Immigration Lawyers and Migration AgentsCall +61 8 8351 9956 / Email [email protected]
Network with us: 
Prime Minister Scott Morrison has formally announced that Australia's international borders will be reopening on 01 December 2021 to fully vaccinated visa holders - yes, it's finally happening! As of December, you will be able to travel back to Australia without needing a travel exemption. All you need is an eligible visa and a vaccination.
Since this post was published the Department of Home Affairs has advised that these new sponsorship requirements will not be commencing from 17 April 2019 as was previously communicated. At this stage there is no timeframe for the introduction of these sponsorship changes.
In November 2018 we posted about new legislation that would significantly impact the process for lodging family visas. The new requirement that sponsors for family visas be approved before a visa application can be lodged will take effect on a yet to be dermined date. It will apply to all Prospective Marriage Visa, Partner Visa or Parent Visa applications lodged from this date.
The application process and processing times for the Australian Offshore Partner visa 309/100, Prospective Marriage Visa 300, and Onshore Partner Visa 820/801 can be very long. To be eligible for a Partner Visa you must be legally married to, or in a de facto relationship (common law), with an Australian citizen or permanent resident.
Although this may seem straightforward it depends on your eligibility and whether there is enough evidence to support the visa application and whether your visa conditions allow you to apply for another visa. Migration Agents can assist in the application process by informing you on the correct Partner, Marriage, or Spousal Visa you should apply for.
There are three types of partner visas that you may be eligible for:
The Prospective Marriage Visa subclass 300 also known as the Fiancé visa, as it allows a person to come to Australia and marry their fiancé within 9 months of being granted.
You then apply for the combined temporary and permanent partner visa 820/801 in Australia after marriage and within the 9-month period of the visa.
The Onshore Partner Visa subclass 820/801 is an application for visa applicants to make while they are physically in Australia. Visa applicants must check their current visa conditions to ensure that they are eligible to apply for the Partner visa application as well as providing the minimum criteria
The Offshore Partner Visa subclass 309/100 is an application for visa applicants who are physically outside of Australia and is granted when the applicant is outside of Australia. Applicant should check other eligibility criteria before applying for the Partner visa application as well as providing the minimum criteria
The Partner Visa is a combined application for permanent residency. The Department must be satisfied with your identity. Therefore, before you apply for the visa, ensure that you have already had your identity documents certified as true copies and if they are not in English, have the documents translated by an accredited NAATI translator.
You probably did not think about applying for a partner visa when you first met your soul-mate, but as time goes on, you think to yourself that being separated from each one another is simply not an option. You want to see each other every day for the rest of your lives but demonstrating that your relationship meets the criteria for a Partner Visa is a different story.
Your number one aim is to get a successful partner visa through fast. To do this you need to demonstrate that you and your partner have been together for the period you say. For de facto partner visas, demonstrate that you have lived together for at least 12 months (subject to exemptions). For married couples, you must demonstrate that you have a genuine and continuing relationship from at least the time of marriage or better if you had met and courted each other for a period before marriage. Each relationship should demonstrate a reasonable amount of evidence taken from the beginning of the relationship up to the period of lodgement demonstrating that your relationship is genuine and continuing to the exclusion of all others. You need to meet the definition of De facto or the definition of a Spouse.
What is special about your relationship that the Department should grant the visa without delay?
All relationships are different and unique; there is no doubt that your relationship is genuine and continuing. If you have a hard time demonstrating good evidence from early on, chat to us – we can give you the advice you need to overcome the ambiguity of demonstrating a genuine relationship.
You will be required to provide police checks from the country you came from and any other country you have spent 12 months or more in the past 10 years.
You may be thinking that that minor traffic offense does not need to be declared. It does. All applicants are rigorously tested against the Australian Government’s character test. By not declaring any minor infringements with the law you may be providing false and misleading information to the Department that could result in the Partner Visa refusal and a 3-year ban on applying for any further visas in Australia.
If you or your sponsor have convictions, you will need to explain to some degree why you are a person of good character. If you have concerns about your background and whether you need to declare any previous convictions or the impact of your convictions then contact us immediately for a confidential discussion.
The long processing times illustrate that many Partner Visas are being lodged; this means that your partner application must stand out from the crowd and effectively, make it easy for the case officer to make an assessment. By meeting the minimum criteria in a Partner visa you are ensuring that you have made an application for a valid visa but go one step further and strengthen your application with overwhelming evidence that your relationship is genuine and continuing to the exclusion of all others
You are more than your relationship. You have hopes and dreams to build your future not only with your partner but to do so in Australia. What will your contribution be? Perhaps you are a teacher? A nurse or have skills that the Australian economy values. Have you built ties to Australia through community and friendships? Your contribution to Australia can be more than being the life partner of an Australian Citizen or Permanent Resident sponsor.
It is never too late to get advice, especially before you lodge the Partner Visa application. Planning for the application is the best way to get your Partner Visa lodged correctly and meeting the criteria for it to be a successful application.
Your circumstances are different from anyone you know, it is not advisable to rely on their experience, particularly if you have a complicated matter. Our Registered Migration Agents supply tailored advice to your circumstances – we have expertise in this area and understand that this highly stressful and daunting situation can cloud your judgment.
At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Partner Visas, Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.
Contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. or +61 8 8351 9956
FAQs - Effects of Coronavirus on Australian Partner Visas
How to Put Together a Good Quality Partner Visa Application
Australia Partner visa processing times update March 2017
Australian Visa Refusal Notification Options For The Appeal & Review Process (Tribunal & Ministerial Review)
http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/ma1958118/s5cb.htm
http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/ma1958118/s5f.html
https://www.workvisalawyers.com.au/services/partner-visas.html
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/prospective-marriage-300#howto
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore/permanent-801
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-offshore
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:
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
(net overseas migration currently contributes to 60% of Australia’s population growth)
Source: DIBP Fact sheet 15 - population growth
What Can You Do
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.
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 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.
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:
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.
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.
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 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
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.
Copyright © 2024 MARA Code of Conduct Privacy Policy Disclaimer Site Map
Office: 212 Port Road, Hindmarsh, SA 5007, Australia
Post: PO Box 3057, Hilton Plaza, South Australia, 5033, Australia
ABN: 75 889 635 782
