How to get a Partner Visa for Australia

Partner Visa Sekuir Migration Gold Coast

Just recently at Sekuir Migration we’ve had a large number of enquiries about how to apply for a Partner Visa – love is certainly in the air!

When it comes to Partner Visas it’s important to know that there are a few different types. These are:

  • Option 1: Temporary Partner Visa Subclass 820 and Permanent Partner Visa Subclass 801 (onshore visa application)
  • Option 2: Partner Provisional Visa Subclass 309 and Partner Migrant Visa Subclass 100 (offshore visa application)
  • Option 3: Prospective Marriage Visa Subclass 300.

These visas allow married or partnered couples of the same or opposite sex to enter and remain in Australia. For Australian residents and citizens (and eligible New Zealand citizens) who are in a genuine and committed relationship with a non-Australian there also options under the partner visa program.

Eligibility requirements

There are three ways to be eligible for a partner visa; either by marriage, de facto partnership or registering a relationship.

To be eligible to apply for a Partner Visa as a married partner, the marriage must be legal under Australian law. To be legally married in Australia, a person must:

  • not be married to someone else
  • not be marrying a parent, grandparent, child, grandchild, brother or sister
  • be at least 18 years old, unless a court has approved a marriage where one party is aged between 16 and 18 years old
  • understand what marriage means and freely consent to marrying
  • use specific words during the ceremony
  • give written notice of their intention to marry to their authorised celebrant, within the required time frame.

A de facto relationship is where you are living together in an exclusive relationship with your partner, but are not formally married. Same sex couples can also be recognised as de facto relationships under Australian Immigration law. If you show that you are in a de facto relationship, you may be able to apply for a partner visa or include your partner in your visa application.

Most Australian states including Victoria, Tasmania, New South Wales, ACT and Queensland have introduced legislation allowing registration of relationship arrangements for de facto couples. This significant shift effectively replaces the long standing 12 month relationship test to meet the relationship criteria for de facto partner applications in those states which recognise registration as a couple (of either sex). There are differences between the states’ requirements, so care must be taken when looking at this option.

There are a number of other requirements which include:

  • The applicant must have a sponsor (this will be the spouse or de facto partner).
  • The applicant needs to show a genuine commitment to his or her partner to have a shared life together, to the exclusion of all others. This means that the applicant and partner must live together, or at least not live apart on a permanent basis.
  • The applicant must meet health requirements.
  • The applicant must meet character requirements.

The Department of Home Affairs will also look at a number of aspects of the applicant’s relationship, including:

  • Cohabitation: Usually evidenced through showing correspondence addressed to both of you at the same address.
  • Financial Interdependence: For example, joint bank accounts, joint ownership of property, joint financial commitment such as leases, mortgages, insurance policies.
  • Social aspects of the relationship: Joint travel, joint social activities, joint participation in cultural or sporting activities.

Proposed Partner Visa changes in 2018

There are a number of proposed changes to the Partner Visa Programme which are expected to take effect this year. These changes have not been applied as they are yet to be approved by Senate.

The proposed changes are mainly related to the visa sponsor. They are:

  • A sponsorship assessment application will be required, separate to the visa application process.
  • Persons approved as sponsors will be subject to legal obligations.
  • Approved sponsors may face civil and administrative penalties if they fail to deliver on their commitments.
  • Sponsorship applications may be refused and family sponsors may be banned, especially where family violence is involved.
  • Changes will facilitate the disclosure of relevant personal information between parties in the application.

In short, this means that partner visa sponsorship applications, if these changes come into effect, will be lodged under stricter criteria and they will need to be approved before any partner visa applications are made.

Because of these changes, it is anticipated that there will be delays with overseas partner applications and that there will be altered visa requirements for overseas partners.

Partner Visa fees

Partner Visa fees (government visa application charge as at June 2018) are as follows:

  • $7,000 for the main applicant
  • $3,505 for any child over 18
  • $1,755 for any child under 18

Additionally, applicants will pay for their medical examinations, police checks and document translations. Our fees for this visa type are $4,500.

Contact us for a free partner visa consultation

If you are considering a partner visa application, you may be eligible for a free visa consultation with our specialist migration agents.

To enquire about this service, contact us and tell us a bit about yourself.

Sekuir Migration can advise you on all aspects relating to a Partner Visa including application and lodgement on your behalf. We can also help you assess your eligibility to check whether you meet the necessary requirements for a Partner Visa. We provide you with honest feedback to save you time and worry.

Please note that to be eligible for a free consultation with us you must be able to speak English.

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