Australian Partner Visa is a visa that grants rights to an individual to live and stay permanently in Australia based on their marital or de facto relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand Citizen. In order to qualify for this partner visa, the applicant and the sponsor must be in a real relationship. To prove the genuineness of the relationship, evidence has to be gathered in all respects including financial, household, social, and commitment aspects. This means that the relationship must be real, committed, and ongoing. It is important to update the documents and wait for a decision from the Department of Home Affairs. The evidence should be diverse and compelling to show the nature and history of the relationship. The Department of Home Affairs requires applicants to provide evidence of the genuineness of their relationship to avoid fraud and ensure the integrity of the partner visa program.
Research and Preparation
To prepare for an Australian partner visa, it is important to understand the different types of partner visas available. It is also necessary to determine eligibility for a de facto relationship, which requires a genuine and continuing relationship. Gathering evidence of commitment, financial aspects, nature of the household, social aspects, and relationship statements is crucial to prove the genuineness of the relationship. Form 888 and evidence of character are also required. Once all the documents are finalized, they can be submitted online through ImmiAccount.To establish the genuineness of the relationship the documents are also updated at regular intervals while the decision from the Department of Home Affairs is still awaited. Hence seeking professional help from migration agents or lawyers is highly recommended.
The Types of Partner Visas for Australia:
There is a range of Australian Spouse or Partner Visas. These include:
- Provisional Partner visa (Subclass 309): This is temporary but may be permanently converted under subclass 100 visa. It might be applied for after one year. This visa is for people in marriage or de facto relationships with their sponsors, and who are outside Australia. The sponsor has to be either an Australian citizen or permanent resident.
- Permanent Partner Visa (Subclass 100): At least 2 years after the Subclass 309 temporary visa is granted, it serves as a permanent visa, for those holding the Subclass 309 temporary visa and still in a relationship with their Australian Sponsor but have been living with their partner for more than two years in Australia.
- Temporary Partner Visa (Subclass 820): This is a temporary visa that is granted when the applicant is in Australia staying with his Australian partner. Over a period of time, it could be changed to a permanent residency visa subclass 801 visa. Since it is a two-stage visa application, obtaining assistance from a registered migration agent is highly advisable.
- Permanent Partner Visa (Subclass 801): The visa is a permanent one that must be applied for at least 2 years following a grant of the Subclass 820 temporary Partner visa. It is for those who are holding Subclass 820 temporary visas are still in a relationship with Australian sponsors and have lived with their partner in Australia for over two years.
- Prospective Marriage Visa (Subclass 300) or the Fiancé Visa: This is a temporary visa and it allows you to live in Australia for only nine months. This visa applies to people who intend to marry an Australian citizen, permanent resident of Australia, or eligible New Zealand citizen. They must have met in person and have substantive evidence before they intend to get married so as to lodge an application under SC 300. The duration of 9 months is given to marry the partner and then apply for a temporary partner visa called a Subclass 820 visa.
- Dependent Child Visa (subclass 445): The dependent child can be added to subclass 100 or subclass 801 of the permanent partner visa application and it is granted temporarily. This is the visa that requires individuals having a child, stepchild, or adopted child under 25 and also able to provide these children with residency and financial support for at least two years upon their arrival to Australia.
Eligibility Requirements for an Australian Partner Visa :
- The applicant must be either married or in a de facto relationship with an Australian citizen, Australian Permanent resident, or Eligible New Zealand Citizen. The relationship must be genuine, committed, and continuing.
- The applicant and any dependent family members must meet certain health requirements.
- The applicant and sponsor must meet certain character requirements.
- The applicant must meet certain financial requirements.
- The sponsor must provide financial support for the applicant.
- The candidate should not have any unpaid debts to the Australian government.
Australian Partner Visa Processing Time
The current processing times for partner visas in Australia vary depending on the type of visa and the complexity of the case. The Department of Home Affairs admits that the processing times are considered case by case, taking into account the complexity of a case, a number of application fluctuations, changes to Ministerial Directions, etc.
As of September 2023-24, the Processing Times for Partner Visas are as follows:
Temporary partner visa (subclass 820): In three months, 25% of applications were processed. Sixty percent within six months. 16 months for processing of 80 out of 105 applications. In 34 months, 90% of applications were processed.
Permanent partner visa (subclass 801): Sixty percent of the applications were processed within 6 months. 13-Months Processes 50 % Applications. 75% of applications within 16 months. In just 26 months, 90% of Applications were Processed.
Processing times can be affected by factors such as the complexity of the case, changes in application volume, changes in ministerial guidelines, and staff unavailability. It is important to note that processing times are indicative only and can also vary depending on individual circumstances and the complexity of each case.
Steps For The Application Process
The application process for an Australian partner visa involves several steps, including waiting and keeping documents updated, gathering information for the online application, completing the sponsor section of the application, and uploading evidence to the application.
To upload documents, applicants can use ImmiAccount, which is the online portal for visa applications. All required documents should be scanned and uploaded to ensure that the scanning requirements are met. The sponsor section needs the sponsor to provide personal and financial details; Form 888 and a character witness.
After uploading all the documents to accompany the application with the Department of Home Affairs, the application will finally be assessed by the department in question. The applicant, when applying for an Australian partner visa within or outside Australia, may be required to update the document when necessary and respond to any request for further information.
The following are the general steps for applying for a partner visa in Australia:
For Onshore Applicants:
- Create an ImmiAccount
- Submit Form 47SP and pay the application fee
- Attach all required documents
- Wait for a decision
For Offshore Applicants:
- Gather all required documents
- Lodge an online partner visa application
- Pay the fees and keep the receipt
- Wait for a decision
It is important to note that partner visas are two-stage applications. The first, step is to apply for a provisional partner visa. Later, one can apply for a permanent partner visa whose processing begins at the date of eligibility- which is two years from the date of application for the combined provisional and permanent visa. The evidence must also show that the relationship is real, committed, and ongoing. Evidence can be provided in four categories: financial, household, social, and commitment. Examples of evidence include joint bank account statements, titles or deeds for jointly owned property, travel documents, photos of the couple together, and personal affidavits from friends and family attesting to the legitimacy of the relationship
Cost For Australian Partner Visa
The cost of a Spouse Visa for Australia can vary depending on the type of visa and the applicant’s location. Here are the costs for some of the most common types of partner visas:
Partner visa (apply in Australia): From AUD8,850.00 for most applicants
Partner Visa Application (lodged outside Australia): $7,715 for the main applicant
Partner Visa Application (lodged inside Australia): $7,715 for the main applicant
It should be mentioned that apart from the visa application fee, other expenses may result, e.g. medical tests, police clearance, and document translation.
The Bottom Line
It is important to start the application process early and seek professional help if needed. In the application process, the relationship statement is an important component comprising details on the couple’s introduction, the period when they started a relationship, and their future plans with each other. It should also provide for any concerns or issues which may emerge in the process of visa application.
Ausyes Migration helps with Australian Partner Visa by providing assistance with the application process. We have partner visa consultants who can help with either a Temporary or a Permanent Australian Partner Visa. Additionally, we also guide applicants with the requirements that need to be fulfilled to lodge the Australian partner visa application.
