Can my partner sponsor my visa?

If you are in a relationship with an Australian Citizen or Permanent Resident, your partner may be able to sponsor your application for a Partner Visa. There are options for lodging the application both from inside Australia (which is the subclass 820/801 visa) or outside of Australia (being the subclass 309/100 visa).

This is a two-stage application, with the first component being a temporary Partner Visa. After two years, you are then able to apply for Australian permanent residency, through the permanent Partner Visa subclasses. Sometimes, applicants who are in longer-term relationships and meet additional criteria are able to be considered for the permanent Partner Visa straight away, without having to wait the usual two-year period.

The requirements for a Partner Visa are quite strict, with substantial documents required to prove that you are in a ‘genuine and continuing’ relationship. A Partner Visa is quite an expensive visa option, with the government charges being approximately $7,850 (current as of June 2022 and subject to change). If the application is refused, which can happen based on misunderstanding the process and requirements, this fee is generally non-refundable. As such, it is important to ensure you are fully aware of all the intricacies of the Partner Visa process, before pressing ‘submit’ on your application.

 

What Do I Need To Do?

The first step for a Partner Visa application is proving that you are the spouse or de facto partner of an Australian Citizen, Australian Permanent or, in some cases, a New Zealand citizen (only permitted in very specific circumstances). If you are in a de facto relationship, you will generally also need to show that you have been in this relationship for at least 12 months, though this can sometimes be waived in some circumstances.

This relationship must be ‘genuine and continuing’, and you and your partner must be committed to a shared life to the exclusion of all others. To demonstrate this, you must provide evidence that you meet the four main criteria, being that:

• you and your partner share financial matters;
• you and your partner share domestic matters;
• others know about your relationship; and
• you are committed to a long-term relationship with each other.

The documents you will need to support this are varied, and will range from photographs and bank statements, through to statutory declarations from friends or family in support of your genuine relationship. As noted above, substantial documents are required to prove that you are in a ‘genuine and continuing’ relationship, and if you fail to provide sufficient evidence, your application may be refused.

You and your partner will also need to provide statutory declarations, which clearly outline how your relationship meets all four of the above criteria. You will also need to provide information surrounding the background to your relationship, how you met, how you fell in love, and the progression of your relationship to date, in order to satisfy the Department that your relationship is in fact genuine.

In addition to all of the evidence required surrounding your relationship, the Department will also make an assessment as to yourself and your partner’s character. You will need to provide police certificates in an acceptable format, and will also need to make declarations as to your criminal history. You will also be required to undertake medical assessments, to ensure you meet the health requirements for the visa.

How We Can Help

Given the specific requirements of a Partner Visa application and the level of evidence needed to support your position, some applicants will seek professional assistance, to ensure they put forward the strongest application possible. Our team at All Access Migration has extensive experience with Partner Visa applications, and are passionate about helping applicants to build their future in Australia as a couple and a family moving forward.

Our team is able to assist in a number of ways, specifically:

• Providing you with detailed advice about the process and requirements of a Partner Visa, and how they particularly apply to your circumstances;
• Preparing tailored advice to help with the document and information collation process, through specific document checklists, information questionnaires and templates to assist you to draft document;
• Carefully reviewing every document and considering it against the legislative requirements before submitting any material to the Department, to ensure it supports your application;
• Identifying and advising of any apparent risk factors present in your application;
• Drafting an extensive supporting submission to the Department, explaining in-detail how you and your partner satisfy every requirement under the legislation; and
• Lodging your application on your behalf and being your appointed representative to ensure clear communication with the Department for your visa.

Our experience, combined with our passion for the family migration program, has led to our team maintaining a strong success rate for applications. If you would like to discuss your Partner Visa application with one of our team members and seek some advice on the way forward, please do not hesitate to call us on 1300 245 756. Alternatively, to submit an online enquiry with our office please click here.