If you’re in a genuine relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, the partner visa allows you to join your partner in Australia. The partner visa is one of the most sought-after immigration options for couples who wish to live together in Australia. This visa allows the applicant to stay, work, and study in Australia while their permanent residency application is processed. The journey to obtaining a partner visa, however, requires an understanding of the specific requirements and the process involved.
In this article, we’ll guide you through how to apply for a partner visa for Australia, covering all the key steps, eligibility criteria, and what to expect from the process.
Understanding the Partner Visa
The Australian partner visa is specifically designed for couples in a genuine relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. The visa comes in two stages: a temporary visa and a permanent visa. The temporary visa allows the applicant to stay in Australia while waiting for the permanent visa to be granted. The permanent visa, once granted, gives the applicant the full rights to live in Australia permanently.
Types of Partner Visas
There are two main categories of partner visas:
Subclass 820 and Subclass 801 (Onshore) Partner Visa
Subclass 820 is a temporary visa for applicants who apply while in Australia.
Subclass 801 is the permanent visa granted once the temporary visa holder has proven that the relationship is genuine and continuing.
Subclass 309 and Subclass 100 (Offshore) Partner Visa
Subclass 309 is a temporary visa for applicants applying from outside Australia.
Subclass 100 is the permanent partner visa granted after the initial visa holder meets the necessary requirements.
While the subclass 820/801 is for those already in Australia and the subclass 309/100 is for those applying from outside, both processes are similar. You will be granted a temporary visa first, and your permanent visa will be assessed at a later date.
Eligibility Criteria for Partner Visa
Before applying for the partner visa, you must meet the eligibility criteria. Below are the primary requirements for applying for a partner visa.
1. Relationship Requirements
The most important part of the partner visa application is proving that you are in a genuine and continuing relationship with your partner. The Australian Department of Home Affairs has specific guidelines for proving the authenticity of your relationship. These include:
Living Together: You and your partner must either live together or, if living separately due to work, health, or other reasons, maintain a strong and continuous relationship.
Commitment: You must demonstrate that both of you are committed to each other and intend to live together as a couple.
Financial and Emotional Support: Evidence that you both support each other emotionally, financially, and domestically is critical.
Social Recognition: Your relationship should be recognized by friends, family, and the community as being genuine and ongoing.
This evidence can include joint bank accounts, rental agreements, joint bills, photos together, travel together, and written statements from friends and family.
2. Partner Requirements
The sponsor (your Australian citizen, permanent resident, or eligible New Zealand citizen partner) must meet specific requirements:
Australian Citizen, Permanent Resident, or Eligible New Zealand Citizen: Your partner must be an Australian citizen, permanent resident, or an eligible New Zealand citizen.
Age Requirements: Your partner must be at least 18 years old.
No Violent Criminal Record: Your partner must not have a criminal history related to violence or sexual offences.
Health and Character Requirements: Your partner must meet health and character checks.
3. Applicant Requirements
Age: Applicants must be at least 18 years old.
Health Requirements: Applicants must meet the health standards set by the Australian Government, which may involve undergoing a medical examination. This is to ensure you don’t have a serious medical condition that could burden the Australian health care system.
Character Requirements: Applicants must meet certain character requirements, which involve providing a police clearance certificate from every country where you have lived for 12 months or more in the past ten years.
4. Application Process for Partner Visa
The partner visa application process is detailed and involves several key steps. Below is a step-by-step guide to the process.
Step 1: Prepare the Required Documents
The first step in applying for a partner visa is to gather all necessary documents. While specific requirements may vary, typical documents include:
Identification Documents:
Passport and birth certificate
Proof of identity and nationality
Passport-sized photographs of both you and your partner
Proof of Relationship:
Evidence of living together (e.g., joint lease agreements, shared utility bills)
Affidavits or statutory declarations from friends, family, or colleagues that support the authenticity of your relationship
Photographs of your relationship, showing your time together at various events and locations
Travel records, including joint travel plans or trips taken together
Evidence of any shared financial responsibilities (e.g., joint bank accounts, life insurance, shared assets)
Health and Character Documents:
Police clearance certificates from all countries you’ve lived in for 12 months or more in the past ten years.
Medical examination results from an approved panel physician.
Partner’s Documents:
Proof of their Australian citizenship, permanent residency, or eligible New Zealand citizen status.
If applicable, proof of dissolution of any previous relationships, such as divorce or death certificates.
Step 2: Lodge the Application
Once you have all the required documents, you can submit your application either online or on paper, depending on the visa subclass you are applying for (subclass 820/801 for onshore applicants or subclass 309/100 for offshore applicants). For online applications, you will need to create an account with the Australian Department of Home Affairs and upload your documents electronically.
In most cases, the initial visa will be granted as a temporary visa (subclass 820 or 309), which allows you to live in Australia while your permanent visa application (subclass 801 or 100) is processed.
Step 3: Biometrics and Interviews
In some cases, applicants may be required to attend a biometrics appointment to provide fingerprints and facial photographs. Additionally, the Department of Home Affairs may ask for more information or schedule an interview to verify the authenticity of your relationship.
Step 4: Wait for Processing
The processing times for partner visas can vary depending on your situation, including where you apply from (onshore or offshore). On average, it can take anywhere from 12 months to 2 years for your permanent visa (subclass 801 or 100) to be granted.
During this period, your temporary visa (subclass 820 or 309) will allow you to stay in Australia legally, work, and study. Your permanent visa application will be processed concurrently, and you will be notified when it is approved.
Step 5: Wait for a Decision
Once the Department of Home Affairs has processed your application, they will make a decision on whether to grant your permanent partner visa (subclass 801 or 100). If approved, you will be granted permanent residency in Australia, allowing you to live, work, and study in the country indefinitely.
If your application is refused, you will be informed of the reasons for refusal, and you may be able to appeal the decision or apply for a different visa.
Processing Times and Costs
The processing times for partner visas can vary depending on the complexity of your application, the country you are applying from, and whether additional documentation is required. On average:
Temporary Visa (Subclass 820 or 309): 12 to 18 months
Permanent Visa (Subclass 801 or 100): 18 to 24 months
The application cost for a partner visa is significant, and the fee depends on the type of visa and the country from which you apply. The partner visa fees generally range from $7,000 to $8,500, which includes both the temporary and permanent visa application fees.
Additional costs may arise for medical examinations, police checks, translation of documents, and biometrics.
Challenges and Considerations
While applying for a partner visa in Australia is an exciting opportunity to start your life together, there are challenges to keep in mind:
Proving the Relationship: The biggest challenge in the application process is proving that your relationship is genuine. You need to present substantial evidence that shows your relationship is ongoing and committed.
Processing Delays: The lengthy processing times can be frustrating for many couples, especially if they want to live together immediately. During this waiting period, applicants may feel uncertain about their future in Australia.
Refusals: In some cases, partner visas are refused. If this happens, applicants can appeal the decision, but it is a lengthy and costly process.
Conclusion
Obtaining a partner visa for Australia is a significant step for couples who wish to build a future together in Australia. The process involves careful preparation, including gathering supporting evidence, ensuring both partners meet eligibility requirements, and waiting for the visa to be processed. By understanding the requirements and following the application steps, you can increase your chances of a successful application. While the process may seem daunting, the end result—permanent residency and the ability to live together in Australia—can be a rewarding experience for you and your partner.
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