Immigrating to another country can be a long, complex, and confusing process. However, for someone married to or the long-term partner of an Australian citizen or an eligible New Zealand citizen, you can apply for an Australian Partner Visa, also called a Spouse visa.
As with other visas, obtaining one entails meeting strict requirements. This article will help you understand what you need to provide, the different types of visas, and the common stumbling blocks that can result in authorities denying your application.
Understanding the Australia Partner Visa
The Australian government requires a Partner Visa to access government services, residency, and work or study in the country. It’s the first step to citizenship for the spouse or de facto partner of an Australian or eligible New Zealand citizen.
Purpose and Benefits
A Temporary Partner Visa lets you do the following while waiting for your permanent Partner Visa:
- Live, work, and study in Australia
- Leave and enter Australia as many times as you want
- The ability to join free English classes provided by the Australian government
- Access to the Australian healthcare system.
In addition, once the Permanent Partner Visa has been approved, you can do the following:
- Sponsor family members to immigrate to Australia
- Apply for Australian citizenship.
Eligibility Criteria
To apply, you must genuinely intend to live together, be engaged, or married.
Applicants must be ready to prove they are in a genuine relationship and provide enough documentation.
Types of Partner Visas
There are different levels of Partner Visas available depending on your situation:
- Prospective Marriage Visa (Subclass 300 Visa): This visa lets you enter Australia and marry your spouse within nine months of receiving it. It is also referred to as the Offshore Partner Visa.
- Temporary Partner Visa: This visa lets you live, work, and study in Australia while you wait for a permanent visa.
There are different visas based on your location at the time of application:
- Subclass 309 visa if outside Australia
- Subclass 820 visa (onshore Partner Visa) if inside Australia
- Migrant Partner Visa (Subclass 100) – Provides permanent residency
- Permanent Partner Visa (Subclass 801) – Live, work, and study in Australia. You can also apply for citizenship.
Eligibility Requirements for the Partner Visa
Qualifying for a Partner Visa can be complicated. You must prove, on paper, that your relationship is genuine. Proving you are living a shared life can be difficult, so this section will guide you on how to get started.
Also, those seeking a Partner Visa must provide character references, up-to-date health information, and their current financial status. You must meet one of the requirements to ensure your application is approved.
Relationship Requirements
To be approved for a Partner Visa, your relationship must fall into one of these categories:
- Engaged (and getting married within nine months of receiving the visa Subclass 300).
- Legally married and recognized under Australian law.
- De facto partner relationship with an Australian citizen or an eligible New Zealand citizen.
All relationships must last at least one year with cohabitation. If the relationship is less than one year or you have been living separately for this time, it will not meet the basic threshold for consideration.
Evidence of Relationship
The Partner Visa application must include evidence of your relationship and the following documents:
- Shared finances – This includes joint bank accounts, credit card statements, and major assets held together.
- Shared household – Evidence of cohabitation, like both names on a lease or utility bills.
- A genuine relationship – Documents that display a mutual commitment to each other, such as a marriage certificate or social proof from shared trips and activities.
The proof required for a Prospective Marriage Visa is lower. It does not include a shared household or shared finances. A prospective spouse must, instead, intend to marry their sponsor within nine months. Failure to do so will result in the loss of their temporary Australian visa.
Sponsor Requirements
Your visa sponsor must be an Australian citizen, permanent resident, or eligible citizen of New Zealand. All sponsors must also be at least 18 years old. Potential sponsors must be approved, provide character references, and include current financial statements. Sponsorship Form 40SP must be properly filled out and submitted to be eligible.
Sponsors can sponsor two people for a Partner Visa. At least five years must pass between each instance. Most sponsors must provide an Assurance of Support. It proves they can support the Visa applicant throughout the process.
Applicant Requirements
Every Partner Visa applicant must meet the following criteria to be considered:
- In a committed, ongoing relationship with an Australian or eligible New Zealand citizen
- Live together with your partner or intend to do so
- Is at least 18 years of age
- Able to meet the required character standards
- Pass the health standards.
Other Requirements
Partner Visa applicants must acknowledge they have read the Life in Australia booklet and agree to uphold Australia’s values.
Partner Visa applicants will undergo a criminal background check and a credit check as part of the character standards requirement. A felony on your record will hurt your chances of approval. And if you owe money to the Australian government, the application will be denied.
Applying for the Partner Visa
Applying for a Partner Visa, whether Prospective, Temporary, or Permanent, is a long process. Before you submit documents to the Australian Government Department of Home Affairs, you must ensure everything is in order. One missing document can set back the process by weeks or months.
Visa Application Process
Once your documents are in order, it’s time to complete the application. This is handled online through ImmiAccount, and you must be outside the country while applying for the Prospective Partner Visa. Here are the steps:
- Login to ImmiAccount.
- Select “New Application” – “Family” and then the correct Stage for the requested visa (Prospective, Temporary, or Permanent).
- Complete the application form online. This part can take over an hour.
- Pay the visa application charge.
- You will get a transaction reference number (TRN). You must give it to your sponsor, as they will need it.
- Lastly, attach the supporting documents. These include character statements and social proof of the relationship.
When attaching documents, label them clearly. Attach each document only once, even if referenced multiple times. The limit is 100 documents per person per application, including those involving children.
Required Documents
The required documents vary slightly by Partner Visa type. But, they generally include:
- Proof of Identity
- Birth certificate
- If one is not available, a court-issued document may be used instead
- Evidence of any name-change
- Marriage/Divorce certification
- Change of name documents from your country’s relevant department
- Current passport
- Evidence of relationship with partner
- Proof of commitment to a spouse or de facto partner
- Applicants commonly use wills
- Evidence of communication when apart
- Know each other’s family background and personal histories
- Cohabitation
- Are not related
- Proof of commitment to a spouse or de facto partner
- A written statement describing the relationship history with your partner
- How you first met, how you’ve spent time together, significant events, plans, etc.
- Relationship Documents
- Marriage certificate
- If not married, provide other proof of a de facto relationship. This can include finances, household, and social proof.
- If the relationship has not existed for over a year, you can write and explain the compelling circumstances that deserve an exception.
- If formerly married, a divorce certification or death notice must be provided
- Two declarations by an Australian citizen or an eligible New Zealand resident to show you are in a committed relationship
- Character Documents
- Police certification from every country you have lived in since turning 16
- If you have been in Australia for over one year, you need a police certificate from the Australian Federal Police.
Visa Application Fees
In addition to a visa application and all required documents, some fees vary depending on which Partner visa you are applying for.
As of July 2024, the Prospective Marriage Visa starts at AUD 9095 and is an additional AUD 1920 when you apply for the Permanent Partner Visa.
All other Partner visas will cost AUD 9095.
You must pay the following fees for any Partner Visa (costs may vary based on circumstances):
- Additional applicants
- Tribunal Application fee
- Medical Screening
- Health Biometrics
- Police Certification
Processing Times
Partner Visa processing times will vary depending on the complexity of your case. You can reduce the wait time by submitting all the documents and meeting the basic eligibility.
The standard processing time for each Partner Visa is as follows:
- Prospective Partner Visa (Subclass 300) – 25 to 40 months
- Temporary Partner Visa (Subclass 801) – 30 to 51 months
- Migrant Partner Visa (Subclass 100) – 9 to 13 months
- Permanent Partner Visa (Subclass 820) – 30 to 51 months
Stages of the Partner Visa Application
Applying for a Prospective Marriage Visa or a Permanent Partner Visa takes much time and planning. Hence, the process is broken down so applicants can be with their partners.
Temporary Partner Visa
A Temporary Partner Visa (Subclass 801) can be issued for applicants who pass the initial screening, allowing them to stay in Australia temporarily. They must also prove their relationship is genuine and raise no red flags in their character or health assessments.
After two years, applicants are eligible for the Permanent Partner Visa. The Temporary visa will stay valid until the Permanent visa is accepted or rejected, allowing applicants to live, work, and study in Australia.
Permanent Partner Visa
After two years on the Temporary Partner Visa, applicants can get the Permanent Partner Visa.
The Permanent Partner Visa allows the applicant to become a permanent resident. Afterward, you can apply for Australian citizenship. It also grants access to healthcare and allows the holder to leave the country for up to five years.
Common Reasons for Partner Visa Refusals
Unfortunately, your visa application may be rejected even after you submit it and pay the required fees. The Partner Visa is the most requested type of visa in Australia, but it also has the highest rate of refusal. Knowing these issues before you start on the application will boost your chances of approval.
Insufficient Evidence of Relationship
The most common issue for applicants is a need for proof of a genuine de facto relationship.
It can be hard to prove a loving relationship on paper, as it requires much documentation, from where you met to how you share finances.
You must inform friends and family that you started the application. Officials will contact them about your relationship.
Include anything that shows your lives are intertwined. This includes joint ownership of assets, wills, and even a joint bank account.
You must also show someone who has never seen you together that you are in a loving, committed relationship.
Failure to Meet Requirements
Your application will be rejected if you are not married to or in a de facto relationship with an Australian or eligible New Zealand citizen during the approval process. This is why it is important not to lie on your documents or application. This can include age, as you must be at least 18 at the time of the application and not by the time of the marriage.
You cannot apply for a Partner Visa if you already have a temporary visa from another program, like the Skilled Laborer Visa.
Character or Health Concerns
All Partner Visa applications should include supporting documentation about your character. If you fail to disclose a criminal charge and it appears in the background check, your application will be denied.
Even if you have no criminal record, if you are involved, or suspected to be involved, with a group the Minister reasonably suspects of violence and criminal activity, your application can be denied.
The health requirement aims to protect Australians from contagious diseases. It also seeks to prevent entry to anyone who would severely burden the healthcare system. You can fail the health examination if you have a disease such as COVID-19 or even measles.
Tips for a Successful Partner Visa Application
Applying for a Partner Visa, whether as a prospective partner or joining your spouse in Australia, is a long and time-consuming process that can strain any relationship. To minimize disruption and help ensure a visa grant, here are a few tips to make your life easier. The Sponsorship Form 40SP must be filled out and submitted to be eligible.
Start Early
As mentioned, all Australian Visa processes take months, often years, for approval. Therefore, starting early is the best thing you can do. Once you and your spouse know you want to live in Australia, start preparing your application.
It is impossible to get back lost time, and there is no way to speed up the application process. However, preparing in advance will ensure you don’t waste too much time on the application and waiting for its approval.
Gather Comprehensive Evidence
Proving you are in a committed and supportive relationship, whether engaged, a de facto partnership, or a long-term married relationship, can be difficult on paper. Part of preparing early should be considering what documents you need to provide and how to find them.
Photos on social media can prove the relationship. But, you need a paper trail to convince a government official without talking to them. Keep track of major purchases, joint bank statements, and lease or mortgage documents. Also, consider creating wills.
As part of your evidence collection, talk to friends and family about the Visa application. Remember, two supporting statements from Australian citizens are required, and your friends and family will be interviewed regarding your relationship.
Seek Professional Advice
The best thing you can do for yourself and your partner is to find a reputable migration agent or immigration lawyer who can walk you through the process. Being prepared and researching will help you a lot, but every relationship and every situation is different, including yours.
Going over your documentation and the process of obtaining an Australian Partner Visa with a migration agent can only improve your chances of a successful outcome.