16 Nov, 2022
VIHAAN SALARIA
Australia Partner Visa
Having your partner by your side is always important in life. Australia being home to many international people and every year the country witnesses thousands of applications of Partner Visa by many Australian. If you are anywhere in the process of filing the visa or considering lodging an application, then you might be aware that it is significant to understand the applicable legislation for it is not such an easy way forward.
Like with every visa, you must also have the knowledge of the important facts and pointers before you submit your final application. Here are the 7 most important technical pointers to help you take a wise decision for your Partner Visa Application for Australia:
Evidence to include in your Partner Visa application for Australia is critical
It is not right to think that because you are in a genuine relationship with your partner, the department of home affairs will also “think” the same. You will have to demonstrate your relationship with your partner with help of financial evidences, co-habitation evidences, and social evidence. You can include co-owned bank accounts, some assets like a property or car.
You can include declarations from friends and family. Written statements from them can detailed and need to be accurate. So make sure you check through your Facebook and emails to ensure the date and evidence accuracy.
Failing to update your application while it is in process may lead to visa refusal
After you have put your application and it is queued to be processed, you can still continue to add to the evidences like any of your travel photos, festival pictures together along with family, friends. This sends out the message to the department of home affairs your genuineness and seriousness for the visa application.
If you have a joint bank account but it doesn’t have any activity, then that might send out red flag to the visa assessing authorities. Thus, through various means you need to demonstrate that you in an ongoing, committed genuine relationship.
You can lodge the visa before being married to one another
In case if you are applying for the visa offshore then you can make the application on the basis that you intend to marry each other provided one of the partner is an Australian citizen, Australian permanent resident or an eligible New Zealand citizen. Further, by the time your visa is processed, you must be married and thus, be able to fulfill the visa requirements.
This may help you bypass the prospective marriage visa step and you can straightaway apply for permanent residency, consequently save time and money.
The requirement to be living together for the period of 12-months may be waived
Previously, it was essential for couples to provide a proof 12-month period of living together. This requirement has been eased out due to the fact that for some genuine reasons a couple may have to live separately. Thus, the couple can be in a de facto relationship rather than living physically together. This is also waived in case if you are married to an Australian citizen via a marriage arranged through cultural rituals.
Some other reasons that can exempt the applicant from the one-year relationship requirement are:
If a regulation in specified law of state or territory and in the Acts Interpretation (Registered Relationshops) Regulations 2008 is valid and applicable to your relationship
Substantial evidence of a considerable circumstances like having a child out of the relationship
Your partner holds a permanent humanitarian visa or is an applicant for the same
In any case, you may be required to submit certain statements like the initial meetings, financial stature, commitments and sharing details like bank statement, social evidences, and proof of any joint liabilities.
Adding a dependent child to the visa application during the processing time is possible
If you have a dependent child and are under a dilemma whether to include them in the application or not then for your knowledge, you can include them in the visa application during its processing. The child can get the Dependent Child Visa post which the child can be added as a migrating dependent in the application.
In case when the temporary visa has been granted, the child can then be added to the permanent Partner Visa application.
Visiting your Partner in Australia during the visa processing time is allowed
When you have lodged the Temporary Partner Visa for Australia (subclass 309) from offshore, you can visit your partner while your application is under process. However, you must know that this visa can only be granted if you are offshore. In case if your visa is ready and you are still onshore then the department of immigration will notify you to fly back to your home country before the visa can be sanctioned.
It is possible to apply for a de facto visa while you are still married (but separated) to someone else
In case when you or your partner are married to someone else but are separated from them and are currently in relationship with someone new who is an Australian citizen, permanent resident or eligible New Zealand citizen then you might be eligible to apply for a de facto Partner Visa.
While you and your current partner cannot marry each other, the Australian immigration law allows you both to be in a de facto relationship and put theevidences of the relationship during the application. With a substantial evidence of living together, you may be eligible to lodge an onshore or offshore de facto Partner Visa.
For now, you know the facts pertinent to the Partner Visa, both offshore and onshore, we will cover further important facts related to this visa in our upcoming blog entries.
At XL Migration, we have witnessed numerous types of Partner Visa applicants and have assisted in lodging them from start to end. It is vital for you to understand that Department of Home Affairs is strict with the visa processing and you might not want to leave any loose ends or commit silly errors in your application. For that, our agent ensures to understand your case thoroughly and provide you with the most suitable advice. If you are contemplating lodging your Australia Partner Visa application then book a one to one consultation with our migration agent at the earliest to seek accurate information and guidance. Get all your queries and doubts cleared before taking the step.
