Australian Partner Visa

March 7, 2023 Josie Marr

Partner Visa

For many couples, applying for an Australian Partner visa can be an emotional and stressful experience. It requires providing evidence of a genuine and ongoing relationship, which can be challenging to prove on paper. However, with careful preparation and attention to detail, you can increase your chances of a successful application. Here are some top tips to help you along the way.

General Eligibility Requirements

To be eligible for an Australian partner visa, the applicant must meet several criteria:

Status of your partner: You must be in a genuine and ongoing qualifying relationship with your partner who is either an Australian citizen, an Australian permanent resident, or an Eligible New Zealand citizen.
Qualifying Relationship: The types of relationships that the Department will assess for this visa are:
- Marriage/Spousal relationships where you are married and mutually exclusive to each other
- De facto relationships where you have been living with your sponsor, in a mutually exclusive relationship, for at least 12 months
- Relationship Registration where you are living together in a mutually exclusive and domestic relationship but are unable to demonstrate your cohabitation for at least 12 months. In this case, the relationship must be registered with an Australian state or territory that participates in this offering.
Age: You must both be aged 18 years or over.
Health and character: You will need to the meet the health requirements, while both you and your partner will need to meet the character requirements, set by the Australian government.

Application Process

The Australian partner visa application process can be lengthy, but with proper preparation, it can go smoothly. There are two stages to the application process; the first, is the provisional stage and the second, is the permanent partner visa. Both applications are lodged at the same time but can often be assessed at different times.

Provisional Partner Visa

The first stage of the partner visa is the provisional partner visa.

As part of this process, the Department will be assessing, amongst other factors, the genuineness of the relationship. If successful, the provisional partner visa will allow you to live in Australia with your partner while your Australian permanent residence visa is being processed.

Permanent Partner Visa

The permanent partner visa is the second stage of the partner visa. Depending on the longevity of an established relationship and whether they are any children involved, this may be assessed at the same time as the provisional partner, or some time later.

As part of this process, the Department will be assessing, amongst other factors, that the relationship is still intact and its genuineness. If successful, Australian permanent residence is granted with a travel facility of 5 years. Eligible applicants are encouraged to apply for Australian citizenship as soon as possible within that time.

Tips for a Successful Partner Visa Application

The key to a successful partner visa application is thorough preparation and effort. This includes ensuring that all documentation is complete and accurate, and that all requirements are met.

Communication

One of the most crucial aspects of preparing a Partner visa application is open communication. Both partners need to be on the same page and discuss any previous relationships, criminal convictions, or medical issues that could affect the application – these will be asked during the application process and both parties will need to declare their knowledge of these factors in the respective partner’s life. Additionally, if you have a mark on your immigration history it may result in processing delays and further investigations into the relationship's genuineness.

Get On Board

Irrelevant of whether the relationship is very well established, or fairly new in comparison, the application process will require both parties to detail the nature of your relationship from the very beginning: how you met, when you decided to be exclusive, when you got engaged (if relevant) and what your plans are for the future together etc.

Couples often find this part quite difficult and an invasion of privacy. There is a line between providing too much, unnecessary detail and giving the case officer a clear picture of the genuineness of your relationship and so seeking professional help is always a good option.

Addressing Any Time Spent Apart

If you typically live together but have had to spend time apart, the Department will look into the nature of this separation and whether it is indicative of your relationship status with each other, or a result of external factors outside both your control. You will want to cover this off with further documents proving that it was/is not your intentions to be living apart for extended periods of time.

Supporting Evidence

Getting the right kind of supporting evidence is key. An extensive album of photographs are not usually relevant but, the odd snap shot from each year might be useful. Similarly, a joint bank account with no activity in it, or a marriage certificate or relationship certificate used on its own won’t be sufficient without further supporting documents from a while ago and the present.

Professional Help

Partner visa applications can be complex and seeking professional help can make the process smoother. A Registered Migration Agent or immigration lawyer can help guide applicants through the application process and check the documents are sufficient and the requirements are met.

The Department application fees alone are quite high and with Australia’s immigration laws changing regularly, the investment of engaging a qualified professional with suitable experience should help you appropriately address critical aspects relevant to YOUR situation and application.

Conclusion

The Australian partner visa program is an excellent pathway to permanent residency in Australia for those who are in a genuine and ongoing relationship with an Australian citizen, Australian permanent resident or Eligible New Zealand citizen. By meeting the eligibility requirements, preparing thoroughly and seeking professional help, applicants can increase their chances of success in the partner visa application process.