The Partner Visa, allows the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to enter into Australia to be with their partner or to remain in Australia (if the visa applicant can apply from inside Australia). Whether you are married, in a de facto relationship, same sex or heterosexual, there is a visa that is right for you.
There are two ways to be eligible for a Partner Visa. They are based on either a de facto relationship, or a married relationship (de jure).
Both pathways usually involve a two-stage process; a provisional partner visa stage and a permanent partner visa stage. When you lodge the provisional partner visa stage you are automatically applying for the permanent partner visa stage.
After the initial two-year period, you may be granted a permanent visa if you are able to provide evidence of your ongoing genuine relationship and live together or only live apart only on a temporary basis.
To be eligible for a Partner Visa:
• You and your sponsor must be at least 18 years of age
• Your relationship must be genuine, ongoing and mutually exclusive
• You both must either live together, or live apart only on a temporary basis
• Defacto Pathway: You must have been in a de facto relationship with your eligible partner for at least 12 months prior to lodging your application (unless there are compelling or compassionate circumstances, or your relationship is registered with the relevant Authority)
• Marriage Pathway: You must be legally married
• You meet the Australian health requirements.
Your sponsor must not have previously sponsored more than one other fiancé, partner or spouse for migration to Australia, and not have sponsored a fiancé, spouse or partner for migration to Australia within the last 5 years (unless there are compelling circumstances) or been been sponsored for a Spouse, Partner or Prospective Marriage visa by someone else within the last 5 years (unless there are compelling circumstances).
In addition, you and your sponsor must meet the character requirements. The Department of Home Affairs take family violence very seriously. Your sponsorship will not be approved if your fiancé(e) has a conviction for a relevant offence and a substantial criminal history. A relevant offence includes, but is not limited to offences involving violence, intimidation, breaching a protection order, people smuggling, human trafficking and weapons.
With both Marriage and De Facto Partner Visas, you will be required to demonstrate the genuineness and ongoing nature of your relationship. There is a long list of requirements and your suitability for a Partner Visa will depend on a range of different factors. As such it is important you are able to evidence how you meet these requirements and this is often where couple’s struggle.
How we can help you:
Our team at Migrate with Us have been successfully helping couples apply for partner visa for many years. Whilst we can prepare and manage your complete application for those budget conscious and “hands on” people, we have a Partner DIY Package. Either way we have you covered! No matter what your situation or your budget we have the services to support you.
So if you need assistance with your Partner Visa application or if you are interested in applying for a Partner Visa, we encourage you to contact our team today.