Available to spouses and de facto partners of Australian citizens and permanent residents, the Australian Partner Visa is one of the most common pathways to immigration.
It’s also one of the most complex. Costing in excess of $7,000 and with lengthy processing times, the application requires extensive documentation including character and health checks along with proof of the validity of your relationship.
If you are considering applying for an Australian Partner Visa, here is what you need to know.
Who is eligible?
Australian Partner Visas can be granted to the:
- Spouse of an Australian citizen; Australian permanent resident or eligible New Zealand citizen, or
- De facto partner (including same-sex relationships) with an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
A fiancé of an Australian citizen, Australian permanent resident or eligible New Zealand citizen can apply for a Prospective Marriage Visa.
Under the terms of the legislation, any marriage must be valid under Australian law. If your relationship is de facto, you must have been in it for longer than 12 months before you can apply. There are however exceptions to the 12 month rule.
Applicants are first granted a temporary visa, which allows you to stay in Australia while any permanent visa is processed.
It’s expensive
The application fee for an Australian Partner Visa is over $7,000, making one of the most expensive in the world.
But the truth is, it is likely to cost more when you factor in the supporting documentation that is required. This includes health checks and police checks, with the latter being required for any country where you have resided for over 12 months in the last 10 years.
On top of that there are migration agent or lawyers’ fees, should you choose to engage a professional to handle the application on your behalf.
It’s time consuming
Although there’s no cap on the number of partner visa applications that are allowed to be granted, the department plans for around 48,000 visas to be processed each year.
Information provided on the Department’s website indicates that as at December 2018, 75 per cent of temporary partner visa applications (for applicants in Australia) were processed in 21 months and 90 per cent of applications were processed in 25 months.
Meanwhile, the time you spend collecting the information required and completing supporting documents is also significant, and it’s a process that cannot be rushed. Failure to provide all supporting documentation, or failure to ensure the consistency of that information can result in an application being refused.
The type of information required
A whole range of documentation is required in order to submit an Australian partner visa application. This includes:
- Identity documents
- Documents about your relationship (in order to prove it is genuine and ongoing and meets the relevant requirements)
- Documents about other relationships (if you have previously been married)
- Documents relating to any family members accompanying you
- Health documents
- Character documents
Visas can and do get refused
Partner visas can and do get refused for a number of reasons, not least of which is failure to supply consistent or sufficient information.
To understand more about the common mistakes people make in their partner visa application, see here.
About T & T Lawyers
At T & T Lawyers, our experienced team of immigration lawyers and registered migration agents are available to assist with further advice on applying for an Australian Partner Visa.
You can learn more about our services here, or contact us directly for further advice.
