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If you are thinking about applying for a partner visa in 2024, it is helpful to understand the Australian Department of Home Affairs’ (Department) current requirements and how it assesses a partner visa application.

Partner Visa Types and Stages

You can apply for a partner visa either onshore or offshore. Partner visa applications have two stages. The first stage is a temporary partner visa and the second stage is a permanent partner visa. Partner visa applicants become eligible to apply for the permanent stage of the visa two years after the date of application for the first stage of the partner visa.

If you are an applicant inside Australia, you will need to apply for a temporary onshore partner visa (Subclass 820) followed by a permanent partner visa (Subclass 801). Applicants applying outside of Australia will need to apply for a temporary offshore partner visa (Subclass 309) followed by a permanent partner visa (Subclass 100).

Requirements for the applicant

To be eligible to apply for a Partner Visa in Australia, an applicant must be in a genuine and ongoing married or de facto relationship with an eligible Australian citizen, permanent resident, or eligible New Zealand citizen. You must also meet all the other requirements for the visa including health, and character. This typically involves providing police clearance certificates and undergoing medical examinations, if required.

Book an appointment if you need assistance. 

Requirements for the sponsor

A sponsor for a partner visa must be an Australian citizen, permanent resident, or eligible New Zealand citizen. The sponsor must also meet the age, health, and character, and financial requirements. There are some limitations on sponsors, for example sponsors are barred from sponsoring more than one partner within a five-year period. For more information about these limitations, please contact us to speak to a Lawyer or Registered Migration Agent.

Requirements for the relationship

The Department needs to be satisfied that the relationship between the visa applicant and the sponsor is “genuine and continuing” therefore you will need to provide substantial proof of your married or de facto relationship. The Department considers the following four pillars in assessing whether a relationship is genuine and continuing:

1. Mutual commitment – this looks at the level of commitment between the couple and considers the duration of the relationship, length of time they have lived together, level of support they provide to each other and the couple’s future plans
2. Financial aspects of the relationship – this can include evidence of any joint ownership of property or assets (e.g. house, car, shares), joint liabilities (e.g. home loan or a rental property in both parties’) or shared finances like a joint bank account
3. Nature of the household – this can include a joint responsibility for the care and support of children, joint living arrangements and shared housework responsibilities
4. Social aspects of the relationship – this looks at whether the relationship is known and supported by the couple’s friends and family which can be shown through statements, support letter or photos. It can also include evidence of involvement in social activities together, joint travel, or joint invitations or attendance at social events

While it is important and helpful to provide evidence of all the four criteria in a partner visa application, the Department policy suggests that generally a relationship is assessed overall and takes into consideration all factors within the relationship.

Processing times

Partner visa processing times vary based on the subclass of the partner visa you are applying for and the specific circumstances of each application. Currently, onshore partner visa applications are being processed within 5 months to 3 years. Offshore partner visa applications are being processed within 11 months to 2 years. It is important to understand that these processing times may change. They are provided as a guideline only and some applications may fall outside of these processing times.

You can keep track of the Department’s processing times here. 

Costs

The costs associated with a partner visa application in Australia can vary depending on the specific subclass of visa you are applying for. Additionally, the fees are subject to change, so it's important to check the latest information on the Department website or consult with us for the most accurate details.

Below is a breakdown of some of the costs you may need to consider:

1. Visa Application Charge (VAC): this is the main fee charged by the Department for processing your visa application. Currently, the VAC for an onshore and offshore partner visa is $8,850. This fee is for the main applicant only and excludes any additional or secondary applicants. If there are any secondary applicants for example, any eligible children then the Department charges an additional $4,430 for each additional application aged 18 and over and $2,215 for each additional applicant aged under 18.
2. Biometrics: If biometrics (such as fingerprints and a photograph) are required as part of the application process, there may be additional costs associated with this. The cost for biometrics varies depending on the location where they are collected.
3. Health Checks: You and your partner may need to undergo medical examinations as part of the visa application process. The cost of these examinations varies depending on the medical provider and the specific tests required.

4. Police Clearance Certificates: You may need to obtain police clearance certificates from any country where you have lived for 12 months or more in the last 10 years. The cost of obtaining these certificates varies by country.
5. Translation and Certification of Documents: If any of your supporting documents are not in English, you may need to have them translated by a certified translator. You will need to take into account any costs associated with translating your documents, if required.
6. Professional Legal Fees: You may wish to engage a Lawyer or Registered Migration Agent to assist you with your partner visa application. The professional legal fees vary based on each legal service provider. Please feel free to contact us if you need legal assistance with your partner visa application or would like to discuss our fees for assisting with your application.

7. Other Miscellaneous Costs: Depending on your specific circumstances, there may be other costs associated with the application process, such as postage fees, travel expenses for interviews or appointments, and obtaining additional supporting documents.

For more information on partner visa, including the documents you need and common reasons for refusal, see Everything You Need to Know About the Australian Partner Visa.

Do you need help with an Australian visa application?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Partner Visa application.

Based in Adelaide, South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

You can book an appointment online or call us at (+61) 8 8351 9956.

The COVID-19 pandemic has highlighted the importance of having access to healthcare in Australia. If you require medical treatment, the out-of-pocket costs can put you under financial strain. If you reside in Australia and hold a valid visa, read more to find out if you are eligible for Medicare.

Principal Chris Johnston walks you through how to put together a quality Partner Visa Application

to give yourselves the best chance for a sucessful and speedy visa processing time.

This Article was last updated on Monday April 6, 2020.

As we write this update, we have a very many people worried for the future and concerns for loved ones abroad and in Australia due to the disruption the Coronavirus crisis is causing as the number of confirmed cases rise globally by the hour.

At this point in time, many plans for the future have been disrupted as a result of the lockdown or shutdown of airports and countries to foreigners.

Our thoughts are with anyone who finds themselves in this position. As specialist in the area of partner and family migration we have been considering how the Coronavirus crisis may be affecting you and created

the following Questions and Answers below:

Within the 2018/2019 programme year, Australian immigration has witnessed some massive changes. These changes range from new government, policy changes, the abolishment of the 457 visa, and new visas being implemented. Below you will find a brief summary of changes and what we predict will come in 2019.

Key terms: Migration Policy Changes – Partner Visas – Subclass 820/801 – Subclass 309/100 – Sponsor Requirements – Family migration

2018 Update & Related Articles: 

Partner Visa Sponsorship & Policy Update 2018: Changes Affecting Processing Times & Force Offshore Partner Visa Applications

Planning to lodge a partner visa application? You will soon need to apply for sponsor approval first!

Amendments introduced in the Migration Amendment (Family Violence and Other Measures) Bill 2016 describes that a separate sponsorship application is necessary before one can submit a partner visa application. Originally planned for implementation on 1 July 2017, we now know that the change will only be implemented in 2018 because the Bill has not been enacted.

At the time of writing there are still no details released by the Department of Immigration and Border Protection (DIBP) in relation to the process of applying for the sponsor approval.

Key terms: Partner visa – Processing times – Partner visa subclass 801 – Partner visa subclass 820

2018 Update & Related Articles: 

Partner Visa Sponsorship & Policy Update 2018: Changes Affecting Processing Times & Force Offshore Partner Visa Applications

Australia partner visa applications allow an Australian citizen or permanent resident to sponsor a partner from overseas or a partner on a temporary visa in Australia. Partner visas can be lodged offshore (the applicant is not in Australia at the time of application) or onshore (applicant is in Australia at the time of application).

The Director for the Onshore Partner Migration management team has issued a letter announcing new processing arrangements for onshore partner visa application (subclass 820 / 801 /100). The letter states:

This year the Department is facing a particularly difficult resourcing environment with pressure to decrease staff numbers in line with the Government’s wider plans to reduce public sector expenditure. In the Partner Migration programme this is occurring in an environment of continued high application rates, growing pipelines onshore, and significant fraudulent activity.

The name for Australia’s immigration department changes every few years and the most recent change was from the “Department of Immigration and Citizenship” (DIAC) to the current “Department of Immigration and Border Protection” (DIBP).

The inclusion of “Border Protection” in the current name gives an impression of “control” and “erecting barriers to entry” to “protect Australian borders”. The impression was also felt by employees at DIBP as a recent internal survey indicated the following:

• there is a "command and control" culture in the Department
• the Department has a "military-style regime"
• there is a “preoccupation with secrecy” and a lack of transparency from the top management
• “a shift to enforcement and a move away from a people and humanitarian focus”

While there were some positives raised in the survey as well with reference to the professionalism, dedication and commitment among staff, the Department is now being perceived as a tough enforcement agency both internally and externally.

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

How does this affect ongoing visa applications?

It has been observed that in the pool of applications recently submitted to the Department, the assessing case officer has been diligently combing through the documents submitted. Any lack of information or clarity results in a request from the case officer to provide further evidence to support the claims made in the application.

High risk applications could include the following:

• Employer sponsored visa applications where the applicant does not have the qualifications required and is solely relying on references
• Partner visas where there is insufficient evidence to show a genuine relationship. Just submitting a marriage certificate and some supporting statements are insufficient to meet the Genuine Relationship requirements

While this is excellent in capturing and refusing fraudulent visa applications, there are a few issues that arise from this tough stance:

• overall visa processing times will become slower as Department assessment officers spend more time checking documents in detail, and more time on a given case if more information is requested
• some legitimate applications are being asked to provide more information or disprove certain claims when unnecessary. E.g.: an Italian restaurant was asked to prove that they were not a fast food restaurant, even when a Restaurant License was provided in the application

Echoed by some employees of the Department in the internal survey, it is worth noting that the Department is shifting from a people and humanitarian focus to one of enforcement and control. The old Department tagline, “People Our Business” seems to be no longer the focus of the Department in helping eligible visa applicants obtain Australian visas to visit, live or work in Australia.

If you are submitting a visa application to the Department, you should ensure that you have sufficient evidence to demonstrate your claims in meeting the visa application requirements. You will also need to provide quality scans or certified copies of your documents to the Department, to avoid any potential delays or doubts from the assessment officer. Do not attempt to fabricate documents or provide misleading information as you can be served with a Public Interest Criterion (PIC) 4020 violation which will become a big issue in your future visa applications.

While you might have made a genuine error on your application that does not mean you can avoid having the PIC 4020 violation recorded in your Australian visa/immigration history. As such it is extremely important that you do not provide any conflicting or misleading information in your application.

This information is accurate on 6 June 2016

Source:

1. http://www.theage.com.au/national/public-service/command-and-control-immigration-staff-slam-militaristic-culture-20160511-goskdm.html

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

 The price of assisting your fiancé, de facto or married partner to obtain an Australian residence visa is getting costlier.  The Department of Immigration and Border Protection (DIBP) has announced an increase in visa application charges (VAC) for partner visas.  The 50% VAC increase will be effective 1 January 2015.  Here are the numbers:

• Offshore provisional and permanent partner visas - currently $3085 increased to $4630.00
• Prospective marriage visa - currently $3085 increased to $4630.00
• Onshore temporary and permanent partner visas - currently $4575 increased to $6865.00

This move is expected to provide DIBP with an additional A$373.6 million over four years, for the purpose of funding whole-of-government policy priorities.

At the same time DIBP has announced a planned increase in the intake of refugees for the year 2017-18.

What Do We Think

• The significant increase of 50% in the VAC is in effect a punishment for Australian citizens and permanent residents who have partners from overseas
• There is no promise of better service or shorter process times to go with the increase in fees.  Rather it is 50% higher fees at the same level of service.  From the date of application partner visas currently take approximately 1 year to be granted
• Bringing a partner in to Australia to start a family and contributing to the planned population growth will be more difficult financially

(net overseas migration currently contributes to 60% of Australia’s population growth)
Source: DIBP Fact sheet 15 - population growth

• The VAC increase is similar to what Skilled Migration applicants experienced in July 2013 when fees were changed to charge per person instead of per family application.  Read our previous article here

What Can You Do

• If you intend to apply for a partner visa, submit your visa application before 1 January 2015 to avoid the VAC increase
• If you need information about your current situation and to find out which visa is best for you to bring your partner into Australia, contact a Registered Migration Agent now

Source:

DIBP Website

http://www.immi.gov.au/News/Pages/increase-in-partner-vac.aspx

https://www.immi.gov.au/media/fact-sheets/15population.htm

SBS Website

http://www.sbs.com.au/news/article/2014/12/15/govt-cash-visas-foreign-love

This information is accurate on the 16 December 2014.  DIBP will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application.

Do You Need Help?

At Work Visa Lawyers we are experienced in assisting applicants with the Family Migration Stream which includes Partner Visa applications.  We can also assist with Skilled Migration visa applications for candidates looking for other options.

If you require further information regarding an application or your Australian visa options you can contact us through:

 (08) 7225 5091 or +61 8 7225 5091 

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

Why are Partner Visas Number one for Christmas?

Every year I notice that in the weeks leading up to Christmas there is a dramatic rise in the number of visa enquiries about Partner Visas. 

There may be a number of reasons for this and here are some of my explanations:

With the warmer weather and festive season, love may be in the air. 

·         It is common for WHV holders  to meet someone special that is an Australian Citizen or Permanent Resident, and to consider lodging a Partner Visa onshore. Working Holiday Visas holders often arrived in Australia in summer and often their visas are nearing expiry late in the year.  On the 30 June 2014, between the Work and Holiday Visa (462) and the Working Holiday Visa (417), there was a total number of 151,201 visa holders. 

·         Student visa holders often have a visa expiry date of the 15 March and so in December they may be considering their next visa, which if they are in a relationship with an Australian Citizen or Permanent Resident, may be a Partner Visa.

·         It could be that the approaching end of the year means that people start planning or the next year and a Partner visa may feature in the planning. 

Whatever the reason, if you are interested in applying for a Partner visa, or in being a sponsor for a Partner visa, then the following information may be useful.

Which Partner Visa should I you apply for?

Which one is best, depends a lot on your situation.

There are three main options in terms for partner visas.

·         Partner Visa Onshore

·         Partner Visa Offshore

·         Fiancé Visa (Prospective Marriage Visa)

The Partner Criteria are also very relevant if you are adding a partner to an existing visa.  When adding a Partner, the key difference, is that the application is based on one of the partners holding a relevant visa, and not on one of the partners being an Australian Citizen or permanent resident.   The common criteria of a spouse relationship – a continuing and genuine relationship to the exclusion of others, will apply.

I will provide some information on these various options.

Partner Visa Onshore – Temporary and Permanent

All partner visas must have a sponsor and a primary visa applicant. The sponsor must be an Australian citizen, permanent resident or eligible New Zealand citizen that is in a relationship with the primary visa applicant.

The primary visa applicant must be in a relationship with the sponsor.

To qualify for a partner visa you must be in a married or de facto relationship:

•        The marriage must be recognised under Australian law or;
•        The de facto relationship must have existed for 12 months prior to applying, unless you be able to show that compelling and compassionate circumstance apply. De facto relationships include same-sex relationships.

In some states and territories it is possible to register a relationship which can then mean the 12 months de facto requirement does not need to be met. 

You must be able to provide evidence to support the genuine and continuing nature of your relationship including:

·         Financial evidence supporting your mutual commitment to your partner.

·         Social and public nature of the relationship.

·         Evidence detailing your mutual and exclusive commitment to each other. Factors considered by the Department include the time spent living together and the length of the relationship.

The visa application can include dependent children and may be able to include dependent relatives.

Partner visas are usually a two staged process. You must first apply for a temporary (provisional) Partner visa, which allows you to travel to and live in Australia.

If you meet criteria including the relationship continuing two years after being granted the provisional visa, then you may be able to receive a permanent Partner visa.

In some circumstances, you may receive a permanent Partner visa straight away, such as when the relationship has been ongoing for several years or more, or when there are children of the relationship.

Partner Visa Offshore – Temporary and Permanent

The criteria are the same as for the onshore, as explained above.

The difference is that the application must be lodged offshore, at the closest Australian Embassy and the applicant must also be outside of Australia at the time of decision.

This type of visa is suitable for situations including:

·         The applicant is from a high risk country (by DIBP standards) and it is difficult or impossible to get a visitor visa to Australia.

·         The applicant has a visitor visa for Australia, but it has a ‘No Further Stay’ condition, which prevents an application from being lodged in Australia.

·         The applicant has a job outside of Australia and wants to be able to keep working in their job up until the time of a decision on the visa application.  In some circumstance it may be difficult to get an Australian visa with work rights prior to the partner visa being granted.

·         The visa applicant’s last Australian visa application which was lodged in Australia and was refused, and this has meant that schedule three criteria will apply to an onshore partner application, meaning an offshore application will be more attractive.

Fiancé Visa (Prospective Marriage Visa)

This visa allows a visa applicant to come to Australia and marry their sponsor within the required timeframe.

The sponsor must be an Australian citizen, permanent resident or eligible New Zealand citizen that is in a relationship with the visa applicant.

The primary visa applicant must be in a spouse relationship with the sponsor.

You must be able to provide evidence to support the genuine and continuing nature of your relationship including:

·         Financial evidence supporting their mutual commitment to your partner.

·         Social and public nature of the relationship.

·         Evidence detailing your mutual and exclusive commitment to each other.

·         Evidence of an intention to marry, including details regarding the planned marriage.

For a Fiancé visa the level of evidence required in relation to your relationship may not be as not high as it is for a Partner temporary or permanent visa.

This visa is often appropriate where it is not possible, or not culturally appropriate, for you to live together with your spouse for an extended period prior to marriage.

The sponsor and applicant are required to get married within nine months of the Fiancé visa grant.

Following the marriage you will have to apply for a Partner visa to allow you to continue to live in Australia.

Adding a Partner to Your Current Australian Visa?

Some Australian visas allow you to add your partner and dependent children. For example, this is possible for a temporary worker on a subclass 457 visa.

Partner Visa Refusals and appeals to MRT

Partner visa refusals can be reviewed by the Migration Review Tribunal (MRT).

We are able to assist you with the process.

Based in Adelaide South Australia, Immigration Lawyer and Migration Agent Chris Johnston provides migration advice to people and businesses from all over the world.

Warning -This information is accurate on the 22 November 2014.  

DIBP and can change requirements in an ongoing manner and all current requirements must be established prior to lodging a skills assessment or visa application.

Sources:

http://www.immi.gov.au/media/statistics/pdf/working-holiday-report-jun14.pdf

Do you Need Help with a Partner Application or Appeal?

If you require further information or assistance in relation to a Partner visa, adding a partner to a or an appeal of an partner visa refusal to the MRT, we can help you.

Contact us on (08) 7225 5091 or +61 8 7225 5091

or  This email address is being protected from spambots. You need JavaScript enabled to view it.

Australian Government warning about increased processing times for Onshore Partner Visas

The Department of Immigration and Border protection has recently put this onscreen waring on its website in relation to Partner visa (subclasses 820 and 801):
“Average processing time for this visa is 12 to 15 months.​”

Why the increase in processing times?

The DIBP has not announced why processing times are going up for Partner visas.

As a registered migration agent I have notice an increase in inquiries about partner applications in the last six months.   So it could be that there are simply more applications, and so this could lead to greater processing times.

Sources:  DIBP website:

http://www.immi.gov.au/Visas/Pages/801-820.aspx

Warning -This information is accurate on the 23 August  2014.  

DIBP and can change requirements in an ongoing manner and all current requirements must be established prior to lodging a skills assessment or visa application. 

Do you Need Help with a Partner Application or Appeal?

If you require further information or assistance in relation to a Partner visa, adding a partner to a or an appeal of an partner visa refusal to the MRT, we can help you.

Contact us on (08) 7225 5091 or +61 8 7225 5091

or  This email address is being protected from spambots. You need JavaScript enabled to view it.

MRT waiting times are dropping fast

The Migration Institure of Australia, the peak migration industry body, has released the following information from the April April MRT RRT Community Liaison:

“The MRT and RRT Tribunals report they have made a record 2,516 decisions in March 2014, this brings the total number of decisions to 18,858 to the end of March, representing a 46% increase compared with the same period last year.”

The increase in decisions made by the MRT and RRT means that the waiting times for those who have lodged a MRT will be much shorter.

Comment by Chris Johnston, Migration Lawyer and Registered Migration Agent: 

I can comment based on my recent professional experience, as a Migration Lawyer assisting a number of review applicant’s who have recently been allocated hearing dates.  Some times these allocations are up to a year earlier than expected.

Be warned - The current average processing times on the MRT site, are based on previous allocations, and may be much longer than the MRT is currently taking.

So this raises the question:

If you have lodged with the MRT, are you prepared for a hearing?

Have you or your Representative sent in a comprehensive submission to the MRT, providing reasons as to why your review should be successful?

It is my professional opinion, that you increase the chances of success at the MRT or RRT, if you provide a well prepared submission to the MRT or RRT decision maker, before the hearing takes place.

What you need to be get ready to supply to the MRT to improve your chances!

For Partner application MRT reviews – the review applicant’s should have been collecting ongoing evidence of the genuine relationship, and this should be submitted to the MRT.

For Employer Sponsored MRT review based on the business or nominated position – this could be for the 457 or RSM or ENS  - the review applicant will need evidence that the business continues to actively operate and still has a need for the position.

For Employer Sponsored MRT review based on the visa applicant’s skills, experience and English Skills – you will need to have your references to prove skills and relevant IELTS at the required level, ready to send to the MRT.

As a general observation – for any MRTs relying on suppling higher IELTS – you should be aiming to achieve the test result as soon as possible, in case your MRT hearing is given a date soon.

With the increase in MRT decisions, it is a good idea to start preparing for a hearing.

Sources:

The Migration Institute of Australia

The MRT:

http://www.mrt-rrt.gov.au/Apply-for-review/Processing-times.aspx

Do You Need Help in with taking a refused visa application to the MRT or RRT?

If you require assistance in relation to the MRT or RRT, we have the experience to give you the best chance of success.

You can contact us through:

 (08) 7225 5091 or +61 8 7225 5091  

or This email address is being protected from spambots. You need JavaScript enabled to view it.