A PARTNER VISA is a classification of Australian visa that allows people to stay in Australia when they are in a romantic relationship with an Australian Citizen, Australian Permanent Resident, or an eligible New Zealand Citizen. Applying for an Australian Partner Visa can often be time-consuming and complicated due to the significant amount of material and information that must be provided to the Department of Home Affairs (Australian Government) (‘the Department’) for your application to be properly progressed.
In Australia, there are many different types of Partner Visas available, including:
The differences between Australian Partner Visas depend mainly on whether the applicant is applying from overseas and whether they already hold a different partner visa.
The Prospective Marriage visa, whilst technically not a Partner Visa, allows an applicant to travel to Australia for 9–15 months so that they may marry their partner who holds Australian citizenship, permanent residency, or eligible New Zealand citizen.
Irrespective of which partner visa you or your partner needs to apply for, there are similar requirements that need to be met in order to have a successful application.
In short, an applicant and their Sponsor (the Australian partner) needs to satisfy various character requirements, health requirements, relationship requirements and more.
To be eligible for a Partner Visa, the applicant will first need to satisfy the HEALTH REQUIREMENTS provided by the Department; and both the applicant and Sponsor will need to satisfy the CHARACTER REQUIREMENTS.
This article will not list all relevant Health & Character Requirements. However, we encourage you to contact our office for a free Initial Consult if any of the following risk-factors apply to your circumstances; as it is possible that you will fail to meet the necessary Health & Character Requirements:
When applying, it is important to disclose all criminal conduct you and your partner have engaged in and answer all questions truthfully. Please also note that the applicant may also be required to undertake a health examination.
You should note that the Department Of Home Affairs will consider all of your circumstances. This means that, even if you and your partner do not meet the health and character requirements, a Partner Visa may still be granted.
The Department will consider the totality of your relationship, whether onshore or offshore. Being married is not a guarantee for obtaining an Australian Partner Visa; and not being married does not mean you cannot obtain one.
For applications regarding onshore Partner Visas, you and your partner will need to either be married or in a de facto relationship.
For offshore partner visas, you and your partner need to either demonstrate an intention to enter into a de facto or spousal relationship; or be married already.
In determining a de facto relationship, you and your partner will have needed to be in a relationship of 12 months (not including the “period of dating”); and either live together, or at least live not permanently apart.
There are some exceptions to the 12 months of relationship requirement – such as if there are compelling and/or compassionate circumstances for the applicant to be granted the Visa; or if you have both registered your relationship with the appropriate Australian authority.
To demonstrate the status of your relationship to the Department, your application for a Partner Visa will need to address several Relationship Requirements as further elaborated upon below. You must provide evidence towards the Relationship Requirements even if you are married, or have been in a de-facto relationship for a substantial amount of time.
In assessing whether you and your partner meet the required relationship status for a Partner Visa, the Department will look at what evidence you have provided in support of the the following RELATIONSHIP REQUIREMENTS:
The nature of your household and living arrangements may include whether you both have children or share support for children/family members, if you share the responsibility for household duties and chores, and/or if you live together, etc.
The financial aspect of your relationship will encompass whether you jointly have any assets or liabilities, if you share joint bank accounts and how you both use them, your alternative financial arrangements if you do not have a joint bank account, and/or whether and how you both contribute to expenses, etc.
When assessing the social aspect of the relationship the Department will consider whether you both undertake social activities together, present as partners to friends and family, and/or have been recognised as a couple by third parties. It is important to note that at least two Australians (citizens or permanent residents) who know you both as a couple must provide Statutory Declarations about the genuineness of your relationship.
The nature of your commitment to each other may entail the history of your relationship, how you communicate with each other, how do you each provide emotional and physical support, the current status of your relationship, and/or any future plans you have for your relationship.
We confirm that the above provided examples are not exhaustive of all types evidence which you may attach to your application in support of same; and it is important to remember that each relationship is unique and requires special attention. Accordingly, Sambi Legal advises reaching out to our office for a free Initial Consult if you or a loved one is planning to migrate to Australia for tailored, personalised assistance in navigating the world of Australian immigration law.
A DISPUTE is broadly defined as a disagreement of some kind. DISPUTE RESOLUTION therefore describes the process undertaken to address this disagreement, and arrive at an outcome that ideally addresses the dispute fairly and effectively.
In many cases, it is not in the best interest of some or all of the parties to a dispute to bring the matter before a Court. In Australia, this does not limit our ability to reach Dispute Resolution – in fact, it broadens the possibilities available for getting the best possible outcome, without the added stress (or often, costs) associated with the Courtroom.
The process of reaching a resolution without litigating (or ‘going to Court’) is widely popular in Australia, and we call it ALTERNATIVE DISPUTE RESOLUTION.
While many view the commencement of legal action against someone as ‘taking them to Court’ (and this is not always untrue), there is actually an array of pathways to Alternative Dispute Resolution available to those who find themselves entangled in the law. Some of the more fundamental processes of alternative dispute resolution are demonstrated in the following linear spectrum, which also provides a map to understanding the layout of this article:
Broadly speaking, there are three PROCESSES to select from when considering which Alternative Dispute Resolution pathway is best for you: Facilitative Processes; Advisory Processes; and Determinative Processes.
The Facilitative Processes of Alternative Dispute Resolution include 1. Conflict Avoidance; 2. Negotiation; and 3. Mediation.
The Advisory Processes of Alternative Dispute Resolution include 4. Conciliation; and 5. Case Appraisal.
The Determinative Processes of Alternative Dispute Resolution include 6. Arbitration; and 7. Litigation.
It is often the case that, while involved in a legal dispute, your sole focus is on being successful. However, there are many other factors that are often just as important to consider: such as the costs of the process, how long it will take, the stress it may cause on you, how much control you have of the outcome, and/or how adversarial the process is.
These other factors are often the things that change depending on which alternative dispute resolution process you are involved in. The above-described spectrum can be viewed so that as you move down from 1. Conflict Avoidance towards 7. Litigation, these factors become more strenuous. The closer you move towards litigation; the more costly, time consuming, formal, rigorous, stressful, uncontrollable, and adversarial the processes become.
As such, if you have the opportunity to choose the platform in which your dispute is resolved, it is essential you consider all aspects of the matter and what you ultimately wish to achieve from the process.
It may be more commercial for you to attempt negotiations with an opposing party before resorting to the involvement of a third party such as a mediator or arbitrator. However, in some circumstances it is important to strike hard and quick by commencing litigation.
Even if you are set on resolving your matter through litigation, you may find that you have no choice but to engage in Alternative Dispute Resolution.
In some cases, alternative dispute resolution is mandatory and is not chosen by the parties.
Sometimes, a Court specifically will specifically order the parties to participate in alternative dispute resolution prior to continuing litigation.
Furthermore, alternative dispute resolution is often legislatively required before the matter can be heard before the court, such is the case in family law matters in which the parties are required to first participate in mediation. In these circumstances, it is still important to have an understanding of the alternative dispute resolution spectrum and what each of the three Processes entails.
The act of CONFLICT AVOIDANCE, or ‘walking away’, sometimes is the best course of action; and is often advisable in matters involving small amounts of money or large amounts of hassle.
Conflict Avoidance involves one or both of the parties simply resolving the matter at hand by leaving it be or facilitating its immediate resolution (such as perhaps paying an amount to a claimant).
NEGOTIATION is the process in which the parties to a dispute communicate and attempt to resolve the matter by reaching an agreed outcome.
Negotiations can be held directly in a single sitting or indirectly in which the parties correspond usually over email/letter communications and often with the help of a lawyer. In Negotiations, the parties often must compromise aspects of what they originally sought at the beginning of the process.
Apart from Conflict Avoidance, Negotiation is almost always the cheapest option of alternative dispute resolution as it does not require the intervention of a third party.
MEDIATION is very similar to direct Negotiation (held often in single sittings) except for the involvement of a Mediator.
A Mediator ordinarily does not assess or evaluate the matter or provide advice on the merits, rather they will act as a guide to facilitate a cooperative and effective agreement between the parties. A Mediator is chosen by the parties and does not favour a particular side of the dispute. Mediation is often a very good process to quickly and cheaply resolve matters that are complex, that involve more than two parties, and those in which the parties are particularly adversarial.
Parties will have to pay the Mediator’s fees to prepare for and attend the Mediation (though this is ordinarily shared amongst the parties).
CONCILIATION and Mediation are very comparable at first glance, except that the third party Conciliator will often be more forceful than a Mediator in their assistance in a dispute.
A Conciliator will also, in addition to encouraging the parties to reach an agreement, provide their advice about the prospects of the matter and make suggestions for potential settlement terms.
During a CASE APPRAISAL, a Case Appraiser will assess the merits of the matter and provide advice the possible outcomes of the matter. Additionally, a Case Appraiser will conclude how they believe the dispute would likely be resolved (and should be resolved) if it were to proceed to Arbitration or Litigation.
After the Case Appraiser’s conclusion, the parties elect whether they either agree with the conclusion; or whether they wish to continue to the Determinative Processes instead.
Much like in a Case Appraisal, in an ARBITRATION the parties will prepare and present their arguments and evidence to an Arbitrator who will ultimately make a conclusion.
However, the key difference between Arbitration and Case Appraisal is that any decision of the arbitrator is legally enforceable and the parties must abide by it, or formally appeal it.
LITIGATION is the process that actually involves getting the matter heard in a Court.
The litigation process is significantly more rigorous than the Alternative Dispute Resolution pathways available, as parties are required to adhere to Orders and/or Directions which often stipulate strict time limits on preparing and filing materials. The procedure followed in any case is also subject to the Court’s procedures, the rules of evidence, and much more. Ultimately, litigation will involve the matter being determined by a Judge(s) who will provide their legally binding Decision(s).
At Sambi Legal, we specialise in providing high-quality corporate and commercial legal services to businesses across Australia.
Whether you are launching a start-up or managing an established company, our experienced Brisbane-based team is here to support your success with tailored legal guidance from Bundaberg, to Sydney, and even to Tasmania.
Corporate law can be complex, but legal professionals – namely, Corporate Lawyers – are here to simplify it for you.
Corporate Lawyers offer assistance to businesses and individuals navigating business problems or complicated and confusing circumstances, including (but not limited to) the subject matters outlined in the below list.
Whether you are a Private Company, Startup, or Public Entity, a good-quality Corporate Lawyer can help to ensure that your operations are compliant, protected, and positioned for long-term success.
At Sambi Legal, we are proud to boast a selection of highly qualified Corporate Lawyers with experience in all of the above-listed subject matters, and regularly advise on same – in addition to many others.
Simply put, Commercial Lawyers (including the team at Sambi Legal) may be able to assist your business in matters involving drafting, negotiating, and reviewing complicated and important COMMERCIAL CONTRACTS.
Some examples of Commercial Contracts include those listed below, however, it is important to reach out to a legal professional even if you do not see your Contract in this list – as it is not exhaustive, and you may still be positioned to receive valuable advice from a Corporate Lawyer.
A good, high-quality Corporate Lawyer should aim to ensure that their clients Commercial Contracts are clear, enforceable, well-protected, and aligned with the commercial objectives set by the client. This is the foundation of our approach to Corporate Law and Commercial Law at Sambi Legal, and to demonstrate this, we invite you to Contact Us for a free fifteen-minute consult with one of our Corporate Lawyers.
Disputes are a reality in business, but we can well-prepare you to navigate these commercial litigation challenges.
Each team is different, with different areas of expertise. At Sambi Legal, we pride ourselves on maintaining diversity of skillsets throughout our entire office; and as a result, our team of experienced Commercial Litigation Lawyers can help you handle:
It is crucial that Commercial Litigation Lawyers represent their clients’ best interests throughout Negotiation, Mediation, and Litigation; always working toward practical resolutions that protect those interests effectively, and minimise disruption.
If your business is facing financial distress, a Corporate Lawyer may be able to help you explore the right options for you – and your business.
From restructuring and voluntary administration, to generally providing insolvency advice, Corporate Lawyers have a wealth of experience and education in how to approach the sensitive matters of both BANKRUPTCY and INSOLVENCY.
It is important to ensure that you choose the right lawyer for you and your goals – and even more important to make sure that whoever you choose, is protecting your business’s viability while ensuring compliance with relevant laws and obligations.
At Sambi Legal, we don’t want you to make a decision that you regret. We encourage you to meet a member of our team in a free Initial Consult, and discuss your specific circumstances and goals with one of our Corporate Lawyers to find out if we are the right representation for you.
