The Applicant has been married to the Sponsor for over ten years and the couple has two children from their marriage. We applied for both the onshore temporary and permanent partner visas on the Applicant’s behalf.

When a couple applies for both the temporary and permanent visa, the Department will contact the couple two years after lodgement of the temporary visa. This allows the Department to assess the Applicant’s eligibility for the permanent partner visa.

However, in the present case, the permanent partner visa was granted within three months (instead of the usual two year timeframe). In making its decision, the Department felt that the evidence provided was comprehensive and since the couple complied with the requirements of both an 820 and 801 partner visa, permanent residency was granted immediately and in such a short timeframe.

According to the legislation, the Department will be able to grant permanent residency on an application for a partner visa immediately if:

• Where a couple has a child of the relationship and have been together for two years or longer, OR
• Where there are no children from the relationship but the couple has been together for over three years.

We have noted that such decisions – for immediate permanent residency – depend monumentally on the accuracy and completeness of the application. In the above case, ample evidence was submitted, which proved beyond doubt the genuineness of their relationship.