The Ultimate Guide to the Australian Partner Visa: What You Need to Know
Australian Partner Visa: Essential Steps for a Successful Application
Navigating the complex world of visas can be daunting. Still, the Australian Partner Visa offers a pathway for eligible individuals to sponsor their partners to live, work, and study in Australia. The Australian Partner Visa application process can be intricate, so obtaining clear, up-to-date information and knowing the requirements and eligibility criteria is essential.
The Australian Partner Visa is divided into two subclasses: the Partner Visa (Subclass 820) for applicants currently in Australia and the Partner Visa (Subclass 309) for applicants outside Australia at the time of application. This visa allows individuals to join their Australian citizens, permanent residents, or eligible New Zealand citizen partners. Applicants must demonstrate that they are in a genuine and ongoing relationship, meet health and character requirements, and satisfy other criteria stipulated by the Department of Home Affairs.
It is crucial to provide all required documentation throughout the application process, including evidence of a genuine relationship, financial support, and shared responsibilities. Preparing a well-organized and thorough application will significantly increase the chances of approval and expedite the Australian Partner Visa process.
Eligibility Criteria
Age Requirement
Applicants for the Australian partner visa must be at least 18 years old. The applicant and their Australian partner must meet this age requirement to be eligible for the visa.
Health Requirement
All applicants and their dependents must meet specific health requirements to be eligible for the Australian partner visa. Health examinations are required and may include medical examinations, chest X-rays, and blood tests. Conditions that may affect eligibility include:
Tuberculosis
Hepatitis B or C
HIV/AIDS
Severe kidney or liver diseases
Character Requirement
Applicants and their dependents over the age of 16 must meet specific character requirements. These include:
Providing police clearance certificates from all countries they have lived in for 12 months or more during the past ten years
No substantial criminal record
No involvement in crimes like human trafficking, smuggling, or genocide
Relationship Status Requirement
Applicants for the Australian partner visa must be in one of the following relationship types with their Australian sponsor:
Married
De facto (having lived together for at least 12 months)
Engaged and planning to marry in Australia
Additionally, the relationship must be genuine and ongoing, with both partners having a mutual commitment to a shared life. Evidence of this may include:
Joint financial affairs
Living arrangements
Jointly owned property or assets
Shared responsibilities and decision-making
Meeting all these eligibility criteria is crucial for a successful Australian partner visa application.
Application Process
Gather Essential Documents
Before submitting an Australian Partner Visa application, gathering all the necessary documents is crucial. The applicant and their partner must provide evidence of their relationship, such as:
Joint bank account statements
Photos together
Social media conversations
Travel tickets
In addition, both parties must provide personal identification documents like passports, birth certificates, and proof of address. If either person has been married before, official documents proving the end of a previous marriage will also be required.
To make it easy, our expert solicitors will send you a complete document request upon initiation.
Also, our team will make sure that any questions about your documents are handled quickly and efficiently.
Submit Application
After gathering all the required documents, our team will create a draft application prior to submission that will allow you to review it and ensure everything is correct.
Wait for Decision
Once the application and documents have been submitted, it's a waiting game. The Department of Home Affairs (DHA) will review the application and may contact the applicant or their partner for further information, an interview, or an update on the relationship status. Please note that if you have engaged a lawyer or agent, the DHA will often communicate with this person.
Processing times can vary greatly depending on the complexity of the application and the number of applications received. It is best to be patient and update any information promptly if requested.
Grant of Visa
If the Department of Home Affairs approves the application, the applicant will receive a grant notification outlining the details of their Australian Partner Visa. Successful applicants must adhere to any conditions stated on their visa and maintain a genuine, continuing relationship with their partner. With the visa granted, the applicant can live, work, and study in Australia with their partner.
Costs Involved
Primary Application Fee
The primary cost associated with an Australian Partner Visa is the application fee. The application fee varies depending on whether you're applying for a temporary or permanent Partner Visa. Currently, the fees are as follows:
Temporary Partner Visa (subclass 820 or 309): AUD 8850.00
Permanent Partner Visa (subclass 801 or 100): No additional fee if you applied for the temporary partner visa first
Applicants should note that these fees are non-refundable and subject to change. Check the Australian Government Department of Home Affairs website for up-to-date pricing.
Additional Applicant Charges
If you are applying with dependents, there might be additional charges. The fees for additional applicants are as follows:
Adult (18+): AUD 4,430
Child (<18): AUD 2,215
professional fees
You can expect to pay between AUD 5000 - AUD 9000 to have a lawyer or agent assist you.
Health Examination Costs
Health examinations are a mandatory part of the Partner Visa application process. The costs for these examinations vary depending on the type of health test and service provider. Some common health examination fees include:
Medical examination: AUD 150–300
Chest x-ray: AUD 70–150
HIV test: AUD 25 - 70
Our team will provide you with a list of approved providers you can engage.
Certification Translation Costs
When applying for the Australian Partner Visa, one must provide supporting documents, many of which might require certified translations. There may be costs associated with obtaining certified translations, especially if the original documents are in a language other than English.
Translation costs usually depend on the number of pages and the language, with fees ranging from AUD 15 to AUD 100 per page. It is recommended to research local certified translation service providers to obtain an accurate quote for translation services.
Rights and Obligations
Work Rights
Australian Partner Visa holders have the right to work in Australia without any restrictions. This means they can work full-time, part-time, or casually and are not limited to specific industries or positions. Employers cannot discriminate against Partner Visa holders based on their visa status.
Study Rights
Partner Visa holders have the right to study in Australia. However, they may be subject to international student fees when enrolling in educational institutions. It is essential to research specific university or institution requirements to know what fees apply.
Medicare Coverage
Upon receiving a Partner Visa, holders become eligible for Medicare, Australia's public healthcare system. This allows them to access various health services, such as subsidized or free medical treatments, prescription medications, and hospital care. To access these benefits, visa holders must enroll in Medicare.
Social Security Benefits
Partner Visa holders may be eligible to receive certain social security payments provided by the Australian government. However, there may be waiting periods before receiving these benefits, depending on the length of time the visa holder has been in Australia. Examples of social security benefits include unemployment, family, and caregiver payments.
Path to Citizenship
Australian Partner Visa holders are on a pathway to Australian citizenship. After living in Australia for a specified period, they may apply for a permanent visa (Subclass 801) and, eventually, citizenship. The requirements for citizenship include passing a citizenship test and demonstrating a commitment to Australia and its values through residency and community involvement.
Common Mistakes to Avoid
Incomplete Applications
Submitting an incomplete application can lead to delays or even denial of your Australian partner visa. To avoid this, ensure that you:
Be upfront with your lawyer or agent.
Provide all necessary supporting documents, such as proof of your relationship and financial stability
Pay the appropriate application fee
Incorrect Documents
Providing incorrect or outdated documents can also cause issues with your application. Double-check that the documents you submit are accurate and up-to-date. Common mistakes include:
Expired passports
Invalid or expired police checks
Outdated financial statements
Not Meeting Deadlines
Missing deadlines can jeopardize your visa application. Make a note of important dates, such as:
The validity period of your police check
The expiration date of your passport
The deadline to submit additional requested information
By staying organized and keeping track of these deadlines, you can ensure that your application remains on track.
Misrepresentation of Information
Providing false or misleading information on your partner visa application can result in a visa refusal or even a ban on applying for future Australian visas. Be honest and transparent when completing your application. This includes:
Disclosing any previous visa refusals or cancellations
Accurately presenting your relationship history
Presenting a truthful account of your financial situation
By avoiding these common mistakes, you can increase the likelihood of a successful Australian partner visa application.
Benefits and Drawbacks
The Australian Partner Visa offers numerous advantages for eligible individuals. One of the most significant benefits is the ability to live, work, and study in Australia. With this visa, the applicant and their partner can enjoy the high standard of living that Australia offers, including access to healthcare, education, and various social services.
Another advantage of the Australian Partner Visa is the option of a temporary visa followed by a permanent visa pathway. This two-stage process allows the applicant and their partner to adjust their lives in Australia and develop financial stability before applying for a permanent visa. Moreover, the visa processing time is relatively faster than other family migration visas, approximately 12–18 months.
The Australian Partner Visa also comes with some drawbacks. One of the primary concerns for applicants is the high visa application fees. The partner visa application cost is around $8850 AUD, which, when combined with medicals and police checks, can be prohibitively expensive for some couples.
Additionally, the application process can be complicated and time-consuming, requiring extensive documentation to prove the genuineness of the relationship and meet legislative criteria. Some couples may find it difficult and stressful to gather the required evidence and navigate through the complex system.
Furthermore, applicants need to meet certain eligibility criteria, such as health and character requirements. This may result in visa refusals, especially if the applicant has health issues or a criminal record that could pose a risk to the Australian community.
In conclusion, the Australian Partner Visa offers numerous benefits for couples who are eligible, including the opportunity to live, work, and study in Australia. However, the high application costs, complex application process, and stringent eligibility criteria can present challenges for some applicants.
Conclusion
The Australian Partner Visa process is a practical solution for couples to unite and live together in Australia. With thorough preparation and an understanding of the visa requirements, applicants can navigate the process with confidence and increase their chances of success.
A vital aspect of the Australian Partner visa application is providing substantial evidence of a genuine and continuing relationship. This can include financial, social, and emotional aspects of the couple's life. By collecting and presenting appropriate documents, applicants can demonstrate the legitimacy of their partnership and satisfy the requirements set by the Australian immigration authorities.
Applicants must proactively arrange health checks, police clearances, and other required documentation, ensuring a smoother process for both the applicant and the sponsor. Meeting the necessary character and health requirements will further strengthen the applicant's case in the eyes of the immigration officers.
Finally, seeking professional advice and assistance, if needed, can significantly simplify the process and ease the stress often associated with visa applications. By following these guidelines and adhering to the provided regulations, couples can look forward to a life together in Australia and contribute to the diverse and thriving community of the nation. Please book in a free chat below if you would like our team to assist you.
The Australian Partner Visa process allows couples to unite and build a life in Australia. By understanding the requirements, gathering strong evidence, and adhering to the guidelines, applicants can feel confident in their application and pave the way toward a successful and fulfilling future together.
Written by Ines Jusufspahic, Legal Practitioner Number: 5511366This document does not constitute legal advice or create an attorney-client relationship. Please consult an immigration professional for up-to-date information.
