible to apply for your 2nd stage Partner Visa (regardless of whether you lodged a subclass 820 or 309) 2 years from the date of your initial application. I’ve had a lot of couples make the mistake of thinking they are eligible to apply for the 2nd stage Partner Visa 2 years from the date of grant, but it’s actually from the date you lodged.
I like to think of the 2nd stage Partner Visa as the Department of Home Affairs wanting to know about what you and your partner have been up to since the grant of the 1st stage. Specifically, the Department of Home Affairs needs to be satisfied that you and your partner are still in a genuine and continuing relationship. I can hear you asking ‘what does that mean’. I’ll talk all about it in this blog.
Some common myths around the Stage 2 Partner Visa
I love my myth busting and when it comes to the Stage 2 Partner Visa, there’s a lot going around that simply isn’t true. I’m going to share the top three myths I’ve heard over the last 10 years when it comes to the 2nd stage Partner Visa.
1. You just need to add some more documents to your initial application
Starting strong with the biggest myth out there and one I hear over and over again. The 2nd Stage Partner Visa isn’t just about adding some more documents to your initial application. In fact, you’ll notice that once your 820 or 309 application has been finalised, you actually can’t upload any more documents at all.
The 2nd Stage Partner Visa involves creating a new application via your ImmiAccount specifically for the 2nd stage and submitting a new Form 47SP. Think of it like a mini Partner Visa. Remember the relationship statements, Form 888s from friends and family, and four pillars of relationship? Well you’ll again need to provide all these things plus a few others like an Australian Police Check for the Applicant.
It’s definitely more involved than simply uploading a few additional photographs and bills to your ImmiAccount. Remember that the 2nd stage Partner Visa is your ticket to Permanent Residency, so it’s taken seriously.
2. I’ll get the Stage 2 Partner Visa granted because my Stage 1 Partner Visa was granted
Unfortunately, I’ve seen this scenario a few too many times and in a couple of cases it’s actually led to a refusal.
The 2nd Stage Partner Visa is not an automatic grant. The onus is on you, as the Applicant, to demonstrate that you are still in a genuine and continuing relationship with your Sponsor (your Australian Citizen/Permanent Resident partner).
Remember that the Department does ultimately need to make a decision on your 2nd stage Partner Visa, and if you haven’t submitted your application then that decision may be a refusal. That also means the cancellation of your current Partner Visa.
So don’t make the mistake of thinking you will automatically receive your 2nd stage Partner Visa. A hot tip for you is to mark your eligibility date in your calendars and apply on or very soon after you are eligible.
3. You need a Migration Agent to lodge the 2nd Stage Partner Visa for you
Simply put, you don’t need a Registered Migration Agent to lodge your 2nd Stage Partner Visa for you, even if they lodged your 1st stage. There are various reasons why someone might choose to engage a Migration Agent to manage their 2nd Stage Application which I’ll talk about below, but it’s definitely not a must.
In my experience, most couples have a good understanding of the Partner Visa after they have gone through the first stage and feel confident enough to tackle the 2nd stage themselves. We also often have couples use the Partner Visa Academy for their 2nd Stage so they are still supported throughout the process and have their application reviewed prior to lodgement, but they will have control over the application. Not to mention, save money.
What evidence do we need for the 2nd Stage Partner Visa?
Evidence is key this time around too. Remember that we never underestimate the importance of submitting a well evidenced application. Just as with your subclass 820 or 309, there are certain legal criteria that must be met for the subclass 801 or 100 visa now.
I mentioned briefly above but you will need to provide:
- Evidence that you are still in a genuine and continuing relationship via the four pillars of relationship
- Updated relationship statements
- Form 888s
- A new Form 47SP
- Police clearance/clearances for the Applicant (depending on where you have been residing for the last 2 years)
If you’re wanting to DIY your 2nd Stage Partner Visa but still want a tailored document checklist specific to your case and what you should provide, you would benefit from an evidence planning session with us.
How long does the 2nd Stage Partner Visa normally take?
Processing times, as always, are fluctuating. For current advertised processing times, it’s best to check the Department’s website.
In practice, we are seeing well evidenced and decision ready applications process within around 8-9 months.
When should you consider engaging a migration agent to manage the 2nd Stage Partner Visa?
If you and your partner have had a change to your living arrangements, for example, if you’re not living together or are spending time apart, then I would recommend engaging a migration agent to manage the application for you.
If you’re unsure about the eligibility criteria, or whether you still meet the requirements for a 2nd stage Partner Visa then I would strongly recommend you engage a migration agent to help you, as DIY’ing may not be the right choice for you.
Why should you DIY your Stage 2 Partner Visa?
DIY’ing your 2nd Stage Partner Visa means both saving costs by not engaging a migration agent and maintaining full control over your visa application and ImmiAccount. As I’ve said before, it’s your love story and you’re best placed on how to share it.
If you’ve made it this far, you’re probably looking to DIY your 2nd Stage application, but you want to make sure you’re doing it right. The Partner Visa Academy was designed for couples just like you. First, we’ll sit down to create a tailored document checklist for you. Next, we’ll walk you through every step of the process and answer any questions your have along the way. Finally, our Registered Migration Agent will do a complete review of your application to give you the peace of mind it’s been done right. If this sounds like what you’ve been looking for, you can get started by reaching out to us today.
Your 2nd Stage Partner Visa is the final piece of the puzzle to your Partner Visa journey. It’s an exciting milestone, but if there’s anything I can share with you after doing this for 10 years, it’s to take the 2nd Stage Application seriously. You’ve come this far and the end is so close! Until you’re eligible for Australian Citizenship, but we can chat about that later…
IMPORTANT: Please note, this does not constitute Immigration advice. Always seek advice from a Registered Migration Agent before applying for an Australian Visa. Migration Law is constantly changing. This information is accurate only at the time of publication.
