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:
- Partner Visa (Temporary) (Subclass 820);
- Partner Visa (Permanent) (Subclass 801);
- Partner Visa (Provisional) (Subclass 309);
- Partner Visa (Migrant) visa (Subclass 100); and
- Prospective Marriage Visa (Subclass 300).
Understanding Which Partner Visa To Apply For
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.
EXAMPLE
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.
Health & Character Requirements
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:
- You/your partner have a substantial criminal record;
- You/your partner have been convicted of a sexually based crime involving a child;
- You/your partner are or have been involved in groups that are suspected of being involved in criminal conduct;
- There is a risk that while in Australia the applicant would engage in criminal conduct;
- You/your partner are otherwise not of good character; and/or
- The applicant’s disease or condition:
- May cause significant healthcare and community service cost to the Australian community; or
- Is likely to limit access of Australian citizens and permanent residents to healthcare and community services that are in short supply.
What Should You Disclose?
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.
Check The Status Of Your Relationship
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.
Relationship Requirements
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 (or intentions for such).
- The financial aspect of your relationship;
- The social aspect of your relationship; and
- The nature of your commitment to each other.
EXAMPLE: Nature of Household & Living Arrangements
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.
EXAMPLE: Financial Aspect
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.
EXAMPLE: Social Aspect
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.
EXAMPLE: Nature of Commitment
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.
