Navigating the maze of visa applications can be a daunting task, especially when it comes to matters as personal as partnerships and personal relationships. For those considering a move Down Under to be with their significant other, understanding the intricacies of Partner Visas to enter Australia is crucial.
NB Migration Law has over 25 years experience and our skilled lawyers from countries all over the world know exactly what it is like to go through the migration and visa process, but even more importantly we know what it is like to live as a migrant in this country.
Whether you’re already in Australia or creating a long-term plan to move abroad, here’s what you need to know before applying for a Partner Visa.
What is a Partner Visa?
Under the Partner Visa Stream an applicant can be sponsored by their Australian spouse, de facto or interdependent partner who must be either an Australian citizen, Australian permanent resident or an eligible New Zealand citizen, aged over 18 years.
• Marriage
• Prospective marriage
• De facto relationship
Depending on your circumstances and the nature of your household, there are a few different options available should you meet the above requirements and be in the process of making preparations. Find out what kind of Partner Visa application may be suitable for you and your partner or spouse below.
Onshore Applications:
If you’re already living in Australia and deeply committed to a relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, the Partner Visa (820/801) is your go-to option. This visa allows you to reside and work in Australia while awaiting a decision on your permanent (801) visa. It’s a pathway that provides the flexibility to build a life together while formalities are processed.
Offshore Engagements and Relationships:
For those engaged to an Australian citizen, permanent resident, or eligible New Zealand citizen but currently residing outside Australia, the Prospective Marriage Visa (300) is a suitable route for you. This temporary visa allows entry into Australia for the purpose of marriage. Once you have married, you can seamlessly transition to the subclass 820/801 Partner visa.
If you’re in a committed de facto relationship or married to an Australian citizen, permanent resident, or eligible New Zealand citizen but currently living outside Australia, the Partner Visa (309/100) is suitable for these circumstances. This visa facilitates entry into Australia to be with your partner, granting you the freedom to live, work, study, and travel without constraints.
Navigating Schedule 3:
For those onshore without a substantive visa or residing unlawfully at the time of lodging a Partner visa application, Schedule 3 Partner visa eligibility might be applicable. Meeting the Schedule 3 criteria is essential in such circumstances, providing a lifeline for those facing visa uncertainties.
Addressing Family Violence:
In situations where domestic or family violence has impacted a relationship, provisions are in place to safeguard victims and maintain their Partner Visa eligibility. This is particularly pertinent for those holding or applying for an 820/309 visa or who have married their sponsor under a 300 visa. The primary purpose of these provisions is to offer protection and support to victims, ensuring their visa status remains secure despite relationship breakdowns due to violence.
Processing Time for Partner Visas in Australia
Although there is no specified duration for the processing of Partner Visa applications, on average, it takes between 16 to 24 months before your visa is granted. Typically, the department responds to applications only after the published dates on their websites have passed. However, the processing period for Partner Visa applications varies due to several factors, including:
- Whether the application includes a comprehensive list of supporting documents
- Promptness in responding to requests for additional information by the applicant
- Duration of information and background checks concerning the provided details
- Time required to obtain information from external sources beyond the immigration department’s scope, such as health, national security, background, and character checks
- Availability of vacancies within the authorities for partner migration programs
- The final decision relies on the authenticity of all information and documents submitted with the application.
It is advisable to apply for the Partner Visa well in advance of your planned travel or migration date to ensure sufficient processing time. Additionally, refrain from making travel arrangements, such as ticket bookings or lodging, until you receive a positive outcome for your application.
Have questions? No Borders Migration Law is here to help you
Understanding these different visa options and the associated requirements is paramount for anyone considering applying for a Partner Visa in Australia.
Seeking professional advice and guidance throughout the application process can significantly ease the burden and increase the chances of a successful outcome. It is crucial to ensure that all documentation is provided correctly and promptly, as incomplete or incorrect information can delay the processing of your application or even lead to its rejection.
That’s why it’s recommended to seek the assistance of an experienced migration law firm like No Borders Law Group to guide you through the process and help ensure that your application is successful.
Additionally, staying informed about any updates or changes to visa policies and regulations is crucial, as they can impact the application process and eligibility criteria. It is also important to be aware that the Department of Home Affairs may request further information or documentation to support your application. It is important to respond to these requests promptly to ensure that your application is not delayed.
In conclusion, embarking on the journey of applying for a Partner Visa in Australia requires thorough understanding, careful planning, and informed decision-making. By familiarising yourself with the available options, meeting necessary criteria, and seeking expert guidance where needed, you can navigate the path to reuniting with your loved one in Australia with confidence.
Are you eligible to apply for a Partner Visa?
Find out now. Your journey to being with your loved one in Australia begins here.