The purpose of the Partner visa is to allow the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to enter into or remain in Australia. The applicant is initially granted a temporary visa, and is eligible for permanent residency if the relationship still exists after a two-year waiting period. The minimum requirements for this visa are as follows:
|PARTNER VISA REQUIREMENTS
If your application is based on a marriage:
· you must be legally married to an Australian citizen, permanent resident or eligible New Zealand citizen
If your application is based on a de facto relationship:
· you must have been in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen for at least 12 months prior to lodging your application (unless there are compelling or compassionate circumstances) AND
· you and your partner must both be at least 18 years old, and must not be closely related
In all cases:
· you and your spouse/partner must be in a mutually exclusive relationship;
· that relationship must be genuine and continuing
· you and your spouse/partner must either live together, or live apart on a temporary basis only
Your sponsor must:
· be an Australian citizen, permanent resident or eligible New Zealand citizen
· not have previously sponsored more than one other fiancé, partner or spouse for migration to Australia, and not have sponsored a fiancé, spouse or partner for migration to Australia within the last 5 years (unless there are compelling circumstances)
· not have been sponsored for a Spouse, Partner or Prospective Marriage visa by someone else within the last 5 years (unless there are compelling circumstances)
· provide police checks to the department when requested, and
· consent to the department disclosing any conviction for a “relevant offence” to the applicant(s) you are sponsoring.
Your sponsorship will not be approved if you have a conviction for a relevant offence and a substantial criminal history. A relevant offence includes, but is not limited to offences involving violence, intimidation, breaching a protection order, people smuggling, human trafficking and weapons. The family violence protection measures web page on the DIBP site has more information: http://www.border.gov.au/Trav/Brin/sponsor-requirements
Your Partner visa application is lodged with the Department of Immigration and Border Protection (DIBP) on behalf of you and your sponsor. The main criterion is that the relationship and your sponsor meet the requirements referred to above. In addition, you must meet the standard health and character checks.
Following lodgement of your application, you and your spouse/partner may be asked to attend an interview with the DIBP. In some cases the DIBP may visit your place of residence and/or conduct other checks to verify your relationship.
You must be in Australia both at the time your application is lodged, and when your visa is granted.
If you are unlawfully in Australia at the time of your application, you must demonstrate that there are compelling reasons to justify the regularising of your immigration status.
Acceptable ‘compelling reasons’ could include an inability to attain lawful status due to reasons outside your control e.g. severe illness or incapacity. The existence of a genuine de facto partnership or marriage, or hardship that you would suffer should you be required to live apart from your spouse or partner whilst you apply for your visa, are not generally considered to be ‘compelling reasons’ for this purpose.
This visa, which is valid for a ‘stand-down period’ of approximately two years from the date of the application’s lodgement, allows you to enter remain in Australia until your application for permanent residency has been decided by the DIBP.
Next Steps: Permanent Residency
You will be eligible for permanent residency two years after lodging a successful temporary partner visa application, provided your de facto partnership or marriage continues to meet the requirements listed above. At this stage, you will be required to provide further evidence to the DIBP to establish your eligibility for permanent residency. You may be either in or outside Australia when your permanent visa is granted.
PLEASE NOTE: The time that the DIBP takes to decide an application and grant a visa varies from case to case, depending upon the applicant’s particular circumstances, and the amount of supporting information that the DIBP requires.
Permanent Partner Visa (Stage 2)
The minimum requirements for the grant of this visa are as follows:
|PERMANENT PARTNER VISA REQUIREMENTS
You and your spouse or de facto partner must:
· have remained in a mutually exclusive relationship since lodgement of the initial Partner visa application
· be in a genuine and continuing relationship
· either live together, or live apart only on a temporary basis
Two years after lodging a successful Partner visa application, you will be eligible for permanent residency. The main criterion for the grant of a permanent visa is that your relationship meets the requirements listed above.
At this stage of the application process, the Department of Immigration and Border Protection (DIBP) will make contact to request any evidence required to establish your eligibility for permanent residency. In some cases, you and your spouse or de facto partner may also be asked to attend an interview with the DIBP.
You may be either in or outside Australia when your permanent visa is granted.
PLEASE NOTE: The time that the DIBP takes to decide an application and grant a visa varies from case to case, depending upon the applicant’s particular circumstances, and the amount of supporting information that the DIBP requires
Our migration agents understands that it is of the utmost importance that your partner can join you in Australia as quickly as possible. Please book consultation with one of our registered migration agent for preparing and lodging your visa application.