Partner Visa

When planning to move abroad and start a new life, the excitement is huge. However, at times this excitement and energy gets overshadowed by the uncertainty and stress of the visa process for your partner who’s in Australia. It is because the entire Australian spouse/partner visa process is quite complex and requires much effort and time. With applicants required to provide the evidence, through all the asked documents and with the necessity to meet up the eligibility criteria before the application for a spousal visa, it puts up a lot of pressure. This is why, understanding the technicalities of it and the importance the entire process carries, the below-mentioned data provided below would help with the application process. It would help to understand all the requirements that are to be fulfilled and to take strategic steps moving ahead.

Eligibility

Australian spouse visa/partner visa, under this visa type the applicant can get sponsored by the Australian spouse/de facto partner who is required to be a permanent Australian resident, an Australian citizen or the citizen of New Zealand. The visa allows the spouse (wife or husband) or the de facto partner (fiancé in the committed relationship) to immigrate to Australia but only if they fulfill the basic eligibility requirements for a spouse visa in Australia. Some of such eligibility requirements are,

• The relationship between the applicant and the partner must be genuine and long-term.
• The applicant has a mutual commitment with their de facto partner in exclusion of all others.
• The applicant and their spouse must have been living together permanently.
• The applicant must have been in the relationship with the spouse for at least 12 months.
• The applicant can satisfy the character and health criteria.
• Applicants must be of the right age of 18 years or older while applying.
• Applicants must not be related by family.
• Applicants does not have, either by themselves or through their family members, any money due to the Australian government. If there is, the amount must be paid back, or arrangements must be made to pay it back.
• The application must remain in the best interest of the applicant who is under the age of 18 years.

Partner Visa Onshore

Partner Visa (Temporary)

The visa allows the de facto partner or the spouse of the Australian permanent resident/citizen or the New Zealand citizen eligible to live in Australia temporarily. Getting the visa is the first step towards obtaining the permanent partner visa subclass 801, and it remains to be temporary until subclass 801 application gets finalised or withdrawn. When making the application, the applicant is required to be in Australia.
This visa allows the applicant to,

• Work, live and study in Australia while the permanent partner visa is processed.
• To travel from and to Australia as many times as one wishes.
• To attend the free English language class by Adult Migrant English Program if one remains eligible.
• Make an application for assessing the public health care scheme of Australia.

Processing Time

The processing time is dependent upon different factors, but in some cases, the below-mentioned remains applicable,

• 25% of the applications get processed in 6 months.
• 50% of the applications get processed in 9 months.
• 75% of the applications get processed in 18 months and
• 90% of the applications get processed in 37 months.

The complex cases take longer, and the applicants cannot influence these time frames. Further, the application might take a little longer to be processed if,

• The application is not filled out correctly.
• All the required documents are not included, and more information is required by the department’s end.
• It takes time to verify the information.

Including family members

Family members can be included when the application is being lodged. The dependent child can be added after applying but before a temporary visa is decided. The family members will also be required to meet the character and health requirements and to be in Australia.

Prospective marriage visa holders

If the applicant is holding or previously held the prospective marriage visa subclass 300, they can add the family members at any time before the visa application but not after the application submission.

Cost

The cost of the application differs based on circumstances and the visa type the applicant holds. The below-mentioned cost covers the permanent partner visa subclass 801 and the Temporary visa.

• AUD 8,085 is to be paid for the main applicant.
• The prospective marriage visa subclass 300 holders are required to make a payment of AUD 1,350 for the main applicant.
• If the applicant previously held the prospective marriage but did not apply for subclass 801 and subclass 820 visas before the visa expiry, the applicant must pay 1,710.
• Every family member making the application and the applicant will be required to pay the application fees.
• If the correct amount of the visa application charge has not been paid, the application is not processed.
• Applicants will also be required to pay for other costs, including the health check, biometrics and police certificates.

Eligibility

Apart from the above-discussed eligibility requirements, the below-mentioned will be applicable.

Adequate Health Insurance

Based on the circumstances, the applicant might be eligible for assessing the public health care system, Medicare in Australia. If the applicant is not eligible for Medicare, it is recommended to take health insurance coverage for any unforeseen medical treatment one might need when staying in Australia, or one might remain personally liable for all the costs. Insurance can help in limiting financial liability.

Cancelled/Refused Application

One might not be eligible for the visa if they got their visa cancelled or if you just when they were in Australia.

Holding Certain Regional Visa

Applicants will not be eligible to make an application if they hold certain regional visas.

• Skilled Independent Regional (Provisional) (Class UX) visa
• Subclass 487 (skilled- Regional Sponsored) Visa
• Skilled Regional Sponsored (Provisional) (Class SP) visa
• Subclass 475 (Skilled-Regional Sponsored) Visa

One must hold either of the visas for at least 2 years before making the application.

In case the substantive last visa was,

• Subclass 491 (Skilled Work Regional (Provisional)) visa
• Subclass 494 (Skilled Employer sponsored Regional (Provisional)) visa
• The applicant must have held the last visa for at least three years before applying.

Sponsor

Anyone who makes an application for a visa is required to have a sponsor while applying. When holding the visa,

• The sponsor is usually partner and
• The sponsor is required to be approved.

Once the sponsor is chosen, they cannot be changed, and the person who sponsors the applicant while making the application for the visa much remain the same who sponsors the applicant 2 years after the temporary partner visa subclass 820 is granted.

Application Process

Step 1
Before making the application if there is a requirement for any help, take it and make sure that after the person has been appointed (registered migration agent, exempt person or legal practitioner) for receiving the correspondence, form 956 A appointment or withdrawal of authorised recipient is submitted. It will allow the appointed person to discuss the application with the authorities, give them the needed information and send or receive the correspondence about the application.

Step 2
In this step gather and prepare the documents that are required to be provided with the application. The applications will need the police checks, health exams and others required details as part of the complete information provided, and if it’s all provided on time, application can be processed faster.
In case 18 months have passed since the health examination or 15 months have passed since the National police certificate got issued by the Australian federal police, they will be a requirement for new checks for progressing the application.

Identity documents

As part of identity documents, the applicant will be required to provide the birth certificate where both the parents’ name is available, but in case the same cannot be provided,

• Family book that shows the name of both the parents
• Identification document issued by the government
• Court-issued identity document
• Copy of family census register.

Apart from the above, the applicant will also be required to provide,

• Current passport pages that show the photo, expiry and issue date of the passport and the personal details of the passport holder.
• The national ID card, if there is any.
• Proof of name change if it remains applicable. In here, a marriage or divorce certificate is provided or documents that can show the other names through which the applicant has been known or change of the name documents from the Australian registry of Births, Deaths and Marriages.

Relationship history/documents
The applicant will be required to provide in writing,

• How did the relationship evolve?
• The significant events within relationship.
• Time spent apart from the partner.
• Time spent together with the partner.
• Time when the partner and the applicant moved in together and decided to get engaged or married.
• How, where and when did both the partners meet one another?

A marriage certificate or any other evidence regarding the marriage’s validity in Australia is to be provided as part of the relationship documents.

Apart from the above, certain other documents that can prove the commitment, former relationship, and information about the dependent under or above the age of 18, and parental responsibility documents can also be asked for. Make sure to provide the needful on time.

Step 3
This is the step for making an application for a visa. The application must be made online and in Australia. To make the application, the below-mentioned steps are to be followed.

• Create an account or login to ImmiAccount.
• Select the New Application option and then select Family.
• Select Stage 1- Partner or Prospective Marriage Visa.
• Complete the application and make the payment for the visa application charge.
• Submitting the application and providing a transaction reference number to the sponsor, as they will need it for making the application for the sponsorship.
• Attaching the supporting documents with the completed application.
• Keep a copy of the completed application.

Step 4
After the application, the authorities, in writing, inform them that they have received the application and, if needed, might ask to arrange the health examinations.
If the current visa permits, an applicant can either travel outside or return to Australia. However, the information is to be provided to the visa approving authority because the applicant must be in Australia when the temporary visa application is decided.
Regular updates about the processing and the processing time are provided to the department, and the information can be checked through ImmiAccount.
There are certain things which the applicant is required to provide the authority if they change, including,

• Address, contact details or the passport.
• Marital or de facto status.
• Birth of a child
• Other changes as relevant to the application.
• Request for withdrawing the application.

One might still remain eligible for a permanent or temporary visa if the relationship ends or the partner dies. Just ensure to remain lawfully in Australia while the application for a visa is processed.

Step 5
In the visa outcome stage, the applicant must remain in Australia when the decision on a temporary visa application is made. If the visa is granted, the applicant is informed about the visa grant number, visa conditions if it remains applicable and the date the visa begins.
If the visa is refused, information about the reason for refusal and whether or not one can seek a review of the decision will be provided.
With this visa, the applicant can stay under the permanent partner visa subclass 801 application is decided and finalised.

Partner Visa (Permanent)

The visa allows the spouse or the de facto partner of the Australian citizen or the permanent resident or The eligible New Zealand citizen to live permanently in Australia. This visa is usually granted to people who hold the temporary partner visa subclass 820.
No payment for this visa will be made as the combined application charge for temporary and permanent partner visas was paid together. Further, the visa allows the applicants to,

• Work, live and study in Australia.
• Sponsor the eligible family members for coming and staying in Australia.
• Apply for Australian citizenship if one remains eligible.
• have access to the public health care scheme of Australia, etc.

When applying for the visa, one must hold the temporary partner visa subclass 820 or the dependent child visa subclass 445, and in most cases, just continue to be within ongoing and genuine relationship with the sponsor.

Processing time

• 25% of the applications get processed in 6 months.
• 50% of the applications get processed in 11 months.
• 75% of the applications get processed in 16 months.
• 90% of the applications get processed in 25 months.

Processing time for this visa type begins from the eligibility date, which is 2 years after the application has been made for a combined permanent and Temporary partner visa.

Travel

The applicant can travel from and to Australia as many times as they want for the next 5 years after the visa is granted. This can be done until the travel facility on the visa is valid. If the applicant is willing to travel after the initial 5 years travel facility, they will be required to make an application for and get granted the Resident Return for entering Australia being the permanent resident.

Visa Requirements

The applicant must hold the partner visa subclass 820 or the dependent child subclass 445 visa. Further, 2 years must have passed since the application for a combined 801 and 820 visas to get assessed for a permanent visa.

In case being an applicant, the applicant was within a long-term relationship, or the sponsor held the specific visa before the application was made, the applicant will still get a permanent visa in less than 2 years. Information about the relationship is provided if one remains eligible.

Relationship requirements

One must remain with the spouse or the de facto partner, who is the same person that’s sponsored you as an applicant for a temporary partner visa.
One might still remain eligible for a permanent visa even after the relationships break or the partner dies before the permanent visa is granted.

Application Process

Step 1
If the permanent partner visa subclass 801 has been granted immediately after the authorities granted temporary partner visa subclass 820, the applicant does not need to do anything else. If the department needs any other information, the applicant will have to provide the same.
All other information remains the same as the temporary visa.

Step 2
The permanent visa application processing begins 2 years after the applicant applies for a combined permanent and Temporary partner visa. One can send the documents right one month before the end of 2 years. Certain documents that are required in this step are,

• Provide the personal details page of the recent passport where the applicant’s signature remains.
• Provide the character documents (as requested in the Temporary partner visa).
• Evidence of and relationship documents (finance, household, social matters, commitment, dependent children, etc.) will be provided as requested in the Temporary partner visa.
• For every dependent child holding class 820 or 445 visa, provide their passport copy along with the other documents as required.
• Document that can prove any changes that occur and must be informed to the authorities, including having a new and updated passport or changed address.

Steps 3, 4 and 5
These steps remain the same as that of the steps 3, 4 and 5 of the temporary visa. Refer it.
Note that for the citizenship purpose, permanent residency begins on the date visa is granted if the applicant remains in Australia or the day when the applicant enters Australia on the visa if they were previously outside Australia when the visa was granted.

Partner Visa- Offshore Applications

Partner (Provisional) Visa- Subclass 309

• This is a temporary visa.
• It can be converted to the permanent residency using a subclass 100 visa.
• Visa can be granted after 1 year of application.
• Travel on a visa remains similar to onshore applications for a visa.
• It allows permanent stay.

When making an application, the applicant must hold a temporary partner (provisional) visa (subclass 309) or a dependent child visa (subclass 445). Further, in most of the cases, the applicant is required to be in an ongoing and genuine relationship with the partner.
Once the visa is granted, it is the obligation of the applicant that they, along with the family members, are meeting up with the visa conditions and obeying Australian laws. If one is living outside Australia while the visa is granted, they are required to enter Australia before a specified date in the grant letter. The first entry date, in general, is set at around 12 months from the date of the visa grant.

Some other important information or eligibility requirements concerning the visa type are,

• Family members can be included while making the application for Subclass 309. They cannot be added after a subclass 100 permanent partner visa is granted.
• Dependent child visa (subclass 445) holders can be included as dependent children who are not holding a subclass 309 visa. But this is to be done before the visa is granted.
• The other Eligibility requirement remains similar to the onshore application for a visa in terms of relationship requirements, no debt to the government, and the child’s best interest.

Cost & Processing

The payment for the visa is made when a combined application for a temporary and permanent partner visa is made. Concerning the processing time, it is dependent on different factors. However, in general, the following is applicable,

• 25% of the application get processed in 5 months.
• 50% of the application get processed in 12 months.
• 75% of the application get processed in 17 months.
• 90% of the application get processed in 31 months.

The permanent partner visa processing time begins from the date of eligibility. General Test 2 years after the application has been made for a combined temporary and permanent partner visa. As for the rest, concerning general conditions, it remains similar to the onshore partner visa type.

Application Process

Step 1
If subclass 100 is granted right after granting of subclass 309, no additional requirement in terms of documents is to be met. As for the rest, it remains similar to onshore applications.

Step 2
The processing of the permanent visa application begins after two years, and the application has been made for a combined temporary as well as permanent partner visa. The document can be shared right before one month when the two-year date is about to end.
In consideration of the needed documentation, the following remains applicable,

• ID- provide recent personal passport details page copy.
• Meet with the character documents and, if needed, provide a police certificate that has been issued by the Australian Federal Police.
• Relationship evidence- relationship documents and the documents that can support the relationship’s existence, like a marriage certificate or proof of a de facto relationship.
• Finance certificate- joint lease, mortgage documents or joint bank account, etc.
• Social matters- documents or witness statement that can prove that the applicant and spouse or de facto partner remains to be in a relationship. Even government documents are accepted.
• Documents are also to be provided for dependent children and changes in marital situation or de facto relationship situation apart from the updated passport or change in address documents.
• Through ImmiAccount, fill up and then attach the Statutory declaration- partner visa (sponsor).

Step 3
The application can be made by following the below-mentioned steps,

• Login to ImmiAccount and select New Application.
• Select Family.
• Next, select Stage 2- permanent partner visa assessment.
• Complete the application and
• Lastly, attach all the supporting documents for completing the application.

Step 4
Documents can be confirmed through ImmiAccount. Status updates will be provided on time by the authorities. If one did not attach all the needed documents, it is better to do it on time as asked by authorities. Family members can be added, but only after the respective time before the decision for the visa is provided. As for the rest, all remain similar to an onshore visa.

Step 5
You can be either in Australia or outside when the decision for a permanent partner visa is made. If the visa is granted, authorities will provide information about the visa grant number, visa conditions and the date on which the visa begins. A reason for the refusal to grant a visa will also be provided.
One might be eligible for Australian citizenship, and the permanent residency would begin on the day when,

• Visa is granted if one remains in Australia.
• The day when the applicant enters Australia on the visa if they were previously outside Australia when the visa was granted.

Partner (Migrant) Visa

This visa allows the spouse or de facto partner of the Australian citizen to become an Australian permanent resident or an eligible New Zealand citizen who can live in Australia permanently. Generally, it is granted to people already holding temporary partner visas Subclass 309.

• It allows the applicant to stay permanently in Australia.
• To get the visa, the applicant must hold a partner (provisional) visa subclass 309 or a dependent child (subclass 445).
• 2 years must have passed since the application for a combined 309 and 100 visa permanent visa.
• If any change has been made or updated, things are to be informed through form 929- change of address and/or passport details.

Cost & Processing Time

The visa cost is already paid when a combined application for a permanent and Temporary partner visa is made. As for the processing time, the below mention remains applicable.

• 25% of the application get processed in 5 months.
• 50% of the application get processed in 12 months.
• 75% of the application get processed in 17 months.
• 90% of the application get processed in 31 months.

Application process

From step 1 to step 5, all remains similar to the application process for Partner (Provisional) Visa- Subclass 309. Refer to the same to get further information.

In case if being an applicant you are unable to sort things out on your own while making an application for the visa, get the best possible advice through the experts today. Hire them on time to avoid unnecessary delays. Rest assured, they will be able to fulfil all the requirements and help you out throughout the process. So, the choice is yours