In Short
- Applicants must be married to or in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen, demonstrating a genuine and committed partnership.
- Submit a combined application for temporary and permanent partner visas. The temporary visa is granted first, allowing work and healthcare access, with eligibility for permanent residency two years after application lodgement.
- Provide comprehensive documentation covering financial and social commitments, shared household responsibilities and mutual commitment to a shared future.
Tips for Businesses
If your employees are applying for partner visas, ensure they understand the importance of submitting thorough evidence to demonstrate the genuineness of their relationship. Encourage them to seek professional legal advice to navigate the complex application process effectively.
You may be eligible for a partner visa if you are married to, or in a de facto relationship with, an Australian citizen, an Australian permanent resident or an eligible NZ citizen. Under this visa, you must provide evidence that you are in a genuine and committed relationship with your partner. Partner visas are suitable for people wanting to remain in Australia with their spouse or partner. However, this application involves expensive government fees and has a refusal rate of nearly 40%. This article will explain how to ensure that your application is correctly prepared to maximise your prospects of success.
The Application Process
The partner visa application process is a combined evaluation of your relationship.
When applying for the partner visa, you apply for both a temporary and permanent partner visa in a combined application. In most cases, the temporary visa is granted first and will allow you to:
- work in Australia;
- access healthcare; and
- travel in and out of the country.
After receiving a temporary partner visa, you will be eligible for the permanent residency visa two years from the date you lodge the combined application.
In certain situations, the Department of Home Affairs (DOHA) can waive the two-year wait for permanent residency. Accordingly, this means DOHA can grant the temporary and permanent partner visa simultaneously, provided you can establish that you and your partner satisfy the definition of a ‘long-term relationship’.
To satisfy this definition, at the time of lodging the combined application, you must:
- be in a relationship for no less than three years; or
- be in a relationship for no less than two years and have dependent children.
You can apply for the partner visa overseas (subclasses 309 and 100) or within Australia (subclasses 820 and 801). The indicative processing times are anywhere from 8 months to 26 months. If you want to enter Australia sooner and are applying from offshore, you may need to apply for a different visa. If you apply from within Australia and your current visa is due to expire, you will need to apply for a bridging visa. You will usually be issued a bridging visa if you have applied for the partner visa while holding a substantive visa. The bridging visa will allow you to remain in Australia between when your current visa expires and when the partner visa decision is made. The bridging visa may be subject to visa conditions limiting work and study rights.
Once your Permanent Partner Visa (subclass 801 and 100) is granted, as an Australian Permanent Resident, you may be able to sponsor eligible family members to join you in Australia.
What Are the Key Elements of the Partner Visa Application?
The key criteria to satisfy in a partner visa application is that you must demonstrate that you are in a genuine and committed relationship, to the exclusion of all others, with an:
- Australian Citizen;
- Australian Permanent Resident; or
- eligible New Zealand Citizen.
The DOHA will assess your relationship based on the following:
- whether you share a financial commitment and financial responsibility with your partner;
- whether you share household responsibilities with your partner;
- the social aspects of your relationship; and
- whether you and your partner are committed to sharing your lives together.
It is essential to prepare evidence that addresses each of these four elements.
Continue reading this article below the formWhat Kind of Evidence Do I Need to Prepare?
Your visa application should include detailed statutory declarations from both you and your partner that address the following aspects of your relationship:
- social;
- financial;
- household; and
- commitment.
You should support each claim with relevant evidence. Some evidence of a financial commitment might include shared bank statements. For the social element, you should include photographs and evidence of travel plans for the social element. To demonstrate a shared household, show that you have a joint lease and shared household responsibilities. To demonstrate a mutual commitment to each other, you might need to provide evidence of:
- engagement;
- marriage;
- children; or
- plans to have children.
Witnesses to your relationship will also need to prepare statutory declarations supporting your visa. The person making the statutory declaration must sign it in the presence of a justice of the peace (such as your immigration lawyer) or an eligible witness.
Why Might My Partner Visa Application Be Denied?
Even if you and your partner can demonstrate a genuine ongoing relationship, some factors will make obtaining a partner visa more difficult. You will need to prepare additional evidence for your application if you have;
- previously not complied with a visa condition either in Australia or internationally;
- significant health issues; or
- a criminal conviction.
If any of these adverse factors apply to you, it may be tempting to exclude them from your application to increase your chances of success.
For example, you might have a speeding offence from many years ago that appears insignificant to mention in your application. However, you should always honestly disclose any adverse factors.
Sponsoring overseas workers as an Australian business is complicated. Let us simplify it for you with this free employer guide.
Key Takeaways
If you and your Australian spouse or partner are applying for a partner visa, your application must include the following:
- evidence of a financial and social commitment, a shared household, and mutual commitment to a shared monogamous future together;
- statutory declarations from you, your partner and any witnesses to your relationship; and
- evidence addressing any character or health issues.
If you have any questions about obtaining a partner visa, our experienced immigration lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
You must supply evidence of your relationship’s social, financial, household and commitment to each other.
This visa is for individuals intending to marry an Australian citizen, permanent resident or eligible New Zealand citizen. It allows the visa holder entry into Australia for up to 9 to 15 months. During that period, the applicant must finalise their marriage and apply for a Partner (Subclass 820/801) onshore visa.
If you apply for a partner visa from within Australia, while on a substantive visa, you will usually be granted a bridging visa. This bridging visa allows you to stay legally in Australia while your partner visa application is being processed.
We appreciate your feedback – your submission has been successfully received.
