Understanding the Process of Getting a Partner Visa
Dreaming of living in Australia with your partner? A partner visa allows spouses or de facto partners of Australian citizens or permanent residents to make this dream a reality. This comprehensive guide delves into the various types of partner visas, eligibility criteria, and the application process.
Key Takeaways
Australia’s partner visas include onshore (Subclass 820/801) and offshore (Subclass 309/100) options, designed for genuine couples and families to reunite, with a dual-stage application process consisting of temporary and permanent partner visas.
Eligibility for partner visas requires demonstrating a genuine, ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, including specific criteria for de facto partners and documentation proving financial, household, and social commitments.
The application process involves several stages, including applying for a temporary visa, submission of a sponsorship form from the sponsor (Australian spouse or de facto partner), and subsequently for a PR, with processing times ranging from 10 to 20 months and significant fees applicable.
Understanding Partner Visas
Australia offers several types of partner visas to help reunite couples and families. Primarily, there are the onshore Partner Visa (Subclass 820/801) and the offshore Partner Visa (Subclass 309/100). Each type involves two stages: a temporary and a permanent partner visa, applied for simultaneously with a single application charge. This dual-stage process ensures that applicants are committed to their relationship and provides time for the government to assess the genuineness of the relationship.
In addition to these, there’s also the Prospective Marriage Visa (Subclass 300), which allows individuals to come to Australia to marry their fiancé(e). This temporary visa is ideal for couples who are not yet married but intend to tie the knot shortly after arriving in Australia.
Eligible applicants for partner visas include spouses and de facto partners of Australian citizens, Australian permanent residents, or eligible New Zealand citizens. This inclusivity ensures that love knows no borders, allowing couples to build their lives together in Australia regardless of their current location.
Eligibility Criteria for Partner Visas
Applicants must be in a genuine spousal or de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen to qualify for a partner visa. This means that the relationship should be based on mutual commitment and should be ongoing. Applicants must demonstrate that they do not live apart on a permanent basis and are not related by family.
For de facto relationships, there is an additional requirement: the couple must have been in a de facto relationship for at least 12 months before applying. However, there are exceptions to this rule, such as if there are compelling and compassionate circumstances. In some states, like South Australia, a couple can register their de facto relationship with the local state authority like Consumer and Business Services to get an exemption from the 12 month de facto relationship requirement. In all cases, applicant and sponsor must be at least 18 years old and meet specific character requirements.
It’s crucial to ensure that your relationship definition aligns with the visa requirements before applying. This alignment will streamline the application process and increase the likelihood of a successful outcome.
Types of Partner Visas
Australia offers several types of partner visas to cater to different relationship circumstances and stages. Understanding these options can help you choose the right pathway for you and your partner.
Temporary Partner Visa (Subclass 820): This onshore visa allows the partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live and work in Australia temporarily. It serves as the first step in the partner visa application process, providing a bridge to the permanent partner visa.
Permanent Partner Visa (Subclass 801): Granted to individuals who have held a Subclass 820 temporary partner visa and have been in a genuine and continuing relationship with their partner for at least two years. This visa allows you to live in Australia permanently, offering stability and the opportunity to build a future together.
Temporary Partner Visa (Subclass 309): This is a offshore temporary visa, that can be applied for when the applicant is not in Australia. Subclass 309 visa is a temporary visa that lets you live and work in Australia while your wait for your permanent partner visa (Subclass 100) to be processed.
Permanent Partner Visa (Subclass 100): Granted to applicants who have applied for the 309 visa successfully after 2 years. This dual-stage process ensures that your relationship is genuine and ongoing before granting permanent residency.
Prospective Marriage Visa (Subclass 300): Ideal for those engaged to an Australian citizen, Australian permanent resident, or eligible New Zealand citizen, this temporary visa allows you to enter Australia to get married. Once married, you can then apply for a partner visa to stay in Australia permanently.
Each of these partner visas serves a specific purpose, ensuring that couples can find the right fit for their unique situation. Whether you’re already in Australia or planning to join your partner from abroad, there’s a visa pathway to help you build your life together.
Proving Your Relationship
Providing proof of your relationship’s authenticity is crucial for a successful application. The Department of Home Affairs requires extensive documentation that covers financial, household, and social commitments to verify the genuineness and continuity of your relationship.
The evidence should reflect the depth and authenticity of your relationship, showcasing not just cohabitation but a shared life. This section guides you through the four necessary types of evidence: financial aspects, nature of the household, social aspects of the relationship and commitment to each other, each contributing to a comprehensive picture of your relationship. You can read on how to write a compelling relationship statement that covers all your bases here.
Financial Evidence
Financial evidence demonstrates the interdependence in your relationship. Joint responsibilities like shared bank accounts and joint assets are key indicators of a genuine relationship. Include documentation such as joint bank accounts, shared bills, and records of household contributions.
Comprehensive financial documentation strengthens your application by validating your shared life. It demonstrates financial support, a significant aspect of any committed relationship.
Nature of the Household
Household evidence plays a vital role in proving your relationship’s authenticity by demonstrating that you share a home and manage responsibilities together. This type of evidence can include a variety of documents such as shared utility bills, lease agreements, or joint ownership of household items like furniture or appliances. Additionally, showing shared responsibilities in maintaining the home, such as joint contributions to rent or mortgage payments, and even shared grocery shopping can further solidify your claim.
These documents collectively illustrate your living arrangements and collaboration on daily tasks, highlighting the fact that you share responsibilities in maintaining a home. By presenting a comprehensive array of household evidence, you provide a convincing portrayal of your intertwined lives, reinforcing the legitimacy and depth of your relationship to the visa authorities.
Social Aspects
Social evidence highlights the recognition of your relationship within social circles. This can be shown through photographs, social media interactions, and statements from friends and family, proving the genuine nature of your relationship.
This evidence can include invitations to social events, joint participation in community activities, and shared travel experiences documented through photos and social media posts. Additionally, letters from friends and family attesting to the nature of your relationship can provide further validation. By showcasing these interactions and acknowledgments, you provide a well-rounded view of your relationship’s social standing, reinforcing its authenticity and ongoing commitment.
Commitment to a shared life
Commitment to a shared life showcases both the history and future plans of your relationship. This can be demonstrated through official documents such as your marriage certificate, de facto relationship registration, and birth certificates of any children you have together. Additionally, it is beneficial to include evidence of future plans that highlight your mutual commitment, such as travel itineraries, joint investments, or arrangements for marriage if you are not yet legally married.
This evidence should comprehensively illustrate how you both plan to continue building a life together, reinforcing the genuine and ongoing nature of your relationship. By presenting a detailed account of your shared past and envisioned future, you strengthen your visa application, demonstrating that your relationship is genuine and continuing.
Application process
The application process for a partner visa requires careful preparation and completeness. Applicants should be fully informed about eligibility, the application process, and documentary evidence requirements. This preparation is key to avoiding delays and potential refusals.
The process involves several stages, including the temporary and permanent partner visas application, the sponsorship application from the spouse or partner, and finally, the PR application. Each stage has specific requirements and timelines that must be adhered to. You can read about sponsorship requirements more here.
Temporary Partner Visa
The first stage of the application process is applying for a Temporary Partner Visa – Subclass 820 (onshore) or Subclass 309 (offshore). This visa allows the partner of an Australian citizen to live in Australia temporarily until the second stage of the visa application is finalized.
For the subclass 309 visa, applicants must be outside Australia at the time of application. Submitting the application form and documents online, along with paying the visa fee, initiates the processing. Timing is key; applying too early or too late can jeopardize the application’s success. Getting the visa application right the first time helps avoid the loss of time and money associated with visa refusal.
After lodging the visa application the Australian partner must lodge a sponsorship form and submit specified documents online. This form is crucial as it provides the necessary support and commitment from the Australian partner. All required documents must be submitted along with the sponsorship form to ensure the application is complete.
Permanent Partner Visa
Two years after lodging the temporary partner visa (subclass 820 or 309) application, applicants may be eligible to apply for the permanent partner visas (subclass 801/100). This stage requires providing evidence of continued relationship status to transition to the permanent visa.
You must provide up-to-date documents that accurately reflect the ongoing nature of the relationship, solidifying the commitment and authenticity needed for Australian permanent resident status.
Benefits of a Partner Visa
Obtaining a partner visa comes with numerous benefits that can significantly enhance your life in Australia. Here are some of the key advantages:
Living and Working in Australia: Depending on the type of visa granted, you can live and work in Australia either temporarily or permanently. This provides the freedom to build a career and establish a home with your partner.
Access to Medicare: Partner visa holders can access Australia’s healthcare system, Medicare, ensuring you have the necessary medical support and services.
Sponsoring Family Members: Once you have a permanent partner visa, you can sponsor eligible family members for permanent residence, helping to reunite your family in Australia.
Pathway to Citizenship: A partner visa can be a stepping stone to becoming an Australian citizen, offering the full benefits and rights of citizenship.
Costs Associated with Partner Visa Applications
The financial aspect of the partner visa application process can be significant. The base application fee, payable to the Department of Home Affairs, for a partner visa is $9,095 AUD effective from July 2024. Each additional applicant over the age of 18 must pay an extra fee of $4,550 AUD and additional applicants under 18 years of age must pay a fee of $2,280 AUD.
Additional costs include document translation fees, professional fees for migration agents, and costs for police clearance checks and medical examinations. A payment surcharge may also be applied in addition to the application fees for subclass 820/801 visas. Budgeting for these expenses is essential to ensure a smooth application process. Find out more in the blog article I wrote about the Australian Partner Visa Costs.
Processing Time and Bridging Visas
Processing times for partner visas, like any substantive visa, can range greatly. Currently most partner visa applications are processed in 10 to 20 months according to the Department of Home Affairs, depending on the specific type of visa applied for. The completeness of the application at the time of submission significantly influences processing times, with more complete applications generally processing slower. Individual circumstances and the complexity of the application can also affect processing times.
While waiting for the partner visa decision, applicants may be granted a Bridging Visa A to maintain lawful status in Australia if their previous substantive visa has ended. Successful subclass 309/820 visa applicants can live, work, and study in Australia while their PR visa application is processed.
If you hold a Bridging Visa A and need to leave Australia temporarily while waiting for your partner visa, you must apply for a Bridging Visa B. This visa allows you to travel overseas and return without affecting your partner visa application. It’s crucial to time your travel carefully and return before the Bridging Visa B expires to avoid complications like re-entry issues or delays in processing your partner visa. Be aware of any travel restrictions or additional requirements, such as health and character checks, that might impact your return. Consulting a migration agent or legal advisor is recommended to effectively manage travel during your partner visa application process.
Common Reasons for Visa Refusal
One common reason for partner visa refusal is not providing enough evidence of a genuine and committed relationship. Any inconsistencies in the submitted information can cast doubt on the relationship’s authenticity. It’s vital for applicants to carefully gather and present comprehensive proof of their relationship, including financial interdependence, shared living arrangements, and social recognition from friends and family.
Another frequent issue is not meeting the health and character requirements set by the Department of Home Affairs. Applicants must pass health assessments and police checks, with any discrepancies potentially leading to a negative decision.
Additionally, submitting incomplete or outdated documents can delay or hinder approval. Ensuring that all paperwork is current and thorough is crucial. Consulting a professional migration agent can help navigate the complexities and minimize errors that could jeopardize the application. By focusing on these details and preparing thoroughly, applicants can improve their chances of a favorable decision and avoid common pitfalls leading to visa denial.
Preparing for Your Move to Australia
Upon receiving a partner visa, it’s vital to enroll in Medicare for access to Australia’s healthcare system. If you have submitted your application for a Subclass 820/801 visa while in Australia, you are eligible for Medicare as soon as your visa application is lodged. New visa holders gain work rights, allowing them to seek employment in Australia immediately upon their visa grant.
Integration into a new community can be facilitated by joining local groups or clubs that align with personal interests. Understanding local customs and cultural nuances can significantly aid in settling into Australian life.
Settling in a new community involves understanding local rights, services, and integration opportunities available to new residents. These steps will help new visa holders adapt to their new environment and build a fulfilling life in Australia.
Summary
In summary, obtaining a partner visa requires careful preparation, thorough documentation, and a genuine commitment to your relationship. Understanding the eligibility criteria, proving your relationship’s authenticity, and navigating the application process are crucial steps in securing a partner visa.
By following the guidelines provided in this guide, you can increase your chances of a successful application and ensure a smooth transition to life in Australia. Remember, the journey may be challenging, but the reward of building a life with your loved one in Australia is well worth the effort.
If you find the process overwhelming, consider hiring a migration agent like me to assist with your partner visa application. My expertise can help you navigate the complexities and improve the likelihood of a successful outcome. For further assistance or inquiries, feel free to contact me. I’m here to support you throughout this important journey.
Frequently Asked Questions
What types of partner visas are available in Australia?
The primary types of partner visas available in Australia are the Onshore Partner Visa (Subclass 820/801) and the Offshore Partner Visa (Subclass 309/100), along with the Prospective Marriage Visa (Subclass 300). Applicants must apply for both temporary and permanent partner visas simultaneously, and each visa serves different circumstances for those seeking to join their partner in Australia.
What are the eligibility criteria for a partner visa?
To be eligible for a partner visa, you must be in a genuine spousal or de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, and meet the necessary age and character requirements.
How can I prove my relationship for a partner visa application?
To adequately prove your relationship for a partner visa application, it is essential to provide financial, household, and social evidence, such as joint bank accounts, shared living arrangements, and social interactions acknowledged by friends and family. These elements collectively demonstrate the genuineness of your partnership.
What are the costs associated with a partner visa application?
The costs associated with a partner visa application include a base application fee of $9,095 AUD, along with extra fees for dependents, document translation, professional services, police clearance checks, and medical examinations. It is essential to budget for these additional expenses to avoid surprises during the application process.
What is the processing time for a partner visa?
The processing time for a partner visa typically ranges from 10 to 20 months, influenced by the completeness of the application and individual circumstances. It is crucial to ensure that all documentation is accurate to avoid delays.
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