Priority Processing of a Partner Visa application.


Is priority processing possible?

Yes, potentially it is.

This is what the immigration department publishes in regard to priority processing:

Compelling and compassionate circumstances

A Partner or Child visa application might be prioritised where you can demonstrate compelling and compassionate circumstances. You will need to make a request for priority processing with the visa office where your application is being processed and provide evidence to support your claims.

There is no guarantee that your application will be given a higher priority as other applicants might have equally or more compelling and compassionate circumstances.

Is priority processing likely?

No, unfortunately it isn’t.

However, it could be more likely for an offshore temporary partner visa application (subclass 309) than for an onshore temporary partner visa application (subclass 820).

The reason for this is that onshore partner visa applicants are generally together with their partner in Australia during the processing of their temporary partner visa application.

When they apply for the onshore partner visa, and provided they hold a substantive visa at that time, they will be granted a Bridging Visa A (BVA) that, after it activates, allows them to stay in Australia indefinitely until they receive the decision on their onshore temporary partner visa application.

When active, their BVA also allows them to work in Australia without restrictions.  They can also access the Australian government’s medical insurance scheme, Medicare, and can apply for a Brdiging Visa B if they wish to travel outside Australia for a short period of time.

If we compare the situation of an onshore partner visa applicant with an offshore temporary partner visa applicant, obvious differences are apparent.

Offshore partner visa applicants are commonly separated from their Australian partner during the processing of their partner visa application – the visa applicant is often in their home country and their partner is usually, but not always, in Australia.

There is no BVA granted to offshore temporary partner visa applicants and no right to be in Australia or to work in Australia during processing of their temporary partner visa application.

They may, or may not, be able to obatin a visitor visa to visit their partner in Australia during processing of their temporary partner visa application, but there is no guarantee a visitor visa will be granted.  If a visitor visa is granted, it will not have the right to work in Australia.

However, all of the above hardships will unfortunately almost certainly not be ‘Compelling and Compassionate’ enough to get priority processing of an offshore partner visa application – as these circumstances are common to most offshore applicants.

Compelling and Compassionate Circumstances

So, proving ‘Compelling and Compassionate Circumstances’ may be easier for offshore, rather than onshore, partner visa applicants – it all depends on the circumstances.

Proving ‘Compelling and Compassionate Circumstances’ is a high bar, and is always very difficult.

Feel free to contact me to arrange a consultation if you need further information about this.  Regards.

Ross McDougall Immigration Lawyer.

www.rpmlawyers.com.au

Tel: 08 8528 9187

This information is correct at November 18th, 2019.  But, keep in mind that immigration law changes from time to time.

Information (or the lack of it) contained here does not take into account anyone’s individual circumstances and should not be relied upon as immigration assistance or legal advice.

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