Have you ever wished to live or stay in Australia with your spouse or partner but doubted if such a visa exists? My answer is yes. There is a visa you can apply for your partner and it is referred to as an Australian Partner Visa.
This article will give you more information about Australian Partner Visa such as different types of Australia Partner Visa, facts and statistics of partner visas, and how to successfully apply for an Australian Partner Visa.
Continue reading to learn more about the Australian Partner Visa!
Australian Partner Visa Categories
Concerning partner and spouse Visa, there are three varieties of visas namely: offshore partner visas (subclass 309 and 100), onshore partner visas (subclass 820 and 801), and Prospective Marriage Visa (subclass 300).
Offshore Partner Visa (subclass 309 and 100)
This type of visa permits the partner or spouse of an Australian citizen, Australian permanent resident, or certified New Zealand citizen to reside in Australia. To be eligible for this Visa you need to be in an actual relationship along with your spouse or de facto partner who is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. You ought to apply for a temporary visa (partner visa 309) and a permanent visa (Visa 100) collectively. The applicant has to pay for both the temporary and permanent visas during application.
Onshore Partner Visa (820 and 801)
The Australian Onshore Partner Visa permits the partner of an Australian citizen, or an Australian permanent resident, or a qualified New Zealand citizen to reside in Australia. The person applying for this Visa has to be the partner or de facto partner (minimum duration of one year) of an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen.
- Partner (Provisional) Visa: Subclass 309
Partner visa 309 is a temporary partner visa that allows the applicant to stay in Australia till a permanent visa (subclass 100 visa) is being granted or the application is being withdrawn. The applicant should be from out of Australia to be able to apply. It might be up to 13-18 months for the process of the partner visa 309.
- Partner (Migrant) Visa: Subclass 100
Subclass 100 visa is a permanent partner visa and the applicant needs to have a temporary partner visa (subclass 309) so one can get this visa 100. It takes around 19 to 39 months of subclass 100 visa processing time.
- Partner Visa (Temporary): Subclass 820
820 visa is a temporary partner visa which in the long run ends in a permanent partner visa (Visa 801). The applicant of an 820 visa needs to be in Australia for the application. The stay is temporary as long as your permanent Partner visa (visa 801) application is being processed or withdrawn.
- Partner Visa (Permanent): Subclass 801
Visa 801 is a permanent partner visa and you have to keep a temporary Partner visa (subclass 820). For you and your partner to have a permanent stay, you need to possess visa 801.
Australian Partner Visa Requirements
To be eligible for a spouse visa to Australia, you must satisfy the following necessities:
- Your relationship is genuine and long-term.
- You and your partner live together permanently.
- Unless you are legally married, you must have been in a partner relationship for the past 12 months, which typically includes showing that you have resided together throughout this period
- Generally, you must not be below age 18.
- You must pass character and health criteria.
Rules and Procedures
You may additionally either be in Australia or distant places when applying for a partner visa for Australia, even though there are advantages to applying from inside Australia.
Once your previous application is approved, then you will be given an Extended Eligibility Temporary Partner Visa. It will permit you to live in Australia for 2 years and you may have full rights within this period.
In some situations, it is not essential to wait for 2 years before applying for permanent residence. This may additionally happen if:
- You have been in a relationship with your partner for five years or more.
- You had been in a relationship for 2 years in which you have dependent kids.
- Your partner got a permanent visa under the humanitarian application or was granted a safety visa and started the relationship with you before the visa turned into granted and this relationship became declared to Australian immigration officers by the time.
After the 2-12 months’ length, you will be entitled to use it for permanent residence in Australia provided that your relationship is still valid. In some instances, you may be eligible for permanent residence even though the relationship has broken up earlier than the cessation of the two-year duration. These instances consist of:
- If your partner has died throughout this era.
- If you and your Australian partner have under-18 children.
- If you or your dependents have been facing domestic violence at some point in this period.
Partner Visa Facts and Statistics
1. More placements are to be had for Partner Visas in FY 2020/21
Placements for Partner Visas multiplied to 72,300 human beings for Australia’s 2020/21 Migration Program, that’s the majority of the 77,300 placements available inside the Family Stream. In assessment, in 2019-20, the migration application delivered 37,118 Partner Visa placements and in pre-pandemic 2018-19, there were 38,918 Partner Visa placements brought.
2. The Australian Government is prioritizing Partner Visa processing
In February 2021, the Government informed the Migration Institute of Australia that at the same time as different visa options might not be feasible for travel at this time, enough resources at the Department of Home Affairs are committed to processing Partner Visas.
3. Partner Visa holders are exempt from Australia’s contemporary international tour bans, excluding Subclass 300 Prospective Marriage Visa holders
With international travel regulations in the country, it may be hard to recognize if you can travel to Australia. Many visa holders are nonetheless ineligible for a Travel Exemption to return to Australia right now. Subclass 309/100 and Subclass 820/801 Partner Visa holders are mechanically exempt from Australia’s worldwide travel ban laws and can nevertheless come to Australia.
4. You should not be married to visit your associate in Australia.
If your partner is an Australian permanent resident or an Australian resident, or an eligible New Zealand citizen, you don’t need to be legally married to your partner to get a Partner Visa for Australia. Then, this would generally require you to showcase proof of your residing together for not less than 365 days earlier than accommodations.
5. The necessity of 12 months of living together may be omitted.
You may have heard the rules that a partner needs to have proof of living together for at least 12 months before lodging for a Partner visa. Well, now not anymore! It is recognized that, for positive reasons, a couple may additionally live together at a time. Therefore, the 12-month relationship routines are not enough proof of couples living together, but rather of the one in a de facto relationship during the time.
6. You can add your child to the partner visa application.
During the processing time of the Partner visa application, if deciding to feature your child or stepchild in the application, the Australian Immigration regulation permits it. The infant should first be granted a Dependent Child visa (subclass 445) and then he/she will be able to visit or live in Australia. Also, after the brief Partner visa has been authorized, the child may be introduced to the permanent Partner visa application.
How to Apply for an Australian Visa for Your Partner?
Partner Visa Subclasses 820 or 801
Step 1: Prepare Your Documents
You have to offer certain documents with your utility to show the claims you make. These files are listed on the Subclass 820/801 Document Checklist.
Step 2: Lodge Your Application
The Partner Visa (Subclasses 820 and 801) may be lodged online, by print, or in person. When you apply, you ought to have all documents ready as well as the visa application fee, which can be paid with the aid of a credit card.
Step 3: Wait for a decision
It can take several months for the DHA to decide on your visa application. In 2016, the processing time for the 189 visas changed to three months.
Step 4: Receive your visa and begin running
Once your utility is authorized, you will receive your visa and might begin work in Australia.
Partner Visa Subclasses 390 or 100
Step 1. The visa applicant collates and provides all required documents.
These files encompass Identity documents, proof of the relationship with your associate, budget, family, commitment, social issues, previous relationship, individual files, dependents below the age of 18.
Step 2: Apply for the 309 visas and put up your assisting files.
When the 309 visa application is prepared, you have to be out of Australia. This is also while you pay your visa application fee.
Step 3: Your sponsor (being your partner or spouse) submits their sponsorship application along with your TRN (Transaction Reference Number).
The sponsor has to prove they’re an Australian citizen, an Australian permanent resident, or a New Zealand citizen. The sponsor also have to offer an Australian police certificate.
Step 4: Pay your money owed to the Australian Government
If you or any family members have a mortgage taken from the Australian Government, it must be paid or have an accredited arrangement in the department to refund it.
Australian Partner Visa Pros and Cons
1. Access to Medicare
To apply for a partner visa will further suggest that candidates are eligible to enroll in Medicare as a utility for permanent residency in Australia. The acknowledgment of the application obtained, and bridging visa grant notification are mechanically issued to an applicant’s migration agent once the application has been lodged. The migration agent will then forward those files to the applicant, a good way to permit them is to enroll in Medicare.
2. One Visa Application Charge
Applying for a partner visa is for both the temporary and the permanent visa at an equal time, which means applicants pay little visa utility price for the 2 packages. In positive instances, applicants may be granted the permanent visa immediately after the temporary visa according to the character of their relationship at the time of lodgment.
3. Secure and Reliable
Applying for a partner visa is a reliable method of securing your permanent stay in Australia as it allows applicants to stay and work in Australia whilst their application is being processed.
If your files are inconsistent during the application process, you might worry your case officer, where in case the department might request further documents, which may postpone your application in addition to affecting its final results.
2. Insufficient Proof of Relationship
When couples work on the application for their partner visa, they must understand that it is the only factor the case officer knows about them, so it shouldn’t be rushed or too short, it needs to be targeted and outlined in-depth as a good deal as viable considering this is taken into consideration the foundation on your ability partner visa.
3. Wrong Focus
Some couples are conscious of one part of the relationship and forget about others. For instance, some consist of a lot of information on how they met and the important dates, but summarize it or abandon it when it comes to any other components consisting of financials, residing together, future plans, social aspects, routine, day-to-day life.
Partner Visa Application Checklist
Use this Australian partner visa checklist to determine in case you are probably eligible.
- Relationship Status:
- You are legally married to each other
- You are civil partners
- Both of you have been living together for nothing less than twelve months in a devoted relationship
- You are going to be married earlier than you immigrate to Australia
- Your plan is to get married in Australia
- Police Clearance
You can get police clearance from each country you have lived in for over 12 months in the last decade.
- Joint Finances
You have a joint budget or financial responsibilities and can offer proof.
- Shared Responsibilities
You share family duties (which include renting an asset together, raising children collectively, or deciding to buy utilities together) and can provide evidence.
- Relationship is true
You have a joint budget or economic duties and might provide evidence.
- You have traveled collectively
You and your partner must have traveled together at least once.
- Marriage Certificate (If relevant)
If you are already married, it’s likely your marriage certificate is required.
- Shared hobby
We have photographs, tickets, invitations, and different evidence of shared social lifestyles.
We have proof of future plans.
Partner Visa Interview Tips
1. Phone or Face-to-face Interview
The interviews can be carried out by way of phone or in person. Phone interviews tend to be unannounced, and interviews in Face-to-face tend to be arranged earlier. We are however aware that in a few cases, Case Officers may arrive unannounced at a visa applicant’s residence.
2. The interviews aren’t recorded or transcribed.
Many people do not bother whether their interviews are being recorded or transcribed. What takes place is that the case officer makes a brief document note after conducting the interview, which in our experience in no manner reflects the interview’s contents in any respect.
3. Give smart responses
The case officer engaging in the Partner Visa interview is particularly seeking out records from you and your sponsor that is confirmed via one another. An outstanding question for instance is, “what facet of the bed do you sleep on?” If you reply that you sleep on the floor, and the reply your sponsor gives is that you sleep on the right-hand side of the bed, there will probably be an issue with the relationship genuineness.
4. Ask the case officer to repeat any questions
Explain to the case officer that you do no longer understand the question. It’s essential to keep away from answering any questions you don’t understand. Maybe English isn’t your first language or perhaps the case officer hasn’t phrased a query truly sufficient. These things appear. If you require an additional explanation on a query, ask the case officer to repeat the query, rephrase the query or provide an explanation for greater absolutely what he/she manner. This is perfectly suitable.
5. Open up to the Interviewer
The opportunities are endless, however, with any luck, this offers you some concept of what to anticipate. If you believe you studied a query that is inappropriate or too intimate, you could tell the interviewer that you’re now not at ease answering it.
Australian Partner Visa Cost and Processing Time
The base rate for the mixed application for an Australian partner visa is AUD 7,715. When Prospective Marriage visa holders apply for the Australian partner visa after their marriage, they’ll need to pay extra charges of AUD 1,285. In addition to the visa price, candidates need to be prepared for extra costs on clinical checks and police verifications, which might be non-refundable if the application is rejected.
Visa Processing Time
801 Visa: 75% of applications are processed within 10 months
820 Visa: 75% of applications are processed within 25 months
Visa 100: 75% of applications are processed within 17 months
309 Visa: 75% of applications are processed within 17 months
Reasons for Australian Partner Visa Rejection
1. You Are Not Eligible For a Partner Visa
The most important factor in applying for the partner visa is to first establish your eligibility for the applicable visa for which you apply. This means having clean and complete information on all of the eligibility requirements that you provide to the Department is necessary.
2. Insufficient Evidence Is Provided
One of the most common reasons for partner visa refusal is due to applicants no longer presenting enough evidence to the Department to make a fantastic decision on their application. One of the most essential factors to be satisfied with the supply of a partner visa is to illustrate that your relationship is real.
3. Inability to Meet Schedule 3 Criteria
If you lodge your application in Australia and you’re an unlawful or non-citizen, or you keep a bridging visa, you ought to meet Schedule 3 of the Migration Regulations, or else, your visa application will be rejected.
4. Poor Interviews with Immigration
Immigration may need you to be available for an interview in person or by way of cell phone to ask questions concerning your application. If you can’t recall basic records consisting of your partner’s date of delivery, their circle of relatives’ information, how or when you met, and details about how your relationship began, or if you offer answers which are contrary to your partner’s answers, Immigration may regard your relationship to be fake.
5. Public Interest Criteria 4020
If you provide a bogus record or false or misleading facts during your visa application, or if Immigration is unable to affirm your identification, your visa application may be rejected for failing to fulfill Public Interest Criteria 4020.
6. Sponsorship Approval
Your partner/partner should meet positive requirements to be approved as your Sponsor. This includes income, individual, citizenship, and residency status in Australia. Failure to fulfill those will bring about your application being refused.
Best Ways for Lodging a Successful Australian Partner Visa
1. Choose your sort of visa cautiously
Your application is meant for both a temporary and a permanent partner visa at the same time. Unless you can show that you have been in a relationship together with your partner for more than three years, or you have kids together, a temporary visa will be granted.
2. Ensure that you fulfill all of the visa criteria
Application for a partner visa is not enough proof to show that both parties are in a relationship, and therefore it’s far more important to test that your relationship meets the “partner criteria” before filing and submitting an application.
3. Prepare your supporting files
Collating and setting up your supporting documents before lodging your application may be very necessary. This enables you to determine whether or not you fulfill all of the visa standards.
4. Respond right away to requests from the Department of Home Affairs
We have been approached by couples who were absolutely in a devoted relationship – they had been married and residing collectively for some years – but they were refused a visa because of failing to reply to the Department’s requests for additional information when it comes to selected criteria.
5. Do not give misleading or fake information
The best policy is Honesty, and asserting all applicable data on your document is necessary to reveal that your relationship is real.
If you need more information, kindly visit our office or book an appointment with our counselors.
Frequently Asked Question
We noticed many people complain about not being able to reach the case officer while some complain about not hearing anything from their case officer. Hence, they tend to ask questions about how to contact their case office. You can take the following steps:
1. Via Contact Us at the Department of Immigration and Citizenship, you will see a link for visa inquiries, and if you cannot discover an appropriate link through there, use the comments and complaints link. If your partner and sponsor are in Australia, make direct contact with Immigration on 131881.
2. If you are seeking out information on immigration and/or visas, you can find it online at the Australian Government Department of Home Affairs Website.
The Australian partner visa enables you and your partner to reside in Australia. There are three types of partner visa namely: Onshore Partner Visa, Offshore Partner Visa, and Prospective Marriage Visa.
With an onshore partner visa, you can apply for a visa while you are in Australia. You can be granted a bridging visa to allow you to stay in Australia during visa processing. On the other hand, the offshore partner visa is obtained while offshore and out of Australia. It is also granted to you while offshore.
Applying for an Australian partner visa is easy and simple once you provide the necessary and genuine documents such as police clearance, joint finances, shared responsibilities, and joint budget.
For more information on how to easily apply for an Australian partner visa, visit IES Portal. There, you will learn more about the procedures for successful applications and you will receive a proper guide for the whole process.
Thanks for reading!
DISCLAIMER: Please note that the information provided on this website is for general understanding only and should not be considered as legal advice. Every pages of the website is not updated every day. It is recommended to consult with our lawyers for latest information.