Partner Visa Australia

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Partner Visa for Australia Explained Firstly, congratulations on having found your life partner. Love knows no boundaries yet can often get stuck at Australian Immigration!

Which is where we come in. Our Account Managers & in Country MARA agents have considerable experience with successful Partner Visa Australia applications of which there are three main visa categories

Prospective Marriage – Subclass 300
Offshore Partner – Subclass 309/100
Onshore Partner – Subclass 820/801

Prospective Marriage Visa Australia
This is otherwise known as the fiance visa. This visa provides for a fiance overseas to apply to come to Australia and marry their Australian sponsor.

Key Criteria for Australia Prospective Marriage Visa
The person being sponsored must be offshore at time of application
The couple must have met in person
There is no time frame as to when that meeting occurred although the Department of Immigration policy indicates that the couple should have met as adults.

Evidence must be provided of the meeting and may be in the form of statutory declarations from both the applicant and the sponsor as to the timing, circumstances and nature of their meeting. A statutory declaration of any person who was also present at the first, or a subsequent meetings, photographs of the couple together, tickets and bookings showing travel to a common destination will be required.

The couple must have made plans to marry!
Not only must the couple have the intention to marry, but they must be in a position to be lawfully married and for that marriage to be recognized by the Australian Marriage Act 1961. For example, if they have been previously married, the divorce must be finalized.

One of the primary methods of proving an intention to marry is the production of a Notice of Intention to Marry. This document is registered with the Registry of Births, Deaths and Marriages, and may be lodged directly by one of the parties or through a registered marriage celebrant.

Read about the real life experiences of one of our favourite couples on their Partner Visa Australia blog

There is condition 8519 attached to the visa, where the visa holder, must marry their sponsor within 9 months of arriving in Australia on a Partner Visa.

Key Criteria for a Partner Visa Australia
The applicant must be the spouse of the sponsor
Regulation 1.15A defines what is considered a spouse and how the relationship will be assessed.
A spouse is defined as either someone who is married, living in a de facto relationship and includes same-sex relationships. A spousal relationship is one that is “genuine and continuing, the couple live together and do not live apart on a permanent basis and have a mutual commitment to a shared life at the exclusion of others.

The relationship will be assessed in the following areas for a Partner Visa Australia;

a. the financial aspects of the relationship, including:
(i) any joint ownership of real estate or other major assets; and
(ii) any joint liabilities; and
(iii) the extent of any pooling of financial resources, especially in relation to major financial commitments; and
(iv) whether one party to the relationship owes any legal obligation in respect of the other; and
(v) the basis of any sharing of day-to-day household expenses;

and

b.the nature of the household, including:
(i) any joint responsibility for care and support of children; and
(ii) the living arrangements of the persons; and
(iii) any sharing of responsibility for housework

c.the social aspects of the relationship, including:
(i) whether the persons represent themselves to other people as being married to
each other; and
(ii) the opinion of the persons’ friends and acquaintances about the nature of the relationship; and
(iii) any basis on which the persons plan and undertake joint social activities.

d.the nature of the persons’ commitment to each other, including:
(i) the duration of the relationship; and
(ii) the length of time during which the persons have lived together; and
(iii) the degree of companionship and emotional support that the persons draw from each other; and
(iv) whether the persons see the relationship as a long-term one.

A de facto relationship has further evidentiary requirements for Australian Immigration. The couple must provide evidence that they have been living together for at least of 12 months. There are provisions for the 12 month requirement to be waived. These include if there are compassionate and compelling circumstances.

Each state has legislation providing for a couple to register their relationship. If the couple have registered their relationship with the State registry, they waive the 12 month living together requirement.

3. Eligibility to sponsor a partner
A sponsor must be at least 18 years old and be an Australian citizen, permanent resident or eligible NZ citizen.
A sponsor must have not sponsored another person for a partner visa in the last five years.

Making a Partner Visa Australia application while unlawfully in Australia.
An onshore partner visa is one of the few visas that can be applied for, if the person does not hold a substantive visa or if they have had a visa refused while in Australia. However, in the application, they must address Regulations 3001, 3003 and 3004 or they must demonstrate that there are compelling reasons why these should not be applied. These are generally known as the “compassionate and compelling circumstances, which were outside their control.”

Take our online visa assessment today to arrange a free consultation to discuss your options

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