Frequently Asked Questions (FAQs) About Partner Visas in Australia
Partner Visas are a critical pathway for couples aiming to unite in Australia, offering opportunities for eligible spouses or de facto partners to live together. At Emigrate Lawyers, we frequently receive queries about partner visas, and we’ve compiled a comprehensive guide to address these questions, ensuring clarity and confidence in your application process.
1. Can I lodge my Partner Visa in Australia?
Yes, you can apply for a partner visa while in Australia, provided your current visa does not have a “no further stay” condition. However, ensuring your visa status allows for onshore applications is vital. If you’re uncertain, seek advice from migration experts to explore your options.
2. How long does it take to process a partner visa application?
Processing times can vary based on individual circumstances. Current global processing times are available on the Department of Home Affairs website. Complex cases may require additional time. It’s advisable not to make major decisions, like selling property or booking flights, until your visa is finalized.
3. Can my application be expedited?
Applications are generally processed in the order they are received. However, compassionate or compelling circumstances—such as a medical emergency—may be considered for prioritization. If you believe your case warrants urgency, submit a detailed statement via ImmiAccount.
4. What documents required for proof of identity and marital status?
To establish your identity and marital status, include:
- Certified copies of national identity documents.
- Birth, marriage, or death certificates (translated into English, if necessary).
- A high-quality certified copy of your passport’s biodata page.
5. What are certified copies, and how do i provide them?
You may need to submit certified copies of some documents. ‘Certified copies’ are copies authorised, or stamped as being true copies of originals, by a person or agency recognised by the law of the country in which you currently reside. The appropriate certifying authorities vary from country to country. Some country specific information is available.
Usually for most countries you can have your documents certified by:
- an official at your local registration or passport office; or
- a notary public.
6. Do I need translations for non-English documents?
Yes. Documents in languages other than English must include certified English translations. In Australia, translations must be done by NAATI-accredited translators. For overseas translations, include the translator’s full details and qualifications.
7. Will the Department confirm receipt of my documents?
Uploaded documents in ImmiAccount are officially considered received once successfully uploaded. To avoid delays, regularly review your account to confirm that all required documentation is complete. By choosing Emigrate Lawyers, our expert legal team ensures your application is “decision-ready,” minimizing the risk of unnecessary processing delays.
8. What evidence should sponsor provide regarding their Australian Citizenship or Permanent Residency?
To provide proof of your sponsor’s Australian citizenship, submit a certified copy of their passport’s bio-data page, Australian citizenship certificate, or birth certificate. If your sponsor is an Australian permanent resident, include a certified copy of their passport. Ensuring accurate and complete documentation will help avoid unnecessary delays in your application process.
9. My children are Australian Citizens, do I need to include them in my partner visa application?
If your children are Australian citizens, they are ineligible for an Australian visa and must enter Australia using an Australian passport. When completing Form 47SP, list all your children; however, for those who are Australian citizens, select ‘not migrating’ even if they will accompany you to Australia.
10. What evidence is required to prove a genuine relationship?
Every relationship is unique, and the required documents for assessing your application may vary. Be sure to include evidence showcasing your household arrangements, recognition of your relationship by family and friends, shared financial commitments, and ongoing communication with each other. Providing comprehensive documentation strengthens your application and helps avoid unnecessary delays.
11. Can we apply for a de facto visa if we haven't lived together for 12 Months?
Living together is a key factor in most de facto relationships, but temporary separations are recognized if they are due to valid reasons. As long as you have lived together at some point since the relationship began, your application may still meet the de facto relationship requirements.
The 12-month requirement does not mean you must live together continuously but that your relationship has been genuine and ongoing throughout this period.
Couples not currently living together may need to provide additional evidence to show they are not permanently separated, ensuring they satisfy the de facto relationship criteria for a Partner visa. Providing accurate and comprehensive documentation can strengthen your visa application and avoid delays.
12. Can I apply for as de facto while still married to someone else?
To be eligible for a Partner Visa as a de facto partner, you must demonstrate that you and your partner have been in a committed de facto relationship for at least 12 months immediately before submitting your application, with the relationship being exclusive to one another. If either you or your sponsor is still legally married to someone else when applying, you must provide evidence that the prior relationship has ended and is no longer active. Ensure your documentation is complete and eligibility criteria is met to ensure your application is not refused.
13. What if the sponsor has previously sponsored someone?
Sponsors may face restrictions if they:
- Sponsored two partners previously.
- Sponsored another partner in the past five years.
- Were sponsored themselves within five years.
You may still be eligible to sponsor your partner under compelling circumstances. Examples include situations where your previous partner passed away or abandoned the relationship, if you have young children, if you have been with your current partner for over two years, or if you or your partner have dependent children.
A decision on whether to waive the sponsorship limitations can only be made once an application has been lodged. It cannot be decided in advance of lodgement.
14. When should I undergo the medical examination?
You can undertake medical examinations when requested by the Department of Home Affairs. Alternatively, you may undergo health examinations prior to receiving a request from the Department of Home Affairs. Use approved panel doctors listed on the department’s website.
15. Can I use my regular doctor for the medical examination?
No. Only examinations by Australian Government-approved panel doctors are accepted.
16. What is the validity period of Prospective Marriage (Subclass 300) Visa?
The Prospective Marriage (Subclass 300) Visa is valid for nine to fifteen months from the date of approval. You must marry your sponsor within this period.
17. What is two-stage partner visa processing?
The process involves the following for Offshore Partner Visa Application:
- Granting a temporary (subclass 309) visa initially.
- Granting a permanent (subclass 100) visa after two years, provided all conditions are met.
The process involves the following for Onshore Partner Visa Application:
- Granting a temporary (subclass 820) visa initially.
- Granting a permanent (subclass 801) visa after two years, provided all conditions are met.
18. Can I travel to Australia while my offshore partner visa is being processed?
Yes, you may apply for a separate visa, such as a visitor visa, while awaiting your offshore partner visa. Ensure you meet the requirements of the visitor visa.
19. After my offshore partner visa is granted do I have to travel to Australia by certain date?
Yes. When your visa has been granted, you will be advised of your ‘initial entry date’ and it is a condition of your visa that you enter before that date. The date is based on the expiry date of your health and character checks, which are generally valid for 12 months from the date they were issued. If you fail to enter Australia by the initial entry date your visa may be considered for cancellation.
20. Can I get a Permanent Partner visa without waiting for 2 years?
The two year waiting period can be waived if, at the time you apply, you have been in a Partner relationship with your partner for three years or more, or two years or more if there are children of your relationship.
Please note that the three year period is assessed from the time you started a committed married or de facto relationship with your partner, and NOT from the time that you first met or formed a casual relationship.
20. Should I buy my flight tickets before my visa is granted?
You should not book flights or make travel commitments until you have a visa to travel to Australia. The department will not be liable for any financial loss incurred by clients whose visa application was not finalised in the expected timeframe or when a visa application is refused.
21 Do I have to use a Migration Lawyer?
No, but navigating the complexities of partner visas can be challenging. Partnering with migration experts like Emigrate Lawyers ensures accuracy and compliance, minimizing the risk of delays or refusals.