If you are in a relationship with an Australian Citizen or Permanent Resident, there is a possibility that your partner can sponsor your application for an Australian Partner Visa. There are two options for lodging the application: one from within Australia (subclass 820/801 visa) and another from outside Australia (subclass 309/100 visa).

The application process for a Partner Visa involves two stages. Initially, for most couples, you will apply for a temporary Partner Visa, once this is granted, following a period of two years from the date of the initial application, you become eligible to apply for Australian permanent residency through the permanent Partner Visa subclasses. In some cases, individuals in long-term relationships who meet specific criteria may be considered for the permanent Partner Visa without having to wait the standard two-year period.

Understanding the Two-Stage Partner Visa Application Process

It is important to note that the requirements for a Partner Visa are stringent, and substantial documentation is necessary to demonstrate that your relationship is “genuine and continuing.” The Partner Visa is also a relatively costly option, with government fees amounting to approximately $8,850 (as of June 2023, subject to change). If the application is rejected, which can happen as a result of misunderstandings about the process and requirements, inaccurate provision of evidence or information or the general lack of knowledge about the specific validity requirements. If a mistake is made, the fee is generally non-refundable, and an applicant can end up in a lengthy and costly process to rectify the issues. Therefore, it is crucial to have a thorough understanding of the intricacies of the Partner Visa process before submitting your application.

What steps should I take?

The initial step in applying for a Partner Visa involves establishing that you are either the spouse or de facto partner of an Australian Citizen, Australian Permanent Resident, or, under specific circumstances, a New Zealand citizen. If you are in a de facto relationship, you generally need to demonstrate a minimum duration of 12 months as a de facto couple, although exceptions can be made in certain situations.

To meet the visa requirements, your relationship must be deemed “genuine and continuing,” with both you and your partner fully committed to a shared life exclusive of others. To prove this, you must provide evidence satisfying the four main criteria:

• Sharing financial matters with your partner.
• Sharing domestic responsibilities with your partner.
• Others being aware of your relationship.
• Being committed to a long-term relationship with each other.

The supporting documents required for this purpose vary, encompass a variance of evidence types across all aspects of your relationship and life together and statutory declarations from third parties including friends or family affirming the authenticity of your relationship. It is important to note that substantial evidence is necessary to establish the “genuine and continuing” nature of your relationship. Insufficient evidence may result in the refusal of your application.

Both you and your partner must provide statutory declarations explicitly addressing how your relationship meets all four criteria mentioned above. Additionally, you need to provide background information about your relationship, including how you met, developed feelings for each other, and the progression of your relationship until the present, in order to satisfy the Department of the relationship’s genuineness.

In addition to the evidence concerning your relationship, the Department will also assess your character and that of your partner. You will be required to provide police certificates in an acceptable format and make declarations regarding your criminal history. Furthermore, you will need to undergo medical assessments to meet the visa’s health requirements.

How Can Ramsden Lawyers Help You?

Given the specific requirements and substantial evidence needed for a Partner Visa application, many applicants opt for professional help to ensure they present the strongest possible case. At Ramsden Lawyers, our experienced team is dedicated to assisting applicants in building their future as a couple and family in Australia.

We provide comprehensive support in the following ways:

• detailed guidance on the process and requirements of the Partner Visa, tailored to your specific circumstances.
• Providing customised advice to aid in the compilation c of documents and information. This includes document checklists, information questionnaires, and templates to assist in drafting necessary documents.
• Thoroughly reviewing every document to ensure it aligns with legislative requirements before submission to the Department, thus strengthening your application.
• Identifying and advising on any potential risk factors that may be present in your application.
• Preparing a detailed written submissions to the Department of Home Affairs that comprehensively explains how you and your partner meet all the legal requirements.
• Acting as your representative to lodge the application on your behalf and maintain clear communication with the Australian Government regarding your visa.

Our team’s expertise and dedication to family migration have resulted in a strong success rate for previous applications. If you would like to discuss your Partner Visa application and seek guidance on the best way forward, please feel free to contact us at 1300 749 709. Alternatively, you can click here to submit an online inquiry to our office.