Partner Visa allows the partner or spouse of an Australian citizen, Australian Permanent Resident, or eligible New Zealand to settle in Australia indefinitely. Partner Visas are a two-stage application, applied at the same time but processed two years apart.
ABOUT PARTNER VISA IN AUSTRALIA
TYPES OF PARTNER VISA
Onshore Partner Visa
The onshore partner visa will let partners of an Australian Citizen, PR or eligible NZ citizen to remain in Australia until a decision is made regarding your partner visa application.
This visa lets you travel to Australia to marry your prospective spouse and then apply for permanent residency.
ARE YOU ELIGIBLE?
To be eligible for a Partner Visa, you must:
You must be the spouse or de facto partner of an:
- Australian citizen
- Australian permanent resident or
- Eligible New Zealand citizen
If you are in a de-facto relationship, it must have existed for at least 12 months before you apply for the visa;
- Be in a genuine and continuing relationship
- Meet health and character requirements
THINGS THAT CAN GO WRONG IN A PARTNER VISA
You may run into Schedule 3 Issues
If you lodge an onshore subclass 820/801 partner visa application while holding a bridging visa (of any type), this enlivens the Schedule 3 Criterion of the Migration Regulations 1994. If you fall into this category, you will need to demonstrate compelling reasons for the grant of an onshore partner visa.
You may be section 48 barred
If you do not hold a substantive visa and have had a visa (other than a partner visa) refused or cancelled, you are s 48 barred. While partner visa falls under the exempt categories of visas to apply for while s 48 barred, you may need to submit additional submissions and documents in regard to your application.
Your application can be significantly delayed.
If you do not submit a decision ready application, you may be significantly disadvantaged as it will increase the processing time for your visa application. To combat this, we will provide you with a comprehensive visa checklist designed to evidence your relationship as genuine and continuing.
Your visa could be rejected on health and character grounds.
You must meet the minimum health standards and have good character to live in Australia. This means you must pass the character test (ie; not have a substantial criminal record), and remain of good health (ie; significant medical condition).
If this applies to you, you may require additional evidence to circumvent the adverse information against you – reach out to us for a comprehensive consultation.
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Can I apply for the visa if I have a condition 8503 on the visa?
If you hold a visa that has a “no further stay” condition you are not able to make an application for this visa in Australia. You will need to get this waived before applying for a partner visa.
Can I travel to Australia without a travel ban exemption?
Yes, you can if you have an approved partner visa.
Can I include my children in the application?
You can include your child (or stepchild) in the application if they are not married, engaged to be married or in a de-facto relationship and meet the following requirements:
- they have not turned 18; or
- if they have turned 18: o they are and have been for at least 12 months wholly or substantially reliant on you for financial support to meet their basic needs; OR o they are incapacitated for work due to the total or partial loss of their bodily or mental functions
What happens if my application is refused?
If your application is refused you may be able to seek review of that decision at the Administrative Appeals Tribunal.
Download your Partner Visa Application Checklist
Need A Consultant?
We offer a free no obligation ‘one to one’ consultations in a confidential relaxed environment, where we can discuss your options.
Other Primary Practices
Along with Partner Visa, we also specialise in many visa subclasses.
- Employer Sponsored Migration
- Skilled Migration
- Parent Visa
From Our Clients
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