Partner & Visitor Visa Lawyers Sydney CBD

 

Level 1, 299 Elizabeth Street

Sydney NSW 2000

Tel (02) 8065 7884

 

Email: notguilty@sydneycriminalandfamilylawyers.com.au

 

 

 

Australian Partner Visas 

If you are in a relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, you may be able to apply for a partner visa for your spouse or prospective spouse.

 

The relevant visas are:

 

Subclass 820 Partner Temporary visa and Subclass 801 Partner Permanent Visa.

 

These visas are for married or de facto partner applicants who are onshore. The two visas are usually lodged as a single application, with the permanent visa granted (if successful) after two years

 

Subclass 309 Partner Temporary visa and Subclass 100 Partner Permanent Visa

 

These visas are for married or de facto partner applicants who are offshore. The two visas are usually lodged as a single application, with the permanent visa granted (if successful) after two years

 

Subclass 300 Prospective Marriage Visa

 

This temporary visa is for fiance applicants who are offshore

 

Partner Visas Australia Immigration Lawyers

 

It is important for partner visas that you submit an application with strong and relevant evidence of your relationship. A well-prepared, decision-ready application is not only more likely to be granted, but is likely to be granted sooner as well.

 

Some of the issues we regularly assist clients with include:

 

  • proving, or obtaining exemptions from, the requirement for de facto couples to have lived together for 12 months.
  • applications for official registration of relationships.
  • waiving the two year waiting period for permanent residency.
  • same sex couples.
  • health waivers.
  • submissions on character issues.
  • relationship breakdowns and domestic violence.

 

Applicants should be aware that there are several factors that, while potentially crucial to a successful application, are not widely known or published on the Department of Immigration’s website.

 

 

Note: The 12-month relationship requirement does not apply in certain circumstances. 

 

De jure Legally married.


Department Department of Immigration and Border Protection.

 

Dependant A person who is wholly or substantially reliant on a family member for financial support to meet their basic needs of food, shelter and clothing; or wholly or substantially reliant on their family member for financial support due to being incapacitated for work because of the total or partial loss of bodily or mental functions.

 

Dependent child A child or step-child who has not turned 18 years of age, or, if aged 18 years or over, is a dependant. A dependent child must not have a spouse or de facto partner, or be engaged to be married.

 

DNA DNA (Deoxyribonucleic acid) is the genetic material present in every cell of the body. For example, it is in blood, saliva, skin and hair. A comparison of genetic material from 2 or more people can show whether they are biologically related
to each other.

 

Eligible New Zealand An eligible New Zealand citizen is a person who is defined as a ‘protected citizen Special Category Visa (SCV)’ holder under the Social Security Act 1991.

 

Protected SCV holders are those who arrived in Australia on a New Zealand passport and were:


• in Australia on 26 February 2001;
• in Australia for at least 12 months in the 2 years immediately before
26 February 2001; or
• assessed as protected SCV holders before 26 February 2004.
Family head For migration purposes, the family head is generally the person who is most likely to meet the primary legal criteria for the grant of the Partner visa.

 

Fiancé(e) relationship A relationship where a couple is engaged to be married or betrothed. In the context of partner migration, the term fiancé(e) is used to mean a man and a woman who intend to marry each other. Lawful non-citizen A non-citizen who holds a valid visa.

 

Long–term partner A married relationship or de facto relationship that has continued
relationship for 3 years or more, or 2 years or more if there is a dependent child of the relationship.

 

Married relationship Persons are in a married relationship if:
• they are married to each other under a marriage that is valid for the purposes of the Migration Act 1958;
• they have a mutual commitment to a shared life as husband and wife to the exclusion of all others;
• the relationship between them is genuine and continuing; and
• they live together or do not live separately and apart on a permanent basis.

 

Member of the family unit A person is a member of the family unit of another person (the family head) if
the person is a:


• partner – married or de facto (same or opposite sex) of the family head; or


• dependent child up to 23 years of age (there are some exceptions) of the family head or of a spouse or de facto partner of the family head; or


• dependent child of a dependent child up to 23 years of age (there are some exceptions) of the family head or of a spouse or de facto partner of the family head.


Migrate Applicants applying from outside Australia will be applying to migrate.

 

Applicants applying in Australia will be applying for permanent residence. In the context of partner migration information, the term ‘migrate’ covers both.

 

NOIM A Notice of Intended Marriage that is completed by a couple who intend to marry in Australia.

 

Office of the Department An office of the Department of Immigration and Border Protection in Australia.

 

 

Office of the Department An office of the Department of Immigration and Border Protection outside outside Australia Australia which offers visa and citizenship services.

 

This may be an Australian mission or a Service Delivery Partner that operates an Australian Visa Application Centre (AVAC) and/or an Australian Biometric Collection Centre


Partner Your spouse or de facto partner


Partner category visa includes Prospective Marriage visas and Partner visas

 

Permanent resident See Australian Permanent resident.

 

Permanent visa A visa permitting a person to remain indefinitely in Australia and allows travel to
and from Australia for 5 years from the date of grant.

 

Provisional visa A temporary visa allowing a person to enter and remain in Australia until a
decision is made on the permanent visa application.

 

Recent passport-size A 45mm x 35mm photograph taken within the past 6 months. This should be
of the head and shoulders only, and should show the person facing the camera
and against a plain background. You should print the name of the person on the back of each photograph.

 

Registrable offence In relation to the sponsorship limitation for child and partner visas, registrable offence means any of the following:


an offence that is a registrable offence within the meaning of any of the following Acts:

The Child Protection (Offenders Registration) Act 2000 (NSW);
The Sex Offenders Registration Act 2004 (Vic);
The Child Sex Offenders Registration Act 2006 (SA);
The Crimes (Child Sex Offenders) Act 2005 (ACT);

 

An offence that would be a registrable offence under the above paragraph if it were committed in a jurisdiction mentioned in that paragraph;
an offence that is a reportable offence within the meaning of any of the following Acts:


– the Child Protection (Offender Reporting) Act 2004 (Qld);
– the Community Protection (Offender Reporting) Act 2004 (WA);
– the Community Protection (Offender Reporting) Act 2005 (Tas);
– the Child Protection (Offender Reporting and Registration) Act (NT);
• an offence that would be a reportable offence under the above paragraph if
it were committed in a jurisdiction mentioned in that paragraph.


General information


Related by family For the purposes of a Partner visa application on the basis of a de facto
relationship, 2 persons are related by family if:


• one is the child (including an adopted child) of the other; or
• one is another descendant of the other (even if the relationship between them is traced through an adoptive parent); or
• they have a parent in common (who may be an adoptive parent of either or
both of them).

 

For this purpose, no regard is given to whether an adoption is declared void or has ceased to have effect.

 

Relative A close relative or a grandparent, grandchild, aunt, uncle, niece, nephew or
step equivalent.

 

Relevant offences Migration legislation defines a relevant offence as an offence against a law of the Commonwealth, a state, a territory or a foreign country, involving any of the following matters:
• violence against a person, including (without limitation) murder, assault,
sexual assault and the threat of violence;
• the harassment, molestation, intimidation or stalking of a person;
• the breach of an apprehended violence order, or a similar order, issued
under a law of a state, a territory or a foreign country;
• firearms or other dangerous weapons;
• people smuggling;
• human trafficking, slavery or slavery-like practices (including forced marriage), kidnapping or unlawful confinement;
• attempting to commit an offence involving any of the matters mentioned
above or below;
• aiding, abetting, counselling or procuring the commission of an offence involving any of the matters mentioned above.
Second-stage processing Usually 2 years after the application for a Partner visa was made, persons who are holders of a temporary Partner visa are assessed as to whether they continue to meet all the requirements for the grant of a permanent Partner visa.
Significant criminal record A significant criminal record relates to a relevant offence and if, for the offence(s), the person has been sentenced to:
• death;
• imprisonment for life;
• a term of imprisonment of 12 months or more;
• 2 or more terms of imprisonment, where the total of those terms is 12 months or more.


Sponsor The Australian citizen, Australian permanent resident or eligible New Zealand
citizen partner who undertakes sponsorship obligations. For the purposes of
partner category migration, the sponsor must be:
• the fiancé(e) or partner of the applicant if the fiancé(e) or partner has turned
18 years of age; or
• for Partner visa applications made on the basis of a married relationship, a
parent or guardian of the fiancé(e) or spouse of the applicant if the fiancé(e)
or spouse has not turned 18 years of age.
Spouse A person is the spouse of another person if they are in a married relationship.
Substantial period 12 months or more.
Substantive visa Any visa other than a bridging visa or a Criminal Justice visa.
Temporary visa A visa permitting a person to remain temporarily in Australia.
Visa Permission to travel to, to enter and/or to remain in Australia for a period of
time or indefinitely.

 

Partner category migration allows for the grant of a visa that permits married partners (ie. opposite sex spouses) and de facto partners (including those in a same-sex relationship) of Australian citizens,

 

Australian permanent residents and eligible New Zealand citizens to enter and remain permanently in
Australia. Initially, partners who meet the legal criteria for the grant of the visa are granted a temporary
visa. Later, a permanent visa may be granted following an eligibility period or, if there is a long-standing
relationship or children of the relationship, soon after grant of the temporary visa.
Partner category migration also allows for the temporary entry to Australia of fiancé(e)s (intended spouses)
of Australian citizens, permanent residents and eligible New Zealand citizens.

 

As the partner or fiancé(e) of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, you do not have an automatic right of permanent residence in Australia. If you wish to reside permanently in Australia you must first apply for a permanent visa and be assessed against the legal
criteria for the grant of that visa.

 

There are 2 types of partner category visas: Prospective Marriage visa and Partner visa. The type of visa for which you should apply depends on the type of relationship you are in. The following table sets out the types of relationship and the visas that correspond to them:
Note: A Prospective Marriage visa can only be applied for, and granted, outside Australia.

 

If you want to apply for a partner category visa, you must be sponsored by a person (being your fiancé(e), partner, or in some circumstances, a parent or guardian of your partner) who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen and who can satisfy the legal requirements for being a sponsor. You must also meet health and character criteria. If you have members of your
family unit, they may make combined applications with your application provided that they meet certain
requirements.

 

This page is designed to help you and your fiancé(e) or partner decide if you are eligible to apply for a partner category visa, for which visa you should apply, and what you need to know to lodge an application. It is a guide intended for the use for persons applying for a partner category visa from both in or outside Australia.

 

You do not need all of the necessary documents to be able to lodge a valid visa application, but lodging a complete application will assist in reducing processing times. The information ion this page will tell you what you need to make a complete application.

 

Application stages

 

You are applying from outside Australia

 

3 step process


You:
• plan to marry your Australian fiancé(e);
• make an application for a subclass 300 visa either online or at the nearest office outside Australia.

 

Prospective Marriage visa


You and your Australian partner are legally married or have been in a de facto relationship for at least the entire 12 months prior to lodging your application;


AND


all the applicants included in your application are in Australia when you make an application for a subclass 820 visa.

Two years after first applying for the subclass 820 visa, you are still in the relationship with your Australian partner (sponsor) and make an application for a subclass 801 visa and provide the required documentation.

Two years after first applying for the subclass 309 visa, you are still in the relationship with your Australian partner (usually your sponsor) and make an application for a subclass 100 visa and provide the required documentation.
You and your Australian partner:


• are legally married; or
• intend to legally marry before a decision is made on your visa;

OR
• have been in a de facto relationship for at least the entire 12 months prior to the date of application.
• make an application for a subclass 309 visa either online or at the nearest office outside Australia.

Two years after first applying for the subclass 820 visa, you:
• are still in the relationship with your Australian partner (sponsor); and
• make an application for a subclass 801 visa and provide the required
documentation.

Once the subclass 300 visa is granted, you:
• travel to Australia;
• marry your Australian partner (while the subclass 300 visa is valid); AND
• make an application for a subclass 820 visa (in Australia) to stay in Australia.

Temporary visa

 

Subclass 820 – Partner(temporary)

 

The application fee for an Australian Partner Visa is $7,785. This is a lot of money. Additional costs include but are not limited to medical checks and other costs including for example, if you and your wife are already in Australia, engaging a competent agent in  overseas jurisdictions to obtain required things including, but not limited to national police clearance checks, house registration documents, birth certificates. We have extremely good agents in both Thailand and Indonesia who we engage on behalf of our clients who provide outstanding, prompt service.

 

Permanent visa Subclass 801 – Partner (residence)

 

How to apply and make a valid application

 

To make a valid application you must:


• complete the application form 47SP Application for migration to Australia by a partner in English;
• provide the residential address where you intend to live while your application is being processed.
Under legislation, a post office box address will not be accepted as your residential address;
• pay the required Visa Application Charge or evidence of payment;
• lodge your application at the appropriate office of the Department.

 

In certain circumstances you may need to provide a completed form 40SP Sponsorship for a partner to migrate to Australia and 2 statutory declarations at time of lodgement for your application to be valid


Forms

 

Application form Who is this for


Form 47SP Application for
migration to Australia by a partner

 

For the partner of an Australian citizen, Australian permanent
resident or eligible New Zealand citizen to APPLY for a subclass 300, 309/100 or 820/801 visa.

 

This application form covers both the temporary and permanent Partner visas.


Form 40SP Sponsorship for a partner to migrate to Australia

 

For an Australian citizen, Australian permanent resident or eligible New Zealand citizen to SPONSOR their partner for a subclass 300,
309/100 or 820/801 visa.

 

This sponsorship form covers both the temporary and permanent

 

Form 47A Details of child or other dependent family member aged 18 years or over

 

For the applicant’s members of the family unit aged 18 years or over. A separate form is required for each applicable family unit member

 

Lodging your application online


Create or login to your Immi Account and complete form 47SP.

Attach all required supporting documentation. Refer to the document checklist for the visa you are applying for. You can attach documents to an online application when it has been submitted. Ensure that your 47SP form is submitted online before your sponsor submits their form 40SP. The
sponsor will need your Transaction Reference Number (TRN) in order to complete their sponsorship form. You must pay the Visa Application Charge by credit card when you apply. Alternatively, you may pay via BPAY where applicable. You can use your Immi Account to continue a saved application, attach documents, update passport details, change email and address details and check progress of your application.


Permanent Partner visa processing
If you currently hold a subclass 309 or a subclass 820 visa and it has been 2 years since you lodged your
original partner visa application, you may be eligible for processing of your permanent Partner (subclass
100 or 801) visa.

 

About 2 months before you are assessed, we will send you a letter or email asking you to provide additional documentation to be granted the permanent visa. Whether you applied for your temporary Partner visa using a paper form or online, you can provide this further information online.

 

Use the permanent Partner visa calculator


www.border.gov.au/about/corporate/information/forms/online/partner-permanent-calculator to help you determine when you are eligible for permanent Partner visa processing.

 

Lodging your application by post or in person

 

Forms 47SP and 40SP are available as PDF files from the Department’s website (you will need Adobe
Reader on your computer). You can fill in the PDF electronically and then print the form or you can print the form and complete it by hand.
If applicable, a form 47A must be completed and signed by each member of your family unit who is aged 18 years or over (whether they are migrating with you or not).
Form 47SP, form 47A (if applicable), form 40SP and any supporting documentation and the Visa

Application Charge (or evidence that the charge has been paid) must be lodged together.
If you are applying for the Prospective Marriage subclass 300 visa, you also use forms 47SP and 40SP.

 

Once you have been granted the subclass 300 visa and you enter Australia and then marry your fiancé(e) while your visa is still valid, you will need to lodge another form 47SP and form 40SP for the Partner
(subclasses 820 and 801) visa.

 

However, if you and your fiancé(e) marry before a decision is made on your Prospective Marriage subclass
300 visa application you must notify the Department. Under the law, you will have been taken to have also applied for a Partner (subclasses 309 and 100) visa once you have notified the Department you have validly married your fiancé(e). You will also need to withdraw, in writing, your subclass 300 visa application
(you will no longer meet the requirements for the grant of this visa).

 

Supporting documentation


Before you lodge your Partner visa application, you should make sure that you have read through all parts of this page and that you and your sponsor are aware of all the requirements (including supporting
documentation) for your migration to

 

Australia as a partner

 

If you cannot provide all the supporting documentation when you lodge your Partner visa application, you
should tell the office what documents are missing and when you expect to be able to provide them.


If you do not provide all the necessary documents, the Department may make a decision based on the information you have provided. It is therefore in your interests to support your Partner visa application with
as much information as possible at the time you lodge your application.

 

Checklists


Note: There is also a document checklist in form 47SP and on the website under the visa you are applying for.


These checklists are a guide only. Individual offices of the Department in and outside of Australia may require further documents or information from you, or may have slightly differing processes. You should check with the office where you intend to lodge your application.

 

For expert guidance, call us now on (02) 8065 7884