About This Visa
You may be eligible for a partner visa if you are in a married or de facto relationship with an Australian citizen or Permanent Resident, or eligible New Zealand citizen. This visa is available to both same sex couples and opposite sex couples.
Temporary and Permanent Visa Application
This application is a combined application for both a temporary and permanent visa. Generally you will be granted the temporary visa (subclass 820 in Australia, subclass 309 out of Australia) and then 2 years from the date of visa application, if your relationship is still ongoing and your partner continues to sponsor you, you will then be eligible for grant of the permanent visa (subclass 820 or subclass 100). Once granted, your spouse or de facto partner visa will allow you to stay in Australia with full work rights as well as access to Medicare. You can also travel freely in an out of Australia.
Gaining Permanent Residence
After the two year period, the Department of Immigration will look to grant you a Permanent Partner Visa. At this stage, you will be asked for current evidence of your relationship. It is possible in certain circumstances to move directly to the permanent visa without having to wait 2 years where:
- You are in a ‘long standing’ partner relationship meaning you have been –
- in a relationship with your partner for three years or more at the time of application; or
- in a relationship for two years where there are dependent children of the relationship; or
- if your partner was granted a permanent visa under the humanitarian program or was granted a protection visa and was in the relationship with you before the visa was granted and this relationship was declared to DIBP at the time.
What if The Relationship Breakdowns?
In some circumstances, you may be eligible for permanent residence even if the relationship has broken down before your visa is granted. These circumstances include where :
- your partner has died since the visa application was lodged; or
- you and your Australian partner have children under 18 years of age and you have access rights; or
- If you or your dependants have been subject to domestic violence (called family violence in Australian migration law) during this period.
In order to be eligible for a partner visa, you must establish that you are in a genuine married or de facto relationship, it is genuine and you have a commitment to a shared life together, to the exclusion of all others. You must live together, or not live apart on a permanent basis. If you are a in a de facto relationship you must live together for at least 12 months or have registered your relationship in the state in which you live. These requirements can be waived however, if you establish compelling circumstances in your application.
The Department of Immigration will assess your relationship on the following aspects – look at a number of aspects of your relationship, including:
- Cohabitation Evidence : that is evidence to prove you are living together , eg a lease, bills in joint names, mail addressed to the same address.
- Financial Interdependence: For example, joint bank accounts, joint ownership of property, joint financial commitment such as leases, mortgages, insurance policies.
- Social aspects of the relationship: Joint travel, joint social activities, how your family and friends view your relationship.
- Nature of the commitment: that is your relationship a genuine loving de factor or spousal relationship
Can I Still apply if I don’t have a visa and I am unlawful?
Yes, it is still possible to apply for a partner visa or spouse visa in Australia if you do not have a visa. However, there are further barriers that must be overcome to achieve a successful outcome and each case must be assessed on a case by case basis to see if additional criteria applying to people in Australia without visas can be met.
Health & Character
Before a decision is made on your application, you will need to provide full health and police checks. If you do have a medical condition, a waiver of the usual health requirements is possible but submissions will need to be made on this to ensure your waiver is achieved and your visa granted
Why use Turner Coulson Immigration Lawyers?
Partner Visa applications are tested rigorously by the DIBP and are regularly refused due to lack of evidence, inconsistent information or just being poorly prepared. You know your relationship is genuine but the job at hand is to establish this to the DIBP case officer.
As your’s, your wife’s and your children’s futures depend on this visa outcome, it is essential to get good advice up front and lodge your application in a way that ensures best chances of success. Turner Coulson (Immigration Lawyers Sydney) have more than 20 years’ experience advising on and lodging partner applications with a very high rate of success. If there are challenges to your application, these will be discussed with you in an open and frank manner. Whether your case is apparently simple or more complex, you can be confident of our expertise knowing your family’s future is in good hands.
So call now and let us secure your future in Australia:
We will assess your situation on an individual basis and provide you with the best advice to make your stay in Australia hassle-free.