Partner visa

 

The onshore Partner visa program is experiencing strong demand, and as a result, the current average processing time for subclass 820 applications is around 13 months from lodgement. This is an average processing time and the actual processing time for each application may vary significantly.

However, legislative changes of 24 November 2012 provide that partner visa applicants may be eligible for a bridging visa with nil conditions. Therefore the visa holder will have unlimited permission to work when the Bridging visa is in effect.

 

INFORMATION ON PARTNER VISA APPLICATIONS

Partners or fiancés of Australian citizens, Australian permanent residents or eligible New Zealand citizens may apply for a Partner visa.  There are 3 main categories:

  • people intending to get married (fiancés)
  • married partners
  • de facto partners (including those in a same-sex relationship).

Depending on what visa the applicant holds, they may make an onshore application.  An onshore application will make the applicant eligible for a bridging visa.  This visa usually holds the same conditions as the current visa, i.e. if the holiday visa says 6 month work with any one employer, then you can only work with each employer for 6 months until your new visa has been granted.

However,  most on-shore partner visa applicants are eligible for a bridging visa with full work rights because of the long processing times of approx. 12 months.

The fiancé(e) visa MUST be applied for off-shore.

The partner visa application is a 2 step process:

1.  at first you apply for a 2 year temporary visa

2.  If two years after you apply the relationship is ongoing, a permanent visa may be granted.

The fiancé(e) visa has a 3rd step in the beginning: first you apply off-shore for the permission to enter as a fiancé(e).  Once that visa has been granted the applicant may travel to Australia and the partners must get married within 9 months of the visa grant.  Then they can apply for a regular partner visa.

What is needed for the visa application?

1.  You need a sponsoring partner. Your partner must be one of the following:

  • an Australian citizen
  • an Australian permanent resident
  • an eligible New Zealand citizen.

2.  You must pay a visa application charge, currently $4,630.00 if lodged outside Australia or $6,865.00 if lodged in Australia.

3.  If married, your marriage must be legal under Australian Law. If you were married in a country other than Australia and that marriage is valid in that country, generally it will be recognised as valid under Australian law.

4.  In a married relationship, you and your partner must show a mutual commitment to a shared life as husband and wife to the exclusion of all others. You and your partner must be living together or, if not, any separation must be only temporary. You must also have a genuine and continuing relationship with your partner.

5.  You must meet certain health requirements, eg undergo health tests

6.  You must meet character requirements, eg provide police clearance certificates

7.  You must provide Evidence of a Genuine and Continuing Relationship. You and your partner must each provide a statement or statutory declaration regarding the history of your relationship.

8.  If you are in a de-facto relationship, you and your partner must have been in a de facto relationship for the entire 12 months immediately prior to lodging your application. You and your partner must show a mutual commitment to a shared life to the exclusion of all others. You and your partner must be living together or, if not, any separation must be only temporary. You must also have a genuine and continuing relationship with your partner.

  For more information please contact us.