Partner Visas (Subclass 820/801 & 309/100)

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A Spouse Visa may be a suitable option for you if you are currently in a relationship with an Australian citizen or Australian permanent resident or eligible New Zealand citizen and have intentions to live in Australia with your partner.

The factors the Department of Home Affairs (DOHA) will consider while assessing your visa application include:

  1. Financial aspects of the relationship such as joint ownership of real estate or bank accounts and whether household expenses are shared by both of you
  2. Nature of the household such as joint responsibility for children shared living arrangements and shared housework
  3. Social aspects of the relationship such as whether friends and family see you as a couple
  4. Commitment to each other includes the duration of the relationship, length of time together, degree of companionship and emotional support, and whether you both see the relationship as a long-term one.

Partner visa applications are a two-stage process. In the first stage, you will receive a provisional and at the second stage: permanent partner visa. ย Where a provisional visa is granted, you can apply for a second stage assessment two years after the date you submitted your application. You can apply for a partner visa either onshore or offshore depending on your circumstances.

Make sure you satisfy the visa criteria

Before submitting a visa application, it is important to check that you satisfy the eligibility criteria. For example, if you are not married and you are wanting to apply for a partner visa, you must demonstrate that you have been in a de-facto relationship with your partner for a minimum of 12 months.

Organise your supporting documents

It is essential that you collate and organise your supporting documents before submitting a visa application.

Your documents should verify the identity of yourself and your partner. They should also show the duration and genuine nature of your relationship. It is not enough to print extracts from Facebook or Instagram or to simply provide 100 photographs. You need to show real evidence such as bank statements, tenancy agreements, and other evidence that you live together and are in a committed genuine relationship.

Some of your friends and family will have to write statements to explain how long they have known you both, and that your relationship is genuine. You and your partner will also need to provide police clearances.

Respond promptly to any requests from the Department of Home Affairs

The Department may write to you requesting additional information to support your application. If you receive such a request, be sure to respond within the timeframe specified โ€“ typically 28 days. Failure to respond can result in your application being refused.

Be honest

The most important tip we can give you is, to be honest. Tell the truth, the whole truth, and nothing but the truth. Check every detail of your application form is correct and free from typos and errors before you submit your application. Printing the application form before submitting is a useful way to proofread it to ensure it is free from errors.

Entitlements of Spouse Visa (subclass 820/801 & 309/100)

The partner Visa will grant you a temporary residency visa in the first stage:

  • Stay in Australia until a decision is made about your permanent Partner visa application.
  • Work in Australia;
  • Study in Australia, but with no access to government funding;
  • Enrol in Medicare, Australiaโ€™s scheme for health-related care and expenses.

Contact us in our India Office at +91-7578000004 or in Australia at +61-451400601.

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This article/presentation (โ€œpublicationโ€) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the readerโ€™s specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.

Other Good Reads

Partner Visas (Subclass 820/801 & 309/100)

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A Spouse Visa may be a suitable option for you if you are currently in a relationship with an Australian citizen or Australian permanent resident or eligible New Zealand citizen and have intentions to live in Australia with your partner.

The factors the Department of Home Affairs (DOHA) will consider while assessing your visa application include:

  1. Financial aspects of the relationship such as joint ownership of real estate or bank accounts and whether household expenses are shared by both of you
  2. Nature of the household such as joint responsibility for children shared living arrangements and shared housework
  3. Social aspects of the relationship such as whether friends and family see you as a couple
  4. Commitment to each other includes the duration of the relationship, length of time together, degree of companionship and emotional support, and whether you both see the relationship as a long-term one.

Partner visa applications are a two-stage process. In the first stage, you will receive a provisional and at the second stage: permanent partner visa. ย Where a provisional visa is granted, you can apply for a second stage assessment two years after the date you submitted your application. You can apply for a partner visa either onshore or offshore depending on your circumstances.

Make sure you satisfy the visa criteria

Before submitting a visa application, it is important to check that you satisfy the eligibility criteria. For example, if you are not married and you are wanting to apply for a partner visa, you must demonstrate that you have been in a de-facto relationship with your partner for a minimum of 12 months.

Organise your supporting documents

It is essential that you collate and organise your supporting documents before submitting a visa application.

Your documents should verify the identity of yourself and your partner. They should also show the duration and genuine nature of your relationship. It is not enough to print extracts from Facebook or Instagram or to simply provide 100 photographs. You need to show real evidence such as bank statements, tenancy agreements, and other evidence that you live together and are in a committed genuine relationship.

Some of your friends and family will have to write statements to explain how long they have known you both, and that your relationship is genuine. You and your partner will also need to provide police clearances.

Respond promptly to any requests from the Department of Home Affairs

The Department may write to you requesting additional information to support your application. If you receive such a request, be sure to respond within the timeframe specified โ€“ typically 28 days. Failure to respond can result in your application being refused.

Be honest

The most important tip we can give you is, to be honest. Tell the truth, the whole truth, and nothing but the truth. Check every detail of your application form is correct and free from typos and errors before you submit your application. Printing the application form before submitting is a useful way to proofread it to ensure it is free from errors.

Entitlements of Spouse Visa (subclass 820/801 & 309/100)

The partner Visa will grant you a temporary residency visa in the first stage:

  • Stay in Australia until a decision is made about your permanent Partner visa application.
  • Work in Australia;
  • Study in Australia, but with no access to government funding;
  • Enrol in Medicare, Australiaโ€™s scheme for health-related care and expenses.

Contact us in our India Office at +91-7578000004 or in Australia at +61-451400601.

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