Partner Visa Applications
Our speciality is partner visa applications. Our combined experience stretches to well over 100 successful partner visa applications.
The Australian partner visa can be complicated. Our job is to help simplify the process to
The Australian Partner Visa application can be separated into two streams:
The Onshore Pathway (Subclass 820/801)
The Offshore Pathway (Subclass 309/100 & 300)
Both the Onshore and Offshore pathways are similar - you must first be granted a temporary partner visa before transitioning onto a permanent visa. They both however have many differences, including eligibility to stay in Australia, bridging visas, work rights, study rights and medicare while you wait for the visa to be granted.
Onshore Partner Visa Application
The Department of Home Affairs states that to be eligible for a subclass 820 visa, the applicant and sponsor must be able to show the Department that they are in a genuine and continuing relationship which must be to the exclusion of all others. There are numerous requirements set by legislation on the types of evidence the Department must consider when assessing your application.
The 820 and 801 visa application process requires that the applicant is the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand Citizen. The onshore requirements state that the applicant must be in Australia when they have applied and when the visa is decided. There are a number of public interest criteria that must be met such as ensuring that you meet the health test, character test, have no debts to the Commonwealth government and have not previously misled the Department.
For married applicants, the marriage must be valid under Australian Law.
For de facto applicants, the Department generally requires the de facto relationship to have existed for 12 months prior to lodging the application. However, if there are compelling and compassionate circumstances that warrant the visa being granted or the de facto relationship has been registered, the 12-month requirement can be waived.
While waiting for this visa to be granted, the applicant usually holds full work rights once their bridging visa comes into effect.
Common partner visa issues
Blended families
If you or your partner have children to another relationship, and those children are not already Australian citizens, then it is crucially important to include them in your partner visa application.
Too many times have we seen people leave children off their application initially only to realise that they cannot be added on later. Separate visa applications then have to be made and, sometimes, the chance to migrate with your children to Australia is lost forever.
If you or someone you know needs partner visa advice, get in touch with us at 08 6558 1838, schedule a call or request an appointment.
Less than 12 months together
If you have been with your partner for less than 12 months your partner visa application becomes more complicated. A threshold issue is that you must be married or in a registered relationship to even be eligible for a partner visa. Even if that is the case, the Department will scrutinise your relationship evidence very closely to make sure you are in a genuine married or de facto relationship and not simply boyfriend/girlfriend.
We have successfully applied for dozens of partner visas where the relationship has been of less than 12 months duration, some of which have involved relationships only few months and even weeks long. We know exactly what sort of evidence the Department will expect in these circumstances and can provide comprehensive guidance on what you need to do to get your partner visa approved.
If you or someone you know needs partner visa advice, get in touch with us at 08 6558 1838, schedule a call or request an appointment.
Previous visa refusals
If your partner visa application has been refused or you have had another visa refused, this can add a significant layer of complexity to the application process. The reason for refusal, if it is relevant, needs to be explained carefully and fulsomely.
It is important when dealing with the Department to always provide consistent information, including between visa applications. If the information is inconsistent, this has to be explained carefully. If the Department think you have provided inconsistent information they can apply a 3 year ban on you from making any further visa applications.
If you or someone you know needs partner visa advice, get in touch for a consultation at 08 6558 1838, schedule a call or request an appointment.
Character issues
If you have any convictions for criminal or traffic offences, it is important that you declare them to the Department at the outset. Normally, a police clearance and an explanation is all the Department will ask for, however, for more serious offences they may require more information.
The worst thing you can do is lie about a conviction or omit from your application any convictions. This includes ticking the box on incoming passenger cards that you have no convictions. You should always read the questions carefully, the consequences of disclosing something you did not need to disclose are usually better than those for being caught failing to disclose.
If you or someone you know needs partner visa advice, get in touch for a consultation at 08 6558 1838, schedule a call or request an appointment.
Family violence
If your relationship breaks down due to family violence, then under circumstances you can still be granted a partner visa.
It is easy to come unstuck navigating the family violence pathway as you have often lost access to much of the evidence you would otherwise rely upon and you have to make sure you provided certain types of evidence prescribed by the regulations.
We have represented many people, both men and women, who have found themselves in this situation. We are a safe pair of hands when it comes to these applications.
If you or someone you know needs partner visa advice, get in touch for a consultation at 08 6558 1838, schedule a call or request an appointment.