How to Get a Partner Visa in Australia: Your Step-by-Step Guide
Securing a partner visa is often the key to starting a new life with a loved one in Australia. This visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to reside in Australia. There are different types of partner visas available, such as the Partner visa (apply in Australia) (subclass 820 and 801), which caters to those already in the country, and others for those applying from outside. Responsibilities for both the applicant and the sponsor are clearly outlined by the Department of Home Affairs.
The process starts with understanding the eligibility criteria, which include being in a genuine relationship and meeting health and character requirements. Navigating the application process for a partner visa requires diligent preparation of the necessary documentation to prove the relationship's legitimacy and satisfy the stringent criteria outlined by Australian immigration laws. Living in Australia on a partner visa and transitioning to permanent residency post-approval involves certain conditions that must be complied with to ensure the visa's continuation.
Key Takeaways
A partner visa allows the partner of an Australian resident to live in Australia.
Applicants must prove their relationship's genuineness and meet health and character standards.
Post-approval, adherence to visa conditions is critical for maintaining residency.
Understanding Partner Visas In Australia
Navigating the landscape of Australian partner visas requires a clear understanding of the different types and eligibility criteria, as well as a familiarity with the application process governed by the Department of Home Affairs.
Types of Partner Visas
Partner visas in Australia fall into two main categories: temporary and permanent. Temporary visas, such as the Subclass 820 and Subclass 300, allow partners to live in Australia for a limited period. The Subclass 820 is a temporary visa, which can lead to the permanent Subclass 801 visa. Alternatively, the Subclass 300 is known as the Prospective Marriage visa and is for those intending to marry an Australian citizen, permanent resident, or eligible New Zealand citizen.
In contrast, Subclass 309 is a temporary visa, leading to the Subclass 100 permanent visa for partners outside Australia. Both of these visa pathways enable the applicant to eventually seek permanent residency and live indefinitely in Australia with their partner.
Eligibility Criteria
Eligibility for partner visas revolves around the nature of the relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. Applicants must prove their relationship is genuine and ongoing, either as a spouse (married) or a de facto partner.
Key relationship criteria include:
A shared commitment to a life together to the exclusion of all others
The relationship's longevity and cohabitation aspects
Social aspects and acceptance of the relationship by friends and family
Additionally, applicants must meet health and character requirements and may need to provide evidence of financial interdependence and joint ownership of property or assets.
Sponsorship and Obligations
In the process of obtaining a partner visa in Australia, the sponsor needs to understand their role and the commitments involved. This section outlines the requirements for being a sponsor and the obligations they must fulfil.
Sponsoring a Partner
To sponsor a partner for an Australian visa, the sponsor must be an Australian citizen, a permanent resident, or an eligible New Zealand citizen. They are responsible for providing support to their spouse or de facto partner as they migrate to Australia. Sponsors need to meet specific criteria before they can assume this role. For instance, an approval process assesses their ability to offer the necessary support, which includes financial stability and accommodation.
Specific details on who can sponsor a partner and the associated requirements can be found here.
Responsibilities of a Sponsor
A sponsor has several responsibilities to ensure the well-being of their partner:
Financial support: Sponsors need to ensure that their partner does not rely on government welfare. This commitment generally lasts for the duration of the visa or until their partner becomes a citizen.
Social assistance: It is the sponsor's responsibility to help their partner adapt to life in Australia, guiding living and accessing services such as healthcare and education.
Legal obligations: A sponsor must comply with Australian laws and regulations, which include providing accurate information during the application process and informing the department of any changes in circumstances.
Gathering the necessary documentation
When applying for a partner visa in Australia, the applicant must meticulously compile all necessary documents. Accuracy and completeness are paramount in this process.
Personal and Relationship Evidence
Marriage Certificate: For those who are married, an official marriage certificate is required to substantiate their marital status. It should be the one issued by a government body, rather than a ceremonial certificate.
Evidence of a De Facto Relationship: Applicants in a de facto relationship must provide documents that demonstrate they have been in a committed relationship for at least 12 months. This can include joint lease agreements, shared bills, or statutory declarations from friends and family attesting to the relationship.
Required Legal and Health Checks
Police Checks: Applicants and any family members aged 16 or over must provide police checks from every country they have lived in for 12 months or more over the last ten years since turning 16.
Medical Examinations: They must also undergo medical examinations to meet health requirements.
Living In Australia On a Partner Visa
After obtaining a partner visa, individuals have the opportunity to reside in Australia with their partners, enjoying various rights and entitlements and the possibility of bringing certain family members.
Rights and Entitlements
Individuals on a partner visa in Australia have the right to work in any occupation. This liberty paves the way for financial independence and integration into the local economy. Moreover, they can study in Australia, which offers a chance to enhance qualifications and skills that are valuable in the job market.
Regarding healthcare, Partner Visa holders are often eligible for Medicare, providing access to the country's public healthcare system. This is a significant benefit that offers a level of security for newcomers.
It is important to note that being on a partner visa is a potential pathway to Australian citizenship, provided all the necessary conditions are met over time, including residence requirements and the character test.
Bringing Family Members
For those looking to have their family join them in Australia, the Partner Visa can be a conduit for family unity. Visa holders can apply for a dependent child visa to bring their children to Australia.
When considering family members beyond children, the partner visa holder can also include them in the visa application process, which allows for the formation of a supportive family network in a new country. However, this is typically subject to certain conditions, such as the dependency status of the family members involved.
After Visa Approval
Once your Australian Partner Visa has been approved, important steps await that ensure a smooth transition to permanent residency. Understanding your new rights as a permanent resident is also critical for full participation in Australian society.
Transitioning to Permanent Residency
Upon approval of the subclass 820 visa, commonly known as the temporary partner visa, individuals obtain a pathway to permanent residency through the 801 permanent partner visa. This process is not automatic and requires the visa holder to:
Ensure that they continue to meet all the relationship requirements.
Maintain a valid substantive visa while waiting for the transition.
Eligibility for the permanent 801 visa typically commences two years after the application for the subclass 820 visa, provided the relationship still exists and is genuine.
Rights of New Permanent Residents
Individuals granted the 801 permanent partner visa enjoy rights akin to those of Australian citizens, which include:
Work and study in Australia without restrictions.
Access to Medicare, Australia's national health care system.
New permanent residents are also eligible to apply for an Australian passport and a resident return visa, should they wish to travel outside Australia and maintain their residency status upon return. Understanding these rights is essential for fully enjoying the benefits and fulfilling the responsibilities of permanent residency in Australia.
Navigating Complexities and Seeking Advice
Applying for a partner visa in Australia is a nuanced process that often requires professional guidance to handle unexpected challenges and adhere to stringent regulations. Applicants may find it crucial to engage with immigration experts to ensure all requirements are meticulously met.
When to Consult Immigration Lawyers
Individuals seeking a partner visa should consider consulting immigration lawyers if they face legal complexities or require detailed clarification of the law. These legal professionals are equipped to provide comprehensive advice on the application process and to offer technical help with submitting evidence that substantiates the genuineness of the relationship. It is also wise to seek their assistance when applicants have previously faced visa rejections or if there are complicating factors such as health or character issues.
Dealing with Setbacks or Delays
Visa processing times can be lengthy, and setbacks or delays may occur. When an applicant encounters such hurdles, an immigration lawyer can be instrumental in navigating these delays. They can offer strategies to potentially speed up the process, such as ensuring prompt responses to requests for information and providing timely feedback to the Department of Home Affairs. If, after a thorough evaluation, one's application faces an insurmountable challenge, these experts can advise on the options available, including whether to amend or withdraw an application. Their expertise can prove invaluable in adjusting one's course of action to maintain eligibility for visa approval.
Frequently Asked Questions
Navigating the partner visa application process in Australia involves understanding specific eligibility criteria, processing times, and the evidence required to prove a genuine relationship. Each subclass of the partner visa has distinct requirements and implications that potential applicants should be aware of.
What are the eligibility requirements for a sponsor in a partner visa application?
The sponsor must be an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen. They are required to provide evidence of their relationship status and commitment to the applicant. Detailed information on these requirements is available on the Partner Visa FAQs webpage.
What is the average processing time for a partner visa in Australia?
Processing times for partner visas can vary, with the Department of Home Affairs updating these periodically. The timeframe can change depending on the number of applications received and the complexity of each case. Current processing times are listed on the Immigration and Citizenship webpage.
What are the main differences between the Partner Visa subclass 801 and subclass 100?
The Partner Visa subclass 801 is for applicants already in Australia and is a permanent visa, while the subclass 100 is a permanent visa for those outside Australia. It is often the second stage after the temporary Partner Visa subclass 820 or 309.
Can you apply for a partner visa from outside Australia, and how does that process differ?
Yes, one can apply for a partner visa from outside Australia using subclass 309, which eventually leads to the permanent subclass 100 visa. The process involves applying from overseas and awaiting both a temporary and permanent visa decision.
What kinds of proof are needed to establish a de facto relationship for an Australian partner visa?
Applicants must provide evidence such as joint finances, cohabitation, social recognition, and mutual commitment. It is required to prove the relationship has been genuine and continuous for at least 12 months, unless exemptions apply.
What are the work rights attached to a bridging visa during the partner visa application process?
Holders of a bridging visa (subclass A, B, or C) typically have full work rights in Australia while awaiting the outcome of their partner visa application. The specifics of these rights can be subject to conditions imposed on individual cases.
About Rocket & Ash Immigration Law:
At Rocket & Ash Immigration Law, we specialize in helping partners, graduates, and professionals navigate the complexities of Australian immigration law. Our expertise in visa applications ensures that you receive tailored advice and support throughout your immigration journey.
If you require assistance with your Subclass 820 partner visa application or have any other immigration-related queries, our experienced team can help. Contact us by email at: hello@rocketandash.com.au or by phone at: 02 9158 3854
Written by Ines Jusufspahic, LPN: 5511366
Please note that this article does not constitute legal advice or create an attorney-client relationship. Please consult an immigration professional for up-to-date information.
