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Australia/Melbourne
Partner Visa
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What do you need to know about the partner visa application

A partner visa application sometimes can be very stressful. You need to consider following prior to the application of a partner visa.

There is a different subclass of partner visa that you need to know. You can simply classify where you will be when the application is lodged with the Department of Home Affairs

1.     Onshore partner visa application (820 & 801)

2.     Offshore partner visa application (309 & 100)

In either case, you have to be either married or in a de facto relationship with an Australian citizen or a permanent resident.

1.     Cost of the partner visa application

The partner visa application alone will cost you $7800. You should take into account other costs such as police verification, medical checks in each country if you have lived 12 months or more.

Registered Migration Agent or Lawyer can cost you anything above $3000 to $7000. You may be thinking whether to choose a Registered Migration Agent also known as RMA or a Lawyer.

The answer is not so simple. Both are qualified to do the job. However, RMA most likely will be cheaper than a lawyer.

A migration agent is specialized and practices only Migration law whereas a lawyer may be practicing other areas of law as well. 

You might be thinking – should you use a Migration Agent or Lawyer?

If you can spend 8,000 for visa application, you should be prepared to spend another 3-5 thousand more. This way you can minimize any mistakes. Your application can be done professionally.

You must check if the Migration Agent is registered or not prior to engaging them.

You can visit the OMARA website and search the Register of Migration Agents

https://www.mara.gov.au/search-the-register-of-migration-agents/

3.     Waiting time

Partner visa is a two-step process. First, you are granted a provisional partner visa or temporary partner visa and then a permanent partner visa.

If you are applying onshore (in Australia) then you are going to apply for subclass-820 & 801.

First, you will be granted a provisional partner visa and then you will be granted subclass-80 which is a permanent partner visa. 

If you are applying offshore, then you will be first granted subclass-309 and then subclass 100. 

The waiting period can be anywhere from 12 months to 24 months. In some cases, it can even take longer. So, keep in mind, there could be a long waiting period.

You will get to know approximate visa processing time once you have lodged your application. There is no provision to expedite the process. Only one thing can help with your application if it is well prepared and it accompanies all the relevant evidence.

If you are not married and can not prove a de facto relationship then you should apply for Prospective Marriage Visa (Subclass 309) first. This visa will allow you to travel to Australia.

Once you are granted Prospective Marriage Visa which is valid for 9 months, you must get married to your partner within 9 months.

You will be then eligible to apply for a subclass 820 visa. when you apply for an onshore partner visa application, you will be granted a bridging visa. This will allow you to live in Australia until the decision on your application is made.

4.     Genuine relationship

You must prove your relationship is genuine. Your relationship must be a genuine and continuing relationship. Simply being married is not enough to prove you are in a genuine relationship.

You can be either legally married or in a de facto.  You must prove at least 12 months de facto relationship before you apply for a partner visa. If you are in Australia, then you can register your relationship in the state you are living in. You need to enquire The marriage, birth, and death registry office in the state you are living in. 

You can further read about the importance of genuine relationship here;https://www.emcaustralia.com.au/how-important-to-have-a-genuine-and-continuing-relationship-to-be-granted-a-partner-visa/

You and your de facto partner must show a mutual commitment to a shared life as husband and wife to the exclusion of all others.

5.     Sponsorship

Only an Australian citizen or permanent resident can sponsor you as a partner. There is a separate application for sponsorship approval which is normally done after you have lodged your application.

Generally speaking, a person can only sponsor 2 partners in a lifetime. However, there is an exception to it.

This restriction may be waived but it is not so easy. There must be compelling and compassionate reasons for the waiver. Also, to remember, there are 5 years waiting period for sponsoring another partner. 

6.     Avoid providing any false and misleading information 

Never think you can trick immigration intelligence. If you are found to have provided false and misleading information, your application will be refused.

You may be banned for 3 years and in some cases up to 10 years. 

7. Meet health and Character requirements

You and your family member included in the visa application must meet health and character requirements.

You should be of a good character. You need to provide a police clearance from your home country or any country where you have lived for 12 months or more. If you have any served time in a prison for 12 months or more then it may be difficult to pass the character test. In another word, you should not have substantial criminal history.

You should to the following if you have any criminal history

  • declare all criminal conduct you have engaged in
  • truthfully answer all questions
  • provide all requested information

The department of immigration will consider all circumstances of a case. Even if you do not meet the character requirements, the Minister for Home Affairs may grant you a visa if they believe that you will not

  • engage in criminal conduct
  • harass, molest, intimidate or stalk another person
  • vilify a segment of the Australian community
  • incite discord in the Australian community or in a part of it
  • be a danger to the Australian community or a part of it.

If you are not completely honest about your criminal history, we may refuse your application.

8.Including family member

You can include your family member such as your children. You can include them when you lodge your visa application

You can also add a dependent child after you lodge your application but before a decision is made on your temporary visa application.

Education and Migration Centre is a trusted Migration Agents in Australia. EMC’s Registered Migration Agents are ready to assist you with your partner visa application. We are ready to take on a simple to very complex immigration cases.

You can book a consultation with Registered Migration Agent

https://anzsco.emcaustralia.com.au/make-an-appointment/

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