Australian Partner Visa FAQ
Australian Partner Visa FAQ
Can I apply for my partner visa application in Australia?
To enter Australia, you need an appropriate visa; however, you can apply for the Partner visa (subclasses 820 and 801) while in Australia. The subclass 820 is a temporary visa and is the first stage. The subclass 801 visa is granted after two from the time you have lodged the 820/801 visa application. Where the temporary visa has “no further stay” condition, then it is not possible to apply for a further visa in Australia.
What is the processing time for partner applications?
Though the standard processing times for the partner visa applications are 18 to 25 months from the date you submitted your application, the actual processing times may vary based on various factors like the complexness of the case, or receiving the referral of documents concerning health and character requirements and the number of places set aside for the migration program.
As part of the budget process, the Australian Government plans the overall migration program every year. When 47825 program places were apportioned to the partner visa program, there was an increase in the number by 300 places in 2014-15 when compared to that in the 2013-14 program year. Hence, the processing times of the partner visas depend on the order of the applications lodged and the planning levels set for the particular stream by the government. The migration department receives a large number of visa applications under the family stream today and as a result, the processing times have increased. It is better to wait instead of taking any reverse action.
Will the time taken to process my visa application affect the date on which I become eligible for permanent residence?
No. The date when you lodged your application is when it decides that you will become eligible for permanent residence and it is not when the visa is granted. However, the time it takes to process the first stage of your application in no way affects your eligibility for the permanent visa. For example, if you applied for the temporary Partner visa in November 2011, you stand eligible for a Partner permanent visa in November 2013, provided you have satisfied all the requirements. Where you were granted the temporary visa more than two years after you lodged your application, then you are eligible for the assessment of permanent partner visa immediately once the temporary visa is granted.
Can I apply for a partner visa if I am in Australia on a visitor visa?
The visitor visa is meant for holidaying and visiting family, while it does not allow you to apply for a permanent visa in Australia. For this reason, the visitor or some temporary visas contain a “no further stay” condition when they were granted. Nevertheless, a “no further stay” condition is implemented to all Sponsored Family Visitor visas. In case you hold a visa with “no further stay” condition, you cannot apply for any further visa while in Australia.
What should I provide as evidence for the identity and marital status?
The certified copies of documents that prove your identity and required usually in your country of residence have to be submitted. However, these documents need to be translated into English if they are not in English. Where it is possible to submit multilingual civil status records like birth and marriage certificates in English, then those will also suffice. Here you should also attach the certified copies of your passport’s bio-data page or travel document. All the copies should be in colour and of high quality.
What is a “certified copy” of a document?
When a copy of the original birth or marriage certificate or proof of identity is authorised by putting a stamp, showing it as the true copy of the original document, it is called certified copy.
Who can certify a copy of a document?
Australian partner visa applications require the documents submitted against your claims to be certified by any agency or person who is authorised by the law of the country you currently reside.
Who is a de facto partner?
A de facto partner of another person is so-called if they live together and have a genuine and continuing relationship, as well as a mutual commitment to a shared life. A de facto partner can be either the opposite sex or the same sex. For the Partner (Provisional) and Partner (Temporary) visa, the length of the de facto relationship should be minimum 12 months from the date of the visa application.
I want to apply for a Partner visa as a de facto partner, but I am married to someone. Can I still apply for it?
The Australian law requires you to be in de facto partner relationship of minimum 12 months immediately from the date before the filing of Partner visa application. However, this relationship must be “to the exclusion of all others” and genuine and continuing. In case you or your partner is married to someone at the time of lodging the Partner visa application as a de facto partner, then you need to provide sufficient evidence that you do not have any previous ongoing relationship.
What is the one-year relationship requirement?
If you are applying for the Partner offshore or onshore visa, the de facto relationship is one of the criteria to meet, and for that, the couple must establish that they have been in a de facto relationship for a minimum of one year before they file a visa application.
What evidence should I provide for a de facto relationship?
The evidence that you could provide is through a signed statement the following:
- When, where and how you and your partner first met.
- How your relationship developed.
- What level of commitment both you and your partner have when it comes to supporting physically, emotionally and financially.
- Periods of separation answering when, why and how long for the separation happened. You must also mention how you and your partner maintained the relationship during those periods of separation.
- Your partner’s and your plans.
The other evidence includes those related to financial, social and nature of the household aspects.
My partner and I have lived together only for ten months though we have been de facto partners for more than a year. I am not able to travel to my partner’s country because of my job. Would it be possible to sponsor my partner to Australia on a Partner visa?
Your partner may be eligible for the partner visa despite not living together for a year. According to the Australian immigration law, you and your partner should have physically lived together at some point in time since you both committed to the relationship. Although you are physically apart because of work or travel commitments, you are recognised to be committed to a shared life by having a genuine and continuing relationship.
In this case, the department would consider your commitment to each other, history of the relationship, nature of the household, financial and social aspects other than the physical cohabitation.
I am in a de facto relationship with my partner who came as a refugee under the humanitarian program to Australia. If I want to apply for a partner visa should we meet the one-year relationship requirement?
No. Nonetheless, if you can provide evidence of your de facto relationship with your partner at the time he/she received the permanent visa under the humanitarian program and you declared the same to the department at the time, your partner might be eligible for the partner visa.
Where can I register my de facto partner relationship?
According to the Acts Interpretation Act (Registered Relationship) Regulations, only a few states like the Australian Capital Territory, Queensland, New South Wales, Victoria, and Tasmania have laws in place permitting the relationship. However, you need to contact the relevant officer in the department in your state to learn more about registering your de facto relationship.
I want to apply for the Prospective Marriage visa (subclass 300). How long is it valid?
The Prospective Marriage visa (subclass 300) is valid for nine months from the date the visa is granted. You cannot extend it.
When my Partner visa application is under process, can I travel to Australia?
You can travel to Australia on other visas while your Partner visa is under process. On applying for a visa, you will be assessed against the eligibility criteria of that subclass visa. For more information on this, contact Immigration Help.
What is an initial entry date?
The initial entry date is the date you are advised to enter Australia in the visa when granted. You need to enter before that date to meet the condition in the visa. The initial entry date is fixed based on the health-and-character-check dates, which are valid for 12 months from the date of the issue. Failure to enter Australia before the initial entry date may result in cancellation, provided you have compelling reasons for not following the condition. Nevertheless, it is important to note that the initial entry date cannot be changed once the visa is granted.
Australian Partner Visa – How Can We Help You?
Any Australia Partner Subclass visa is granted only if you satisfy all the requirements and provide documents against your claims in the application. In case of any failure to satisfy any of the criteria, it will result in your visa application being rejected. Being a registered migration agent, we, at Immigration Help, have considerable experience in dealing with Australian Partner Visas. We can help you deal with any of the following issues that come across while applying for the Australia Partner visas.
- Providing evidence to prove that you are in a real de facto partner relationship for twelve months.
- We prepare the list of documents and evidence showing your relationship with your partner, your other relationships and health and character documents and send them with the application.
- We educate you with what evidence is considered and help you gather documents relating to the history, financial and nature of the household to prove your relationship.
- When completing applications and writing statements, we help you do them appropriately and accurately.
- Any enquiries from the Department of Immigration are dealt with properly and responded on your behalf adequately.
- Where you need to inform changes about the change of address, mistake, providing more information, we help you update them.
- We also help you with Interview preparation and provide all the guidance.
For Australian Partner Visas Assistance Guidance, You Can Contact Immigration Help
As a reliable consultant, we can handle the Australian Partner Visa Application for you at any time. As for as, your Australia Partner visa requirements, we are well-versed with the Australia partner visa procedure and can help you undergo the Australian partner visa process smoothly.
Being a Registered MARA agent in Adelaide, we take pride in having most of our clients completely satisfied, working with us for their Australian Partner Visa. Our expertise in the field combined with the core values of commitment, compassion and care has helped us give 100 % result when it comes to filing the application and meeting the Australia partner visa requirements.
If interested in hiring an Australian Partner Visa Expert, contact Immigration Help at WhatsApp No. +61433303774 (Australia) or drop an email at [email protected]