How to Apply for a Partner Visa in Australia: A Step-by-Step Guide | AUM Global

July 26, 2024

Applying for a Partner Visa in Australia can be a complex and detailed process. This guide aims to provide you with a clear, step-by-step approach to help you navigate the application process successfully. Whether you are married, in a de facto relationship, or engaged, this guide covers all the necessary steps, documents, and tips for a successful application.

Understanding the Partner Visa

What is a Partner Visa?

A Partner Visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia. This visa is divided into two main stages: a temporary visa (subclass 820/309) and a permanent visa (subclass 801/100).

Types of Partner Visas

  1. Temporary Partner Visa (Subclass 820/309): This visa allows you to live in Australia temporarily while your permanent visa application is processed.

  2. Permanent Partner Visa (Subclass 801/100): This visa allows you to live in Australia permanently. It is usually granted two years after the temporary visa if the relationship is ongoing.

Australian Partner Visa Requirements

Before applying, it is essential to ensure that you meet the eligibility criteria for a Partner Visa.

Relationship Requirements

  1. Spouse: You must be legally married to your sponsor and demonstrate a genuine and ongoing relationship.

  2. De facto Partner: To applying for Australian partner visa, you must have been in a de facto relationship for at least 12 months before applying. This relationship should be genuine and ongoing.

  3. Fiancé(e): You must be engaged to marry your sponsor and plan to marry within nine months of the visa grant (applicable for the Prospective Marriage Visa - subclass 300).

Australian partner visa sponsor requirements

Your sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen. They must be willing to sponsor you and meet specific character and financial criteria.

Health and Character Requirements

Both the applicant and sponsor must meet health and character requirements, including undergoing medical examinations and providing police clearance certificates.

Step-by-Step Application Process For Australian Partner Visa

Step 1: Gather Required Documents

Before applying the partner visa for Australia collect all necessary documents to support your application. These include:

  1. Proof of Relationship: Marriage certificate, joint bank account statements, joint lease agreements, photos, and social media interactions.

  2. Identity Documents: Passports, birth certificates, and national identity cards.

  3. Health and Character Documents: Medical examination reports and police clearance certificates.

  4. Sponsor Documents: Proof of citizenship or permanent residency, character certificates, and financial statements.

Step 2: Complete the Application Forms

Fill out the appropriate visa application forms. For a Australian partner visa, you need to complete Form 47SP (Application for migration to Australia by a partner) and Form 40SP (Sponsorship for a partner to migrate to Australia).

Step 3: Pay the Visa Application Fee

Pay the required visa application fee. The fee can be paid online, and it varies depending on whether you are applying from inside or outside Australia.

Step 4: Submit the Application

Submit your completed application forms and supporting documents. Applications can be lodged online through the Department of Home Affairs’ ImmiAccount portal or by mail.

Step 5: Attend Health Examinations and Provide Biometrics

After submitting your application, you may be asked to undergo a health examination and provide biometric information. These are essential steps in assessing your eligibility.

Step 6: Wait for Processing

The processing time for Australian partner visas can vary. Temporary visas typically take 18-24 months, while permanent visas can take an additional 24-36 months. During this time, you may be contacted for additional information or an interview.

Step 7: Receive the Visa Decision

Once your application is processed, you will receive a decision. If granted, you will be issued a temporary Partner Visa (subclass 820/309) to live in Australia. After two years, if your relationship is still ongoing, you will be assessed for a permanent Partner Visa (subclass 801/100).

Tips for a Successful Application

Demonstrate a Genuine Relationship

Provide substantial evidence that your relationship is genuine and ongoing. This includes detailed statements about your relationship, joint financial records, photos, travel itineraries, and statements from friends and family.

Be Thorough and Honest

Ensure all information provided in your application is accurate and complete. Misleading or false information can lead to refusal and potentially impact future visa applications.

Stay Organized

Keep track of all documents and correspondence. Maintain copies of everything you submit and any communication with the Department of Home Affairs.

Seek Professional Advice

Consider consulting a registered migration agent or immigration lawyer to help you with your application. They can provide valuable guidance and ensure that your application is complete and meets all requirements.

Common Challenges and How to Overcome Them

Proving a De Facto Relationship

Proving a de facto relationship can be challenging, especially if you haven’t lived together for a long time. Collect as much evidence as possible, including joint leases, bank accounts, and statements from people who know you as a couple.

Financial Requirements

Meeting financial requirements can be a hurdle. Ensure your sponsor provides detailed financial statements and proof of income. If necessary, consider providing additional evidence of financial support from other sources.

Health and Character Issues

Health and character issues can delay or jeopardize your application. Ensure all health examinations are completed promptly and accurately. Address any potential character concerns by providing full disclosure and supporting documentation.

Long Processing Times

Long processing times can be frustrating. Stay patient and maintain regular contact with the Department of Home Affairs. Use the waiting period to gather any additional information that may strengthen your application.

Conclusion

Applying for a Partner Visa in Australia involves a detailed and thorough process, but with careful preparation and a clear understanding of the requirements, you can increase your chances of success. This step-by-step guide provides a comprehensive overview of what you need to know, from gathering documents and completing forms to understanding the eligibility criteria and addressing common challenges. Whether you are married, in a de facto relationship, or engaged, following these steps will help you navigate the application process with confidence.

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