Obtaining a partner visa in Australia, Subclass 820 (temporary onshore) & 801 (permanent) and subclass 309 (temporary offshore) & subclass 100 (permanent), is essential for couples wishing to settle in Australia.

Understanding the intricate details of the application process is paramount to ensure compliance with the legal requirements and enhance the likelihood of approval.

This blog post is designed for couples with one partner as an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen.

It aims to explain the process and provide you with the essential information to begin your application confidently.

Overview of Partner Visas

The Partner Visa, encompassing Subclasses 820 & 801 (onshore) and 309 &100 (offshore), allows non-Australian partners of Australian residents to live in Australia.

The Subclass 820 or 309 visa is temporary, granting the partner provisional residence. It is typically the first step towards securing the Subclass 801or 100 visas, which offers permanent residency.

The main difference between 309 and 820 is the location of the application. Subclass 820 can be only applied while you are onshore and if you offshore then you must lodge subclass 309

Knowing the distinction between these two subclasses is crucial for planning your life in Australia and ensuring continuity of residence.

Approval rates and processing times can vary significantly, with recent statistics indicating that processing can take anywhere from 12 to 24 months.

This emphasizes the need for thorough preparation and timely submission of your application.

Eligibility Criteria

Applicants must meet specific eligibility requirements to qualify for a Partner Visa.

First, the relationship status must be established as either legally married or de facto.

For de facto partnerships, couples must demonstrate they have been in a relationship for at least 12 months unless there are exceptional circumstances.

Both relationships require evidence of a mutual commitment to a shared life to the exclusion of all others.

Moreover, the Australian partner must sponsor the applicant; this sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen.

It’s important that the sponsor has not previously sponsored another partner within the last five years or has not been sponsored within a visa subclass themselves over the previous five years, except under exceptional circumstances.

Comprehensive Checklist for Application

Documentation Needed

The application process for a Partner Visa requires various documents to substantiate the legitimacy and duration of the relationship:

• Personal Identification- Certified copies of passports, birth certificates, and any name change documents for both partners.

• Proof of Relationship- This includes marriage certificates or relationship registration for married or de facto couples, respectively.

• Character and Health Checks- Police certificates from every country lived in for 12 months or more over the last ten years, and medical examinations to meet health requirements.

Supporting Evidence

Supplementary evidence plays a crucial role in strengthening the application:

• Financial Aspects- Evidence of shared financial responsibilities such as joint bank accounts, shared leases or mortgages, utility bills, and major purchases.

• Nature of the Household- Documents showing joint responsibility for the care and support of children, shared household duties, and correspondence addressed to both partners at the same address.

• Social Context- Statements from friends and relatives acknowledging the relationship, photos of the couple together at events, and invitations addressed to both.

• Commitment Evidence- Evidence of long-term plans together, joint travel documents, and supportive communication during periods apart.

Compiling a thorough and detailed application with all required documentation and supporting evidence is essential for demonstrating the genuine nature of the relationship and ensuring a successful visa outcome.

Common Mistakes to Avoid

When applying for a Partner Visa in Australia, certain common mistakes can jeopardize the success of your application.

1. Incomplete Information– Failing to complete the application forms or leaving sections blank fully can lead to processing delays or visa refusals.

2. Inaccurate Details- Providing incorrect information, intentionally or by mistake, can result in denying the visa application.

3. Insufficient Relationship Evidence- Not supplying enough evidence to demonstrate the longevity and genuine nature of the relationship, such as photos, shared financial accounts, and consistent communication logs.

4. Document Formatting- Neglecting to follow specific formatting requirements, such as not providing certified translations for documents not in English or failing to notarize certain documents.

5. Lack of Updated Information– Failing to inform the Department of Home Affairs about changes in circumstances, such as a new address, which can affect communication regarding the visa.

6. Ignoring Deadlines- Missing deadlines for submitting additional information or documentation when requested can jeopardize the application’s success.

Application Process Step-by-Step

• Preparing the Application

Start by gathering all necessary documentation, including personal identification, proof of relationship, and required health and character checks. It’s advisable to consult a Department of Home Affairs checklist to ensure no document is missed. Organize documents in the order specified in the application guidelines and check for any recent changes to the documentation requirements.

• Submitting the Application

Applications can typically be submitted online via the ImmiAccount portal, which offers a straightforward way to upload documents and track the status of your application. Before submission, ensure all forms are filled out accurately and that all necessary attachments are included. Substantial payment of the application fee is required at the time of submission.

• After Submission

Once submitted, you will receive an acknowledgment of receipt. The application then enters a queue for processing, during which time you may be asked to provide additional information or attend an interview. During this period, applicants are often eligible for a bridging visa, which allows them to stay in Australia legally until a decision is made on their application.

• Processing Times and Expectations

Processing times can vary significantly based on the complexity of the case and the completeness of the application submitted. Currently, processing times can range from 12 to 24 months. During this period, it’s important to maintain updated contact information and meet all visa conditions.

Post-Submission Procedures

After submitting a Partner Visa application, staying engaged with the process is crucial. If the Department of Home Affairs requests it, applicants may be required to provide additional information.

This could include further documentation of the relationship or updated personal information.

Respond promptly to these requests to avoid delays. Additionally, some applicants may be invited to attend an interview, either in person or via video call.

This interview is an opportunity to verify the information provided in the application and demonstrate the relationship’s genuineness. It’s important to prepare and review the details submitted to ensure consistency and accuracy in responses during the interview.

Practical Tips for Success

A successful Partner Visa application hinges on meticulous preparation and proactive communication. Here are some practical tips:

1. Double-check all Entries: Review all forms and documents before applying to ensure accuracy and completeness. Errors or omissions can cause significant delays.

2. Follow Up Proactively: Track your application status through the ImmiAccount, and do not hesitate to contact the Department if you notice prolonged periods of inactivity.

3. Maintain Open Communication: Update the Department with any changes in your circumstances, such as a change in address, contact details, or family status, to ensure they have the most current information.

4. Organize Documentation Thoroughly: Keep copies of all submitted documents and correspondence with authorities. This organization will be beneficial if you reference past submissions or provide additional information.

5. Prepare for the Interview: If an interview is required, review the details of your relationship and the documentation provided. Consistency and honesty in your answers are crucial.

6. Seek Professional Guidance: Consult a registered migration agent to review your application before submission. Their expertise often spots potential issues you may overlook and provides strategic advice tailored to your unique circumstances.

Final thoughts

When applying for a partner visa in Australia, thorough preparation and meticulous attention to detail are required.

We have covered crucial aspects, from understanding the types of visas and eligibility criteria to providing a detailed checklist and common pitfalls to avoid.

Adherence to the guidelines and proactive management of your application can significantly enhance your chances of success.

Ultimate Migration, migration agent in Perth, offers expert guidance, thorough documentation support, and ongoing assistance to ensure your partner visa application is accurate and complete, maximizing your chances of success. Contact us today!