Are you married or in a de facto relationship with an Australian citizen, a permanent resident or a New Zealandcitizen? Do you need more information on how to apply for a partner visa and the evidence that you need to provide? We answer these questionsand more! Our job is to make the partner visa application process simple and stress-free, so you can getback to what's important to you! What is a PartnerVisa? A partner visa allows the holderto live in Australia permanently. It is available to spouses or de facto partners (opposite sex and same sex) of Australian citizens, permanent residents of Australia and eligible New Zealand citizens. There are two types of partner visa: When applying for an onshore partner visa (Subclass 820/801 visa) the applicant must be in Australia at the time of application and at the time of grant. When applying for an offshore partner visa (Subclass 309/100 visa) the applicant must be outside of Australia at the time of application and at the time of grant. The path to permanent residency consists of two stages. Stage one is a combined application for the temporary and permanent partner visa. If successful, the applicant is first granted a temporary partner visa (subclass 820 or subclass 309). After two years if the relationship is still ongoing or there are exceptional circumstances then stage two can be lodged. Stage two includes updated documents that show the relationship is still ongoing. If successful, the applicant is granted a permanent partner visa (subclass 801 or subclass 100). Anyone who can successfully prove that they are in a long term marriage or de facto relationship (3 years or more, or 2 years with a child) will be granted a permanent visa (subclass 801 or subclass 100) once the application is assessed. This means that they do not have to wait two years or submit stage 2 of the application. What are the PartnerVisa Requirements? 1. Sponsorship The applicant must be sponsored by an Australian citizen, a permanent resident of Australia or an eligible New Zealand citizen. 2. Identity
The applicant and sponsor must prove their identity, in most cases a passport, birth certificate and national identity card is sufficient. 3. Health Assessment The applicant must complete a health assessment, chest x-ray and HIV test to demonstrate they are not likely to incur excessive costs to the Australian taxpayer through the public health care system. Applicants who fail the health assessment can apply for a health waiver, which is mostly based on their financial capacity to mitigate costs. 4. Character Test The applicant and sponsor must show that they are of good character by providing police clearances for any country they have lived in for 12 months or more (cumulatively) within the past 10 years. Anyone with a substantial criminal record (usually a prison sentence of 12 months or more) will fail the character test unless there are mitigating reasons. 5. Spousal or De Facto Relationship The applicant and sponsor must either be legally married or in a de factorelationship:
a. Marriage If applying based on marriagethen the marriage must be accepted under Australian law, which applies to most marriages conducted in Australia (this includes same sex marriages). Overseas marriages are generally accepted if the marriage was legal in the country in which it was conducted, however there are exceptions (for example underage or polygamous marriages are not accepted). b. De Facto If applying based on a de facto relationship, then the applicant must have lived at the same property as the sponsor for at least 12 months. Alternatively, if theapplicant and sponsor have not lived together for 12 months, they canregister their relationship with thestate government of Victoria, New South Wales, Queensland, Tasmania, South Australia or the ACT.It is also possible to apply on de facto grounds if there are compelling and compassionate circumstances.
6. Evidence of Genuine Relationship The applicant and sponsor must provide documents and written statements to show they have a mutual commitment to a shared life to the exclusion of all others and that their relationship is genuine and continuing. The following aspects will be considered when the relationship is assessed:
The financial aspects of the relationship
The nature of the household
The social aspects of the relationship The nature of the persons'commitment to each other
If the applicant and sponsor have met in person at least once but don't have sufficient evidence of their relationship they may consider applying for a prospective marriage visa (Subclass 300 visa).
Why Choose To Oz Migration?
We are a highly reputable and experienced migrationagency based in Sydney.
We don't take too many clients so that we can focus and prioritize one visa applicantat a time. We try to give the best quality of services to each applicant.
Our lead migration agent is also a Migrant from the Philippines. Sheunderstands the arduous work and high expenses that the visa applicants have to deal with.
Our Principal Migration Agent, Ms. SarahAbutazil (MARN 2217739), is a widelyrespected consultant with extensive knowledge and ethical practices in General Skilled Migration visas, Student visas, Family visas, Business Visas, and other types of immigration matters.
Our team of dedicated professionals isprocess-oriented, efficient, and knowledgeable, and they are the backbone of our business, ensuring that all applications are prepared with utmost accuracy and efficiency.
Frequently Asked Questions: How long does a partner visa or prospective marriage visa take to be processed? The processing time for partner visa and prospective marriage visa applications depend on the individual circumstances of each applicant. Generally, currentprocessing times for partner visas can range from a few months up to 2 years. The final decision will depend on which office the application is being processed in, the complexity of the individual application and an applicant's willingness to provide all relevant documents promptly or answer questions from the Department of Home Affairs when requested. How long is a partner visa valid for? The exact length depends on whether it is a temporary or permanent visa, with temporary visas usually lasting for two years before needing to be renewed and permanent visas offering indefinite residence in Australia. It is important to keep in mind that any time spent outside of Australia during this period will count towards your visa expiry date. Whilst waiting for a partner visa application to be processed, applicants are not allowed to stay in Australia until the visa has been granted. Can I stay in Australiawhilst waiting for a partner visa application to be processed? You can stay in Australia while processing the Subclass 820 visa as long as you still have a substantive visa (example tourist visa, student visa, TSS 482 visa) or if you are on bridging visa. With regards to the Subclass 309 visa,because this visa was submitted outside of Australia, the only way you can come to Australia while waiting for this visa is if you applied for another substantive visa. If you are grantedafter 26 February 2021 you can
stay in Australia while waiting for this visa. However, the concession period may change anytime without warning from the government. The law prior was you need to beoutside of Australia when this visa gets granted.
Sources:
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-offshore
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