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Partner visa: Important points & requirements

Partner Visa (Offshore 309 & 100)

PARTNER VISA AUSTRALIA

The new changes to Sponsored family visa’s, will be implemented for Partner visas by the end of 2021. The changes mean that Sponsorships must be lodged first and approved before Partner visas can be lodged. This change will adversely impact onshore Partner visa applicants wanting to lodge a visa application prior to their substantive visa expiring. The sponsorship application will be assessed separately and will need to be approved before a valid Partner visa application can be lodged.

If you are planning to apply for a Partner visa we recommend booking an appointment to discuss and understand how these changes may impact you.

Thinking about applying for a partner visa? then you are in the right place. Here we have put together a guide for those of you who are thinking of applying for a Partner/ Spouse /De Facto visa. To qualify and apply for a Partner Visa Australia, you have to be either Married to Or In a de facto relationship unless with Australian Citizen, Australian Permanent resident or Eligible New Zealand Citizen at the time of applying.

If you lodge a Partner visa whilst onshore (in Australia) you will get a Bridging visa associated to it. Note that there could be limitations on being able to work or Study. This will be dependent on the previous visa you held and if you had work or study rights on that visa. If you are lucky to have had those entitlements then when your previous visa expires, the same conditions would continue on the Bridging visa associated with your partner visa.

What is a de facto relationship?

You and your partner are in a de facto partner relationship if all of the following applies:

  • you are not legally married to each other
  • you are committed to a shared life to the exclusion of all others
  • your relationship is genuine and continuing
  • you live together or do not live separately and apart on a permanent basis
  • you are not related by family.

Your relationship can be with someone of the same or different sex.

Length of relationship

Usually, your de facto relationship must have existed for at least 12 months immediately before you apply for the visa.

Time spent dating or in an online relationship does not count as being in a de facto relationship.

If your de facto relationship has existed for less than 12 months, you might still be eligible for the visa. Find out if you do not need to meet (are exempt from) the one year relationship requirement by booking an appointment.

Applicant document Checklist for a Partner visa

Identity documents

Documents to prove your identity:

One of the following:

  • a birth certificate showing the names of both parents:
  • identification pages of a family book showing the names of both parents
  • identification pages of an identification document issued by the government
  • identification pages of a court-issued document that proves your identity
  • identification pages of a family census register.
  • The page of your current passport showing your photo, personal details and passport issue and expiry dates.

Two recent passport photographs (45 mm x 35 mm):

  • the photograph should be of the head and shoulders only against a plain background
  • the applicants name must be printed on the back of the photograph

A national identity card, if you have one.

Proof of change of name, if applicable.

Documents about your relationship with your partner

  • Two of Form 888 – Statutory declaration by a supporting witness in relation to a Partner or a Prospective Marriage visa application (84KB PDF).
  • Proof that your relationship is genuine and continuing
  • If you are married, your marriage certificate.
  • If you are in a de facto relationship, documents that prove this relationship

Documents about other relationships

If you have previously been married, widowed, divorced or permanently separated, provide divorce documents, death certificates, separation documents or statutory declarations.

Health documents

You do not need to provide any documents to show you meet our health requirement. Your doctor will send them to us.

Character documents
  • Completed Form 80 – Personal particulars for assessment including character assessment (PDF 554KB ).
  • Police certificates
  • If you served in the armed forces of any country, military service records or discharge papers.
Sponsor document Checklist for a Partner Visa

Application

You can lodge your sponsorship form online after your partner has lodged their visa application and given you their Transaction Reference Number (TRN) or application ID.

Identity documents
  • Proof that your sponsor is an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
  • If your sponsor is an Australian permanent resident or eligible New Zealand citizen, proof they usually live in Australia
Character documents
  • Police certificates
  • If you served in the armed forces of any country, military service records or discharge papers.
If you are sponsoring on behalf of your child

Provide:

  • A court document allowing the marriage between your child and the visa applicant
  • Proof that you are the parent or guardian of your child.

Book a Consultation

Partner visas are complex. Book a Migration consultation to get expert advise.

 

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