Immigration Law

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Can I apply for a Partner Visa?

Yes. You can lodge your partner visa application immediately if:

You have registered your marriage
Entered into a civil partnership in an Australian state or territory
You have been in a de facto relationship for 12 months or more
Immigration Law

Which Partner Visa should I apply for?

If the applicant is in AustraliaIf the applicant is overseas
  • Stage 1: Partner visa (Temporary) (subclass 820)
  • Stage 2: Partner visa (Permanent) (subclass 801)
  1. If the applicant and the sponsor are married or in a de facto relationship:
    • Stage 1: Partner (Provisional) visa (subclass 309)
    • Stage 2: Partner (Migrant) visa (subclass 100)
  2. If the applicant and the sponsor are to get married in Australia:
    • Prospective Marriage visa (subclass 300)

Get your partner visa at the first attempt!

Frequently Asked Questions

You are in a de facto relationship if:

  • you and your partner who may be of the same or opposite sex
  • have a relationship as a couple living together on a genuine domestic basis
  • are not legally married to one another
  • are not related by family

Whether you have registered your marriage or are in a de facto relationship, you have to prove that your relationship is genuine and continuing.

There are 4 aspects you have to satisfy the Department of Home Affairs when proving your relationship:

Proving Relationship for Partner Visa
FinancesHouseholdSocial MattersCommitment
Show how you and your partner share financial matters.Show how you and your partner share domestic matters.Show evidence that others know about your relationship.Show how you are committed to a long-term relationship with each other.
Examples:
  1. joint mortgage or lease documents
  2. joint loan documents for major assets like homes, cars or major appliances
  3. joint bank statements
  4. household bills in both names
Examples:
  1. a statement about how you share housework
  2. household bills in both names
  3. mail or emails addressed to you both
  4. documents that show joint responsibility for children
Examples:
  1. joint invitations or evidence you go out together
  2. proof you have friends in common
  3. proof you have told government, public or commercial bodies about your relationship
  4. proof you do joint sporting, cultural or social activities together
  5. proof you travel together
Examples:
  1. proof you have knowledge of each other’s background, family situation or other personal details. You could tell us this at an interview
  2. proof you have combined your personal matters
  3. the terms of your wills

Yes.

Same-sex marriages have now been recognised under Australian law. Therefore, same-sex couples have the same visa pathways under partner visa stream. There is no different treatment between homosexual couples and heterosexual couples.

People who are on a Partner visa do not have to stay in an abusive relationship to remain in Australia. In Australia, domestic and family violence is not accepted. A partner, family members or other people in the community cannot threaten your visa status. Only the Minister or a delegated officer has the power to refuse or cancel a person’s visa.

If you are experiencing family violence, and your relationship has ended, there are provisions in Australia’s migration laws to allow you to continue with your permanent partner visa (100 or 801 visa) application if you hold any of the following visas:

  • 309 visa
  • 820 visa
  • 300 visa

If you are the perpetrator of family and domestic violence, your visa may be refused or cancelled.

It does not matter if your relationship breaks down after you have obtained permanent residency.

However, your visa may still be cancelled if it is reported or discovered by the Department of Home Affairs that at the time of permanent residency application your relationship was false and fictitious.

The application for a permanent residency visa in Australia is expensive, extensive and complicated. It can be challenging for people without any legal background to submit such an application on their own. Any mistake, such as statement inconsistency or insufficient supporting evidence, may lead to the delay or even rejection of your visa application.

Experienced immigration lawyers at Ascent Lawyers can provide you with clear guidance throughout the process, ensure that quality documents are prepared to boost and increase your chances in obtaining your permanent residency visa.

Learn more:
Immigration Lawyers vs Migration Agents

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