This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia temporarily. Getting this visa is the first step towards a permanent Partner visa (subclass 100).
To be eligible for this visa you must:
- not had a visa cancelled or an application refused
- be outside Australia when you apply
- have a sponsor
- be the right age
- meet relationship requirements
- meet health requirement
- meet character requirement
- have no debt to the Australian Government
- sign the Australian values statement
Stay:
Temporarily until your permanent Partner visa (subclass 100) application is finalized or you withdraw your application.
Cost:
From AUD9,095.00
You must:
- be in a genuine relationship with your spouse or de facto partner who is an Australian citizen, permanent resident or eligible New Zealand citizen
- have your spouse or de facto partner sponsor you
- be outside Australia when you apply for this visa. Family who applies with you must also be outside Australia
- be in or outside Australia when we decide your temporary visa application.
Genuine And Continuing Relationship:
Let us first examine what a genuine and continuing relationship actually means.
According to immigration policy, in assessing whether there is a genuine and continuing relationship, the Department must have regard to all the circumstances of the relationship, as evidenced by all the information that is available to them.
The type of information to consider includes, but is not limited to:
- supporting documents submitted with the application;
- Form 888 statutory declaration by a supporting witness in relation to the partner relationship (Form 888); and
- interviews with the applicant and/or sponsor, or adverse information provided by third parties.
In addition to considering all the circumstances of the relationship, the Department must also consider the four matters as discussed above (i.e. financial, social, household and commitment aspects of the relationship).
Evidence Of Genuine & Continuing Relationship:
How do you demonstrate to the Immigration that you have a ‘genuine and continuing relationship’? What type of evidence of a genuine and continuing relationship can you provide?
The Department will consider all the circumstances of your relationship to determine whether your relationship meets the required definition in accordance with the migration provisions. It must also consider the four factors outlined above, being financial, household, social and commitment aspects of the relationship).
Evidence of a married or de facto relationship (including whether it is a genuine and continuing relationship) can include (but is not limited to):
- Written statements from yourself and your spouse/de facto partner, outlining the following:
- how, when and where you first met;
- how the relationship developed;
- when you moved in together, got engaged or married;
- what you do together;
- time you spent apart;
- significant events in the relationship; and
- your plans for the future.
- evidence of how you and your partner share financial matters, including:
- joint mortgage or lease documents;
- joint loan documents for major assets (i,e, homes, cars or major appliances);
- joint bank account statements; and
- household bills in both names
- evidence to demonstrate how you and your partner share domestic matters, including:
- a statement about how you share housework;
- household bills in both names;
- mail or emails addressed to you both;
- documents that show joint responsibility for children; and
- documents that evidence your living arrangements
- evidence that your relationship is known to others, including;
- joint invitations or evidence that you go out together;
- evidence that you have common friends;
- evidence that you have notified government, public or commercial bodies about your relationship;
- evidence that you engage in joint sporting, cultural or social activities together; and
- evidence of joint travel
- evidence of how you are committed to a long-term relationship with one another, including:
- demonstrate that you have knowledge of each other’s background, family situation or other personal details (this information can be provided in an interview with the Department);
- demonstrate that you have combined your personal matters;
- the terms of your wills; and
- evidence that you stay in touch when apart.
Eligibility Criteria for the offshore Partner Visa (subclass 309) include the following:
- Applicant must be outside Australia at Time of Application.
- The Applicant and the Sponsor must be married or be living together for at least 12 months. Unlike the requirements for the subclass 820 visa, registering their relationship does not carry any weight for this visa.
- The Sponsor must not have sponsored two other Applicants for a Partner Visa in the past, or not have sponsored in the past 5 years (some exemptions apply).
- At Time of Application, the following documents must be uploaded:
- At least two Form 888’s by eligible friends or family members that have been witnessed.
- Identity documents for both the Applicant and the Sponsor.
- Evidence of Marriage and/or Co-Habitation.
- Separate statements from the Applicant and the Sponsor explaining the development, the financial aspects and the social aspects of the relationship, the nature of the household and the future plans/commitment to each other.
- Most other documents can be uploaded after lodgement, however, the above-mentioned documents must be uploaded the same day you lodge your Partner Visa.
Process:
If you have any questions or need further information, please do not hesitate to schedule of appointment for free consultation session with our Immigration Lawyer to assist you throughout the process until final outcome.
