Partner Visa Australia Application Process
Getting your own Australian Partner Visa sorted is no easy task. It is a confusing and tumultuous process, so stressing about your Partner Visa is understandable. Well lucky you! Today I will be shedding some light on this difficult process. Right, first things first. In order to be ELIGIBLE to apply for a Partner Visa Australia, you have to be either;
- Married to
OR
- In a defacto relationship
with Australian Citizen, Australian Permanent resident or Eligible New Zealand Citizen at the time of applying. It does not matter if your partner is he, she, “gender not specified”, LGBTQ+ … as long as they are human and not related to you by family, Australian Government should recognize your reationship and your partner visa should be granted even if you are in same-sex relationship.
For those of you thinking about applying for a Partner Visa in Australia, you should know that you may not be entitled to work (or study) in the country immediately, except if the previous Visa already stated you could. As soon as your previous Visa ceases to be applicable, your Partner Visa application with Bridging Visa A OR Bridging Visa B could possibly be eligible to work or study in Australia. Once the time has come and you’ve been granted that temporary Partner Visa, you will be able to immediately begin working and studying in good old Oz. The only problem is that you can’t apply for any sort of fee assistance, such as HELP or Newstart, or government subsidy until you have been granted that hallowed permanent Partner Visa (subclass 100 or 801).
Just to make sure – you know that instead of dealing with a ton of documents for a Partner Visa application you can call us and we’ll do the hard job for you, right? Are you worried it’s gonna cost you to engage a migration agent? Well, it’s up to you if you want to take a risk and lodge an application by yourself or spend some more money for a peace of mind and let the professionals do the job.
Keep reading if you’d like to know more about the spouse visa application process.
As I said before, Australian Partner Visa process is a long and arduous one, which can take many months, sometimes years and is separated into a two-stage process, BUT you apply for both the temporary AND permanent Partner Visa at the same time using the online form titled “47SP Application for Migration to Australia by a Partner.” Long name I know. Apparently, the Australian government isn’t very creative. There are several ways you can lodge these applications, the most popular are by post or online. Lodging online is “easy”! Simply:
- Create or Login to your ImmiAccount and select “New application”, then “Family” and finally from a drop down list “Stage 1 – Partner or Prospective Marriage Visa (300, 309/100, 820/801).
- Once the form has been submitted, your sponsor then uses your TRN to submit THEIR “40SP Sponsorship Form for a Partner to Migrate to Australia.” Application is similar they’ll have to login to their immi acount select “New application”, then “Family” and finally from a drop down list “Sponsorship for a Partner to Migrate to Australia (300, 309/100, 820/801).
- Remember to provide all the relevant documents that they require or you may face a partner visa refusal!
- Pay the Partner Visa Application Charge when you lodge your aplication (don’t get scared once you’ll see how much does it cost – it’s almost 8000 AUD as of beginning of 2020)
Nowadays Home Affairs wants you to lodge partner visa application online, but in very limited circumstances they may allow lodging your forms by post. If that’s the case then:
- They’ll provide application forms (47SP, 40SP and 47A if required).
- Submit application form 47SP, form 47A (if applicable to your situation) form 40SP (which should be completed by your sponsor), and any other supporting documentation required.
- Include the Visa Application Charge (or any evidence that it has been paid).
- Lodge the package at your nearest center or post it to the provided address.
If you manage to meet the long list of ‘initial criteria’, then you will be granted a temporary Partner Visa. This temporary Partner Visa will remain valid until a decision is made on your permanent Partner Visa application. This usually takes two years, but it has been known to take longer. I know someone who has been waiting four years! So if you continue to meet all the legal requirements, and have provided all the additional information required, then the day will finally come when you are granted that ever elusive permanent Partner Visa. Now let’s take a look at the eligibility requirements for that Partner Visa!
Remember – we are here to help. so if you prefer for let a professional do the hard job – let us know and we’ll take care of your visa process, otherwise – get ready for all the fun and continue reading.
Partner Visa Eligibility Requirements
As mentioned earlier, there are two ways to be eligible for a Partner Visa. They are on the basis of a de facto relationship, or a de jure relationship (married). Fancy words huh?
De Jure Relationship (married)
In Australia, if you want to apply for a Partner Visa on the basis of marriage then you need to be legally married to your partner (which in most cases should be your sponsor). If you apply OUTSIDE of Australia on the grounds of marriage then you need to either:
- Be already married to your partner at the time you apply
OR
- Intend to legally marry your partner in the near future (usually before a decision is made regarding your temporary Partner Visa)
The good news is that if you were already married in a country that wasn’t Australia, and the marriage is legally binding and valid in that country, then it is generally recognized as a valid marriage under Australian law. However, the exceptions are:
- Same-sex marriages
- Underage marriages
- Polygamous marriages
These are marriages that are not permitted within Australia. If you need some more information regarding what marriages are recognized in Oz, then you can visit the Attorney-General’s Department website at www.ag.gov.au.
There are also a few more eligibility requirements that we need to discuss. In order to be eligible for a Partner Visa, on the basis of your marriage, you have to:
- be sponsored by an eligible person
- be legally married to your partner (who is usually your sponsor)
- show that you and your partner have a mutual commitment to a shared life as husband and wife to the exclusion of all others
- show that you have a genuine and continuing relationship with your partner
- show that you and your partner are living together or, if not, that any separation is only temporary
AND
- meet health and character requirements.
- you’ll have to undergo medical examinations with a dsoctor appointed by a Home Affairs (BUPA VMS if in Australia)
- you’ll have to provide penal clearances from each country you have spent at least 12 months cumulatively in last 10 years. Your partner will have to provide with penal clearances as well. For Australia it must be AFP clearance.
If you got that far reading, it surely means you appreciate what’s here. Please consider following us on a facebook as we post Australian Visa News on a regular basis there. If you already followed us on an FB, thank you and congratulations for being such a great companion!
De Facto Relationships
There’s a little catch when applying for a de facto Partner Visa. That is you have to have been in a relationship with your partner for at least 12 months BEFORE you can lodge an application. This also needs to be proved. Once you meet this criterion, then there are a few more factors that you must consider. You must:
- be sponsored by an eligible person (usually your partner)
- not be related by family
- be together with your de facto partner
- be aged at least 18 years at the time your application is made
- show that you and your partner have a mutual commitment to a shared life to the exclusion of all others
- show that you have a genuine and continuing relationship with your partner
- show that you and your partner have been in a de facto relationship for the entire 12 months immediately prior to lodging your application
- show that you and your partner are living together or (and if not, that any separation is only temporary)
- meet health and character requirements
When it comes to deciding upon a de facto relationship, the immigration department gets right up into your business. They look at all sorts of things and require evidence, such as living together full time, sharing important financial and social commitments, and setting up a household separately from other people. Next, let’s take a look at what you need to provide with your Partner Visa application!
What to Provide With Your Partner Visa Application. Australian Partner visa checklist.
Let’s make this spouse visa checklist!
Just so we can be 100% sure that every document and item is covered for you Partner Visa, we are going to go into what you need to provide with your application. Remember, if you mess up your application then you may have to pay another fee when you lodge again. That and the wait will be even longer. With that said, you must provide:
- a certified copy of the registry extract showing details of your marriage (if you are married, obviously). Just remember that the immigration department does NOT accept the decorative marriage certificate as acceptable evidence. Anyone can make one of those. If you were married overseas then you will need to contact the relevant authority to request your registry. If you need to find any Australian birth, death, or marriage certificates, they are available from the Australian Government website at www.australia.gov.au
OR
- evidence that you and your partner are in a de facto relationship for the at least 12 months as described earlier. You may be happy to know that there are many compassionate circumstances where permanent Partner Visas have been granted despite not being in a de facto relationship for a full 12 months at the time of lodging.
If you are a Partner Migration Visa applicant then you must also provide the following:
- The completed Application for Migration to Australia by a Partner (that’s the online application)
- The completed Sponsorship for a Partner to Migrate to Australia (which is usually your spouse) (completed by your sponsor – also online). Remember to use your ImmiAccount when lodging online.
- A completed 956 Advice by a Migration Agent/Exempt Person of Providing Immigration Assistance (if you have an appointed, authorized agent)
- A completed 956A Appointment or Withdrawal of an Authorized Recipient (if you have an agent who is not a migration agent/exempt person – remember that in Australia only registered migration agents can provide with visa assistance, so make sure your agent is registered with the office of the MARA)
- Copies of your passport or travel documents
- Other proof of identity
- Evidence that your relationship is genuine and continuing (this is the big one)
- Proof that your sponsor is an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is aged 18 years or over
- Statutory declarations from 2 people who are Australian citizens or Australian permanent residents and who support your claim that the relationship is genuine and continuing (use form 888)
- Certified copy of divorce certificate OR death certificate for each previous marriage (if you are married)
- Completed health and character checks (if this is needed)
- You must pay the Visa Application Charge (as mentioned above)
I told you when you started reading that this is an arduous process. Unfortunately, the fun doesn’t stop there. If you are planning to include dependent children or any other dependent family members in your application, then you’re going to have to provide all the relevant details for your child in your online visa application. Evidence for a dependancy will also be required:
- Copies of passports or travel documents
- Copies of birth certificates (or the family book showing names of both parents)
- Custody documents or a statutory declaration from the child’s other parent giving permission for them to migrate
- Evidence that the signature on the statutory declaration is the signature of that parent, or if your previous partner died, certified copy of their death certificate
- For other dependent relatives, evidence that they have been dependent on you for at least the last 12 months
- Completed health and character checks (if applicable)
With this helpful Australian partner visa checklist, there is no possibility that your application will be refused due to incorrect administration! Although, there are some other common reasons for partner visa refusal.
Partner Migration Temporary Partner Visa (partner visa 309 and partner visa 820)
Lastly, I thought I would finish up with a few technical clauses and notes for when you apply for a Partner Migration Temporary Partner Visa Sub Class 309 and 820. If you lodge your Partner Visa outside Australia, and you are outside at the time of your application, then you need to still be OUTSIDE Australia when the temporary Partner Visa Subclass 309 is granted. Failure to heed this will result in your application being denied.
However, if you manage to lodge your Partner Visa application in Australia, and you are in Australia at the time of your application, then you MUST BE IN Australia when the temporary Partner Visa 820 is granted. Again, failure to heed this may result in your application being denied.
If you manage to secure that temporary Partner Visa then you will have permission to travel to and from Australia until a decision is made on your permanent visa application. You will also be able to finally work and study in Australia. During the 2 year period after making your initial Partner Visa application, you will then be assessed by the immigration department for the permanent Partner Visa (SubClass 100 or 801). If you have been finally been granted a temporary Partner Visa, but lo and behold you now have a dependent child who wishes to migrate (hey life doesn’t care about your plans). He or she wasn’t included in your Partner Visa since you know, they didn’t exist. You can find more information on child dependents here. If you change your address, which is bound to happen more than once, or your circumstances change (and they most definitely will), then you should immediately notify the office or agent that is handling your application.
Permanent Partner Visa (Sub Classes 100 and 801)
To receive the grant for the permanent Partner Visa Sub Classes 100 and 801, whether you are in or outside Australia has no bearing whatsoever. The reason for this is that permanent residence can’t be granted less than 2 years from when you first lodge your application. If you simply cannot wait the entire 2 year period, you may be granted a permanent Partner Visa if:
- at the time you apply, you have been in a partner relationship with your partner for 3 years or more, or 2 years or more if you and your partner have a dependent child of your relationship
- your partner holds or held a permanent humanitarian visa and you were in the relationship before the visa was granted and this relationship was declared to the department at the time (applies to subclass 100 visas only).
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Evidence to provide with your partner visa application (not only for partner visa 820)
Proof of Identity/Personal Documents
After talking about the Partner Visa process, I thought I would delve a little more into what kind of evidence you should provide with your application. Not one to settle for just the application and being done with it, the Immigration Department needs evidence too. I mean, they can’t exactly take your word for it now can they? So in addition to your Partner Visa application, you must not only provide documentary evidence of your identification AND background, you must provide evidence that your relationship is a genuine and continuing one.
Your sponsor also needs to provide the same, exact proof and if you have dependants, you must also provide the required documentation along with your initial application. I understand that you may not be able to provide ALL the documents that they require but unfortunately, I’m not 100% sure how lenient the Immigration Department is, and what concessions they are allowed to make. I’m sure it is definitely on a case by case basis, unique to every applicant. My advice is to have a chat with your local agent or their office explaining your problem. It is 110% in your BEST interests to support your application with as much paperwork as you can manage. It will speed up the process, and also avoid you having to start over again. Please don’t forget that any and all documents you provide will need to be in the form of certified copies (this is because the immigration department won’t be sending your documents back).
The Applicant
As the applicant, you will need to provide certified copies of a number of documents and evidence. I have taken the liberty of listing what is required for you. You will need:
- A certificate of birth showing both parents’ names (OR a Baptism certificate, passport, family tree clearly labeling both parents’ names, government-issued identity forms or document issued by a court that verifies your identity)
- Evidence of any name changes (deed polls, marriage certificates, divorce certificates)
- Your current passport or proof of travel (and all your previous passports or proof of travel)
- Certified copies of your military service record or discharge papers (if applicable)
The Applicant’s Dependents
For dependents of the applicant, certified copies of a number of documents and evidence are required. I have taken the liberty yet again of listing what is required. You will need:
- A birth certificate showing both parents’ names (OR a Baptism certificate, passport, family book showing both parents’ names, identity document issued by the government, or document issued by a court that verifies your identity)
- Evidence of any name changes (deed polls, marriage certificates, divorce certificates)
- Their current passports/travel documents (and all their previous passports or travel documents)
- Certified copies of their military service record or discharge papers (if applicable)
- Any custody documents (adoption certificates, court orders)
- Their previous marriage registry extracts or a copy of the divorce decree absolute, annulment papers, OR the death certificate of the deceased spouse (if applicable)
Sponsor
As the Partner Migration Visa Sponsor, you will need to provide certified copies of a number of documents and evidence. I have taken the liberty of listing what is required for you. You will need:
- Evidence of your sponsor’s status (birth certificate, Australian passport/foreign passport, proof of residency, New Zealand citizenship, passport pages)
AND
- Evidence of any name changes your sponsor had (if applicable, deed poll, previous marriage registry extracts, divorce certificates)
Proof Your Relationship is Legitimate
It feels like I’m saying it over and over but when you lodge an application for a Partner Visa, you absolutely MUST provide any and all evidence you have available, to support your legitimate and true claim. Since the technical links and information is a bit hard to swallow (in other words understand), I have taken all the important points and listed them quite nicely for you below.
Your Relationship History. Statutory declaration partner visa applicant.
Both of you must provide a statement about the history of your relationship, and you have to include the following:
- Describe your first meeting
- Describe how your relationship blossomed
- When he or she popped the question or chose to live and share your lives together
- Describe the many details of your relationship, like how you stand for one another both in terms of finances, through emotions, and in health.
- Mention any times that you and your partner were separated, the duration of these separations, and how you kept the relationship going during these separations.)
- Any future plans you have together
Although you can create these statements on any ordinary writing paper, you should opt to use a statutory declaration. Each page of the paper OR declaration MUST be signed and dated by the author.
Evidence of Your Relationship
As mentioned before, there are four different categories that are required for you to provide evidence. They are:
- Financial aspects
- Nature of the household
- Social context of the relationship
- Nature of your commitment to each other
We know that all relationships are different and unique, so obviously everyone will have a different story. Just try remembering to provide as much evidence as possible (see above) to support any claims you have. As the lists I have given you are just guidelines, try to include everything that you think would help. Ask your agent if you are unsure.
Financial Aspects
The financial aspect relating to this section of the evidence process is one trying to prove that you guys share your finances (true relationships work this way people). You will be required to submit evidence of:
- Do you both own any real estate or other assets that are in your names? Like cars and appliances? Or do you both share any liabilities such as insurance?
- How do you split or pool your finances?
- Have you engaged with any legal obligations, on the basis of being a couple?
- Do you both have any shared accounts with your current banks or documents to prove something like this?
- How do you both split or take care of the bills and multiple expenses?
Household Nature Proof
With the next requirement, you will be asked to provide evidence that you guys share responsibilities. You will be required to submit evidence of:
- Our shared accommodation arrangements
- Details providing the shared responsibility for home duties and how they are allocated.
- Do you have your lease or mortgage in both your names?
- Electricity, gas, telephone shared accounts
- Who pays the bills/living expenses and how are they divided?
- If you both have children, do you have any custody agreements together?
- Any and all documents that clearly state you AND your partner reside at the same address.
Relationship’s Social Circles
The third item in the process of evidence gathering relies on the social aspect of your relationship. You will be required to evidence that:
- You and your partner are socially accepted by peers, friends, and family as a socially legitimate couple. Do you have proof of invitations in both your names? Friend outings? Anyone in common with other friends and family?
- You have documents from different government institutions/authorities
- You have statements and declarations concerning previous requirements from family, friends and colleagues/acquaintances
- You and your partner are members of gyms, sports groups, and other group activities.
- You and your partner both take part in any cultural and/or social functions and groups.
- You have both traveled abroad or interstate together as a couple.
Proving Your Commitment To One Another
The last section requires you to provide evidence regarding your commitment that you and your partner have made to one another. You will need to provide evidence based on:
- How well you know one another regarding every personal, minute detail
- Proof of how far you two are willing to integrate your lives together and how far in you have both gone already
- What both of your wills state
- Documents and proof regarding phone accounts or letters/emails showing that contact was kept during your period of separation.
How To Prove Your Relationship Is On The Level
So we’ve discussed a few items regarding your application and what is needed for the Partner Visa, and one of the requirements was that you had to provide evidence that your relationship is genuine. According to the Australian Department of Immigration, Partner Visa relationship evidence constitutes for approx. 70% of all applications they deal with. It can still be quite a complicated process so I thought I’d run you through how to effectively prove your relationship, and what EXACTLY is needed.
Let me break this down for you. You will need:
- A statement from the sponsor and applicant regarding the nature of their relationship. This means you need to describe your lives together including as many DETAILS as you can give. Try to aim for a few pages; don’t write a novel about your life!
- Witness statements on Form 888. This is a declaration completed by a witness relating to the Partner Visa. Remember, you will need a minimum of 2. Solid advice is to choose a few witnesses who are citizens of Australia (first) and then opt for statements from PR’s and non-residents. Your relatives are also the one’s who should be approached to provide with the statement.
- Certificate of marriage and/or Certificate of Relationship Registration (if this applies to you).
Now we know that every relationship is different, so the second section of providing evidence gets a little bit tricky. In order to make things easier, the Department of Immigration has released a guideline as to what they accept as proof.
As per specifications at Migration Regulation 1.09A, you have to provide evidence that your relationship is genuine. That is that it is a continuing, and mutually exclusive (ahem, what?) commitment to share your lives together. I’ve taken the liberty of extracting some examples from Migration Regulation 1.09A to further assist the process.
What is the Extent of Your Commitment to Each Other?
- Do you both have any real estate or any other assets that are in your combined names?
- Do you both have any liabilities that are in your combined names?
- How do you manage finances and pool them together?
- What is the extent of all of your shared home expenses?
Household Nature
- Do you both have to care for and support any children?
- What are your living arrangements?
- What are your responsibilities for your home duties? How do you share these?
How Do Others Describe Your Relationship?
- Can you provide any feedback or references from friends, colleagues or acquaintances?
- Are you planning and/or taking part in any kind of social groups or functions?
- Can you provide any proof of how you represent yourselves to other people?
Gauging Your Commitments to One Another
- How long has the relationship been going on?
- To what extent do you and your companion draw emotional support from one another?
Still with me so far? Fantastic! In this next part, you have three important things that are imperative to remember.
- If or when you apply for a de facto relationship, you have to provide evidence of your shared history and living situation for a minimum of 12 months. You’ll want to provide evidence for the entire relationship period, but 1 year is the bare minimum required.
- Married couples need to supply evidence that supports the entirety of your marriage. Say you have both been with each other for 5 years, but were only married the last 2 then try to provide as much evidence to prove you were de facto those last few years.
- The Department of Immigration needs YOU to paint the picture for THEM! Remember to provide everything you need as this will speed up the process.
Now the problem is that there is no one, specific way to do this. The answers for everyone will differ accordingly. You managed to tell your tale and provided all the required paperwork, including the witness statements (888), and possibly your marriage certificate. You now have 3 different pieces of evidence for your relationship. So now have a think about if there is anyone else that can provide evidence of your relationship. Use any and all ways to prove your relationship.
Partner visa checklist. Examples of documents to support your partner visa application
Don’t use it as a partner visa checklist as such, because not all of these documents will apply to your particular situation, but this list covers the most popular ones which might be considered by the department as a proof of your relationship.
- Remember your emergency contacts and next of kin.
- You will have certainly told government institutions of your relationship, like the ATO or even your Superfund.
- Any joint accounts? Bank, Electricity, Gas, Lease, Mortgage, Insurance?
- Websites and accounts from social media, where you have mentioned a long time ago you are in a relationship with your partner? (Facebook, Twitter)
- Any visual records like photos or websites?
- Have you been apart from each other? If so, explain your methods of staying in touch? (Email, Skype, SMS)
- Have you bought anything in both of your names? Provide receipts.
- Do you have any mail or documents that prove you live together?
- Are you both members of any association? Provide membership cards.
- Do you present celebratory letters, cards or gifts on celebratory occasions? Provide receipts and proof. (Valentine’s Day, Birthdays, Anniversaries)
To further increase your chances of NOT screwing this up, I’ve also taken the liberty to provide some of the financial aspects of a Join Statutory Declaration, i.e- what the Immigration Department accepts.
- Original letters of joint bank accounts
- Relevant purchases made for before/during a trip
- Flights booked for your trips
- Room bookings made for your trips
- Bank statements of applicant showing all purchases made since the relationship started
- Bank statements of sponsor showing all purchases made since the relationship started
- Joint Statutory Declaration stating a summary of the Nature of your Household
Statutory Declaration from landlord stating rental lease- Confirmation emails for household purchases
- Applicant proof of address living with sponsor in Australia
- Joint Statutory Declaration of the Social Aspect of our Relationship
- Photos of applicant and sponsor together, and with friends every month and every country visited if traveled together
- Joint cards from applicant’s and sponsor’s families
- Personal cards to and from the applicant and sponsor
- Photos of Applicant & Sponsor with both families
- Photo evidence of gifts to and from the applicant and sponsor
- Email confirmation of gifts to and from the applicant and sponsor
- Gig tickets confirmation
- Joint gym memberships
- Screenshots of mutual friends on social media
- Cards from friends to applicant
- Postcards of applicant’s and sponsor’s trips to sponsor’s relative
- Personal emails between the applicant, sponsor, and sponsor’s relative
- Personal emails between the applicant and applicant’s relative
- Joint Statutory Declaration of our Nature of Commitment to each other
- Certified certificate of Births, Deaths & Marriages
- Screenshots of proof that applicant and sponsor are each other’s beneficiaries for their Superfunds
- Applicant’s application form for working for a company stating sponsor as the emergency contact
- Evidence that applicant’s second year Working Holiday Visa was approved and sent to sponsor’s email for confirmation.
- Leaving cards, emails, and postcards sent to each other whilst applicant went to and from overseas.
- Facebook status screenshots showing when applicant and sponsor made their relationship official on social media
- Private Facebook conversations between sponsor and applicant
- Emotional support emails and cards to each other
- Applicant’s and sponsor’s joint website if you run the blog.
- Proof of applicant’s and sponsor’s wills.
And so the list goes on and on but hopefully, you got everything you needed out of the options I listed above. By themselves none of these items actually prove anything, but as a whole, they provide some pretty damning evidence that even the Immigration Department can dismiss.
How to get away with a 12-month requirement for Defacto relationship.
As previously described, when applying for a Partner Visa on the basis of a de facto relationship, you need to provide proof that your relationship has been a minimum of 12 months. This cohabitation requirement also extends to the following types of Visas:
- Permanent Visas
- Business Skills (Provisional)
- Student Visas
- General Skilled Migration Visas
However, the good news is that if you register your relationship in Australia, you are actually exempt from the 12-month requirement (but you still need to prove that you are living together). The benefit of registering as a de facto relationship means that you are legally recognized as a couple under state law. Now the usual requirements to register for a de facto relationship include:
- Both partners being 18 years or over
- Must not be in a relationship as a couple with another person (married, in a defacto relationship or in a registered relationship)
- Must not be related by family (hopefully this is common sense)
- Same-sex and transgender couples are allowed to register
You can register in almost any state of Australia, but there are some main requirements (I know, more) for each state. I’ve provided the links below to the corresponding states. Have a look depending on where you are located.
NSW – Registered relationship under s.4, Relationships Register Act 2010
Victoria – Registered Relationship under s.10(3)(a) of Relationships Act 2008
QLD – Civil Partnership under s.5 of Civil Partnerships Act 2011
Tasmania – Significant Relationship under s.4 of Relationships Act 2003
ACT – Civil Partnership under s.6 of Civil Partnerships Act 2008
Western Australia (WA)
The funny thing about WA is, if you are resident then you can register your de facto relationship but it is not recognized for migration purposes.
South Australia (SA)
Unfortunately, registration is not available here.
Northern Territory (NT)
Unfortunately, registration is not available here.
Applicants using this option need to be aware of (even more) criteria that apply in the many different states. Some have a lot of different requirements, while some only have a few that have changed. It is YOUR responsibility to find out what is what (please see above links). The relationship registration process makes it possible to lodge with a shorter period of cohabitation than would otherwise be the case, just keep in mind that processing time and residence requirements for Australian states.
Please remember every case is different, and what’s described above is only just the iceberg. There’s way more than that in Australian Migration Law and Regulations. It’s always a good idea to discuss your situation with a Registered Migration Agent, who will assess your chances of getting your Partner Visa granted and will lead you through the whole process. And yes you’re right I might be able to help you out. Just fill the form below and we’ll get back to you.
If you’d like to discuss your situation give us a call or contact us.
If you are married to, or in de-facto relationship with an Australian citizen or permanent resident you may be eligible
for a partner visa to enter and remain permanently in Australia.
It is always good to know that Australian government recognizes the same-sex relationship.
If you get this far – here’s the bonus for you:
Bridging visa for partner visa
While applying for an onshore partner visa (820/801) you are also applying for a Bridging visa A. You don’t even know about it as it is not mentioned anywhere in the application.
Once you will lodge and pay for your partner visa application BVA grant should follow. You’ll get it on email. Sometimes in a few seconds, sometimes in a few days. If you did everything right – it should come eventually. If you are in a panic mode after few days – you may ask them politely for it. Your agent should know what to do.
More info on a video:
Here’s a video we found on YT how the application process used to look like when the application has been lodged in a paper form by an applicant – 3 months of hard yakka.
For us it takes usually a couple of days nagging client to provide with the documents we need for their application. There are some stubborn one’s not cooperating but, hey, at the end we got a visa for them as well.
another one:
and one more:
I’ll tell you another secret – love is not mandatory to get a partner visa 😉
If you have any questions or would like to share your story – feel free to leave your comment below.
Could you please send me the forms about bringing a fiance to Australia or to sponsor a girl for a date to marry.Please provide more information about my humble request.
Warm regards,
Kim.
Kim
We’re happy to take care of your case, but first, we’d have to discuss where you are at. Please book a consultation.
Hi, I have tried reading blogs about online lodgement of partner visa in Australia and I cam upon this.
I hope you are able to shed light to what my partner and I had gone through upon lodging my application. So we recently lodge an online application for a partner visa under de facto relationship and I am a bit confused as to why the names of my immediate family members were included as applicants too. I’ve tried and tried to analyse but it doesn’t make sense to me at all. I am 100% that we did the application under Family ->Stage 1 – Partner or Prospective Marriage Visa (300,309/100,820/801) but I just coudn’t get it why the rest of my family members came up too as applicants. Kindly please share to me if you went through the same thing as I am very bothered that I might have done something wrong with our application.
1. If you have included them as migrating with you they are included.
2. If you did not include them as migrating with you and now they are appearing as migrating – maybe there is a glitch in the system. They recently moved the system from one platform to the other.
Book a consultation if you’d like an expert checking your application.
i have had a outside Australia marriage before .i have been divorced for 2 years and 9 months .i have been in a relationship with a girl from another country can i apply for a de facto partner visa .and how much will it cost .
Well – there is no easy answer for such a question
1. Are you an Australian citizen
2. have you sponsored sbdy before
3. Cost – 7k for a department then another 3-5k for various fees
I have canceled my partner visa how long does it take before they have to go back to the Philippines
I don’t really got the point. If you have canceled your visa how do you expect somebody else will have to go back to Philippines?
My visa is temperately partner visa(class820)now and I have a 15months old baby with my husband.Can I apply for Permenant Visa without waiting for 2years? or I have to still wait for 2years then I can appy for PR
You may approach department for an expedited processing of a permanent stage of your partner visa in some circumstances, but it is up to them if they’ll approve your request.
How do you know whether you need to supply police checks and medical checks when submitting the application? Should I complete them and attach them anyway or wait for them to ask for them?
Yes I know. Up to you – medicals and police checks are valid for 12 months in general. If the case officer will take care of your case while still valid, you’re the winner, If not you’ll have to redo.
Hi Nowak,
Just wondering if you’ve had previous experience with this situation as we have applied for a partenr visa.
My partner is currently on a Work & Holiday Visa and plans to go on a holiday, returning to Australia (on around 5 June) just before my partner’s visa expires (around 15 June). We have applied for a partner visa and after the work & holiday visa expires, it will transition to a bridging visa.
I’ve read stories of people being questioned by agents at immigration when they have entered the country just before the visa expires. Just wondering if you’ve had any experiences with a similar issue, when they have entered just before their visa expires?
People are being questioned if the current visa will expire soon and there is no other visa in the background. As you already lodged for a partner visa there shouldn’t be any issues on an airport. Well – they still can ask…
Hi Nowak,
This is a case regarding to student dependent visa, My wife went there couple of days back and she is feeling lonely and ill, So I have decided to apply for student dependent visa. Can you please share what and all documents required
1. And according to AUD how many dollars should i show in my bank account and how many months old the amount should be.
I really appreciate the time , Please kindly help me .. Awaiting for your quick response on this.
Thank you
Regards,
Krishna
Have a look here: Australian student visa financial requirements
My partner and I have been in a relationship for a year now. We moved in together end of february in 2018. We do have a domestic relationship certificate to confirm that we have been in a relationship for 12 months. Will I be exempt from the 12 month living tigether period when applying for the de facto visa? Also, i applied for a humanitarian visa which was refused. Would that be an issue?
De-facto registration may help – but it depends which state you live in. Not all the state registrations are being accepted by a department. Refusal of protection visa may raise the questions if your relationship is genuine or you are just looking for a way to stay in Australia. Make sure your application will be strong. Let us know if you need any assistance with an application.
Hi
Can you please answer me this question, how much money do i need to earn and have in the bank when i applying for the partner visa?, i read so many conflicting articles!.
Can someone on a pension still apply for the partnership visa to bring my lady and her 2 boys here aged 8 and 10?, i am an Australian citizen.
Thanks Alan
Money, in general, is not a criterium for a partner visa. It’s possible to get a partner visa for your lady and her kids even if you are on a pension.
Hi Charles,
thank you for having such an informative business page. It already helped me a lot to get all my documents together for my partner visa application. My question is, I’m currently on a 457 visa until mid may 2018. In April I’ve been living together with my partner for 12 months and also in April we are going on holidays to Europe until end of April. I would like to submit the application in April when I’m away. Is that even possible or do I need to be back in Australia when I submit? As far as I know my 457 will be valid until the last day, even if I submit my application before the end of my 457 and after that I will automatically be on a bridging visa. Is that correct?
Thank you!
Eve
There is no bridging visa for overseas applications.
Im an Australian citizen residing in the UK. My wife is british and we are planning on applying for a 309 visa as we have no set date on when we will move to oz, however thought it would be better to conplete and have the visa granted before we move so she can work when we arrive. Am i eligable to be the sponsor as i do not currently reside nor work in Australia.
Yes, you are eligible. If timing is important, it might be a better idea to move to Australia and apply onshore. Please book a consultation if you’d like to discuss.
Thanks Chalres,
Were not too fussed on timing as were planning on travelling for a few months before we arrive. We can wait.
Thanks again.
I have been dating my Indonesian girlfriend for 8mths. We meet regularly when I’m working in Jakarta and we holiday together.
Since she works full time in Jakarta and me in Australia we don’t meet the criteria for a defacto relationship after 12 months
We wish to live together in Australia, what visa do you advise we apply for
To be eligible for a partner visa you must be in a “de-facto” relationship, dating is not considered a de-facto. Prospective marriage visa could be an option. Please book a consultation so we can discuss it further.
Hi Charles,
I am on my student visa and want to apply my partner’s de facto relationship visa who is in India at the moment. We have been dating for more than 2 years but I am completing my studies here in Australia and she works in IT industry in India. Due to our study & work commitments we are not able to live together but do see each other at every 6 months time period. We don’t have a joint account or lease papers. However we do intend to register our relationship with Victorian Relationship Registration authority. I have 2 questions;
1) Is our case strong enough to get her de-facto partner visa?
2) Is it advisable that I call her here on tourist visa and register our relationship with Victorian Relationship Registration authority?
Thanks in advance
It’s not the best place for such a question as you will be applying for subsequent entrant student visa, not a partner visa, however, rules are similar.
Dating is not considered as a de-facto relationship, so there is no ground for considering her as your dependent.
Visitor visa could be an option, but it may fail because of GTE provisions. If you will mention she’ll be added to your student visa once on-shore her visitor visa will be refused, if you will not mention that her student visa might be refused because misleading information has been provided on a visitor visa application and she may face 3 years ban under PIC 4020. Typical catch 22 situation. Please book a consultation so we can discuss it further and find the best way for a positive outcome.
Hi!!
My partner and I are decided to apply for the partner visa. However, he applied in 2014 the visa subclass 309 with his previous girlfriend in which she did not come to Australia when the visa was granted and then, they broke up them relationship. Conclusion, the visa has not been activated. Is it going to be a problem for our application together? We have been two years in a committed relationship.
Thank you.
There is a 5 years exclusion period, but in some circumstances, it might be waived. Please book a consultation if you’d like to discuss.
Hello Charles,
Wow, I think this is the most comprehensive post I’ve read on the topic, thanks for that!
You mentioned that couples who registered their relationship in Australia are exempt from the 12-month requirement. Does this apply for relationships registered overseas? My partner and I have a registered partnership in the Netherlands (Where he is from), which, according to Births Deaths and Marriages, is recognised in Victoria (I live in Melbourne) under the Relationships Act (2008). But we aren’t sure if it is also valid for the exemption or if we have to go to any additional process.
Thanks in advance!
If it is recognized in Victoria – get a confirmation from them, you don’t want to argue with a case officer.
Hi Charles
You mentioned in your article that we can use facebook or Twitter to provide evidence that our relationship is genuine. But do we need to certify all those photos or screenshot? How can I attach these evidences if we apply online via immiaccount? Also, will the officer goes in my facebook page and see all my information which I don’t want to share?
Thank you
Elaine
It’s up to you what sort of information will you share on social media and to whom. I would say certification of the screenshot might not be necessary.
Hi!
I’m an Australian citizen and spousal leave to remain visa expires in February 2019 which will be over 5 years. I’m married to a British citizen and we have 2 kids together and married for 5 years. Do I have to add my kids to our application for my husbands spousal visa or can I just apply online for Aussie citizenship for them and n the U.K.?
Thanks!
This article is about Partner visa, not a citizenship. Please book a consultation if you’d like to discuss your kids legal status.
I am currently on a 457 visa for two years which expires in September 2019. My Australian partner and I have been together for 2 and a half years, we have plenty of evidence and a registered relationship in Victoria. I have a couple of questions:
1) if we apply now for the visa, will it start being processed now or will the Department wait for my current visa 457 to run out?
2) if the answer to 1) is yes, could I finish my working arrangement and then apply for the de facto visa on the period of time available after ceasing employment? What is the best/fastest way of transitioning into the de facto? Is it best to ask my employer to finish my contract and then apply?
3) what would you recommend if I wanted to manta in the possibility of studying while waiting on a decision on the de facto?
4)How does you office charge to handle de facto applications?
Thanks great post
A case officer will assess partner visa once the time will come. Time left on your current visa is not being a factor for when the case officer will be allocated.
A bridging visa is linked to the active visa and will become active only if a current visa would expire. If your 457 will get canceled because you’ll cease an employment you’ll end with no bridging visa.
It’s always tricky with a transition from 457 to partner visa.
Please book a consultation if you’d like to discuss it further.
Hi Charles, very helpful and informative site you have, just checking if you can give us your thought regarding our situation, met my fiancee on March and after 4 months of dating we decided to get married potentially next month here in Victoria. She is currently here on Tourist Visa, we are thinking of doing the applications ourselves, which mean application will be offshore, had you have similar situations before and also how did the application went through. We know It can be tough but ours is genuine and true, are we able to add evidences as we wait with the application is being processed? as surely in between this time we can start having bank accounts and assets. thanks very much
Marriage will waive 12 months relationship requirement, so yes – it might be doable. Why offshore if she’s here?
Hello,
As the Australian sponsor of a partner visa, do I have to remain living in Australia while my partner’s application is processing, or can I move to my partner’s country in the meantime?
If you are an Australian citizen – it does not matter where you live.
If you are a permanent resident – you should be considered as usually resident in Australia
Hi Nowak migration,
Thanks for the detailed information on the topic. I am on a student visa now that expires in September 2019 and I am getting married to an Australian citizen next month. what type of partner visa do i apply for ? I prefer not to be on a student visa so what can I do about it?
I was on TR until March this year after finishing my masters in 2015. I applied for a student visa in Feb 2018 for a diploma course. what are my possible options?
Thank you.
Check the conditions of your student visa – if it does not preclude you from applying for a partner visa you may consider applying for it.
If you are on a bridging visa – that’s a whole different story. To apply for a partner visa from a BVA you’ll have to satisfy schedule 3 criteria first.
Hi
I’m married to an Australian Resident. Prior to being in a relationship with him I was a part of a protection visa application which was refused and is not pending at the federal court.
I want to apply for a partner visa onshore and I’m on Bridging A visa. Will there be a problem if I do apply for a partner visa without a substantive visa?
Your application will have to fulfill Sch 3 criteria before a case officer will check if your relationship is genuine. There are also some exclusion periods for humanitarian visa applicants. Your case seems to be quite complex, so for your own good – look for a professional advice instead of digging internet for bits of pieces of information.
Hi,
I got 17 years old daughter and she just got baby last June 2018, i am currently now in Australia holding a tourist visa, just got married here last April 2018, can i apply a partner visa while i am still here and can i apply visa for my daughter and my grand daughter with me ?
Given “no further stay condition” has not been imposed on your tourist visa, you might be in a position to apply for a partner visa onshore.
Hi
I’m an Australian citizen currently married to a Thai lady for 1year,been in a relationship for 3 years,applied for a partner visa 13 months ago,during that time we had a baby,so her medical examination was delayed due to being unable to have chest x-ray.We have been very thorough with our application paperwork and are using a broker in bbk,just wondering if you have any thoughts on the time span we can expect for approval as we get minimal information if at all from immigration.She resides in Thailand with baby and we also have a citizen by decent application processing for the baby,
I’d ask this question directly to “the broker” if I’d be you unless he’s useless, which probably he is as you are looking for information from other sources. Average processing times are advertised on a departments website – it’s changing all the time. Unfortunately, there is no way to say how much longer it’s gonna take. What I found – completeness of the paperwork has a crucial role in the process.
Hi there,
Very informative! I just want to know can I bring my partner from Malaysia, we got married there and our marriage is registered. The thing is I am a New Zealand citizen living in Victoria for the last three years – so not a ‘eligible NZ citizen’ is it possible to bring my partner?
Thanks in advance.
461 visa would be probably the one to go for.
Hello
I can’t thank you enough for taking the time to write this comprehensive and thorough article. I have a question (or two) Me and my partner have been together over a year, we moved in together pretty much straight away so again over a year; however I don’t feel we meet the financial criteria, For example we rented a room at first, then we went traveling, then we had a lease for five months last February now we are living at his parents where we pay no thing, all we have is joint back account (made very recently) made each other beneficiaries on super and in process of doing wills. Our plans next were to buy a car and travel Australia in it but again I feel like Is would make us lack in financial criteria aspect? Would you recommend we take on another 6 months lease and delay our plans? I’m English, partner Australian.
Thanks in advance
Natalie
Looks like you have quite a genuine relationship.
A joint bank account used on a regular basis is quite strong evidence of financial aspects, but there are some other documents that might be taken into consideration.
Hi,
I’m an Australian citizen considering sponsoring my partner & marriage to then apply for partnership visa.
I am unsure if I’m even elligble financially as I cannot find a definitive figure of income requirements through the government websites. Is there any threshold that needs to be met to sponsor a spouse?
There is no financial requirement for a sponsor for a partner visa
Hi,
Me and My partner are staying together for 3 years in Australia. But my name was not in the lease as we were living in the shared accommodation along with our friends. we weren’t sure of staying back so we didn’t have any joint account then. But we took new house (June -18) for ourselves, which has our (mine and my partner’s ) names on the lease and recently we opened the joint account as well. From past 3 years we are sharing the vodafone plan, also bank statement of previous year has our previous addresses, I want to register de-facto relationship to apply for PR. Will my case be strong enough or should i get married to him ?
Looks like you may have quite a history of a relationship. You may consider applying for a partner visa based on de-facto relationship if all the 4 pillars of the relationship are satisfied.
Two months ago, I applied for the Spousal Visa 309/100, as I currently live in the U.S. The current processing time is 13-17 months. My questions is, am I still able to visit Australia under an traveling or working holiday visa, while my spousal visa is in process?
Sure – don’t see any issues with that.
Hi, since 2010 in relationship with an Australian partner stayed together with her 8 years been refused twice (companion ship not an relationship from AAT) now applying from offshore with the same partner as a prospective marriage visa how much chance we stand thanks
If you’ve been “staying” together for 8 years – questions is if you are in a relationship or just “dating”
Prospective marriage could be an option if you are not married. It takes up to 17 months nowadays for a decision.
Hi,
I’m an Australian citizen whose been living abroad for 10 years. I’ve been married to my husband for 5 years and we have two kids (both who have received Australian citizenship by descent). We are applying for the 309 visa. Does it make a difference that I haven’t been living in Australia recently? I read somewhere that sponsors need to be “usual residents”.
Secondly, how much evidence do we need to provide for financial interdépendance? We don’t have a joint account or anything under both names as the majority of our assets were under my husbands business or bills were in his name.
“usually resident” is for sponsors who are Permanent Residents. 10 years of relationship and 2 kids is quite strong evidence of your spousal relationship. You’d still have to satisfy 4 pillars. Book a consultation if you’d like to discuss it further: https://nowakmigration.com.au/booking/
Hi,
Need a clarification regarding my partner’s visa application. My partner & I were in a relationship for about a year and we got married recently & I have PR visa to Australia.
My partner was married previously & he has a child of 5 years old now. The child is currently with his ex wife, she’s already married and she does not let us be in touch with the child at any case though, child visits for the father is granted by courts. Apparently she took the child with her and vanished. My agent says we have to add the child details to the visa application and take him to a medical test which we are unable to do so. Could this be a problem? (In the divorce document it’s mentioned about the child as well)
Thanks in advance.
If you want to get a visa for a child as well:
1. Medical examinations are compulsory
2. The other parent will have to sign a declaration she allows the kid to be granted with an Australian PR
Without 2 above – quite unlikely visa for a kid will be granted.
Hi
Im aussie citz by grant. Ive been sponsored by my ex partner on de facto relationship on des 2012 then granted 801 visa. Unfortunetly our relationship end 8 months after my PR granted, des 2015.
Now im married with my current husband and have a 18months daughter, we are living in indonesia.
hear that the new rules about sponsorhip partner visa will come into effect soon…
Worry about that honestly, goin to lodge the application soon to(before june this year) plan to reside back to sydney shortly.
Question;
-As a sponsor my partner visa were granted within 5 years (22 april 2015) is that matter?
-we only have au$19k in our joint account is that enough?
-since married i have no job as a sponsor, only my husband the one working, is that fine?
-my previous relationship end because my ex partner choose to move to queensland follow his fam rather than stay in sydney with me…is that relevant? As it is the fact.
Thx
Changes to sponsorship for partner visas have not been introduced yet.
It looks exclusion periods (if any) would already pass.
Whether you have a job or not and how much on your bank account is not really relevant for a partner visa.
Hello, thanks for a great article! I am an Australian resident and am looking at taking my partner to Australia with me. I met him last year in Argentina while I was here on holiday and ended up living with him for a month. We then kept in contact while we were apart and I am now back in Argentina and living with him for 3 months. I would like to know how to maximise our chances of being granted the Partner Visa: Should I take him to Australia on a Tourist Visa first, or should I live with him here in Argentina for 12 months to gather evidence of our relationship? And how do I do this if we do not have any shared expenses? (In Argentina, we stay at his mum’s house and don’t pay rent and in Australia, if he is not allowed to work then he would not be paying rent there either….) Thank you for your time!
I’d have to write another article to answer these questions. Book a consultation – we’ll discuss the situation and the best way forward.
I am kenyen citizen and have fiancee in Australia who’s planning to come over to my country and see each other now my question is we supposed to be married in my country or which type of Visa can we apply.
If you will get married partner visa will be the only option, if you will not prospective marriage might be still in the picture.
Hi,
I have been in a relationship with my girlfriend since March 2019 and I am on working holiday visa from the UK and she is on the 457 sponsorship visa as she is also from the UK. We have moved in together at the start of August 2019 but my visa expires on 29th Jan 2020. Can I be added on to my girlfriends visa if we register our relationship ?
Thanks Luke
Registration of a relationship is not enough – you need to prove 4 pillars of the relationship. We had similar situations before and were able to successfully add a person to their partner’s working visa.
Hi,
I have been in Melbourne for 5 years. 3 years studying and the last 2 years looking for work and eventually find working. I am currently on a Temporary Graduate Visa (485), which ends next April. I have been looking for other Visa options but all the suggestions i have been getting lead me to a Partner visa.
My partner (who is an Australian citizen) and I have been together for more than a year. We are currently in a relationship where we are both fully committed to one another, and plan to get married someday when we are settled with our careers. We stay at my place on weekdays while on weekends we stay at hers. This has been the living conditions for our relationship.
The issue is, my place is an apartment unit that’s owned by my family, so I do not pay rent nor the bills. My partner lives with her parents, meaning she does not pay rent or bills either. What other sort of evidence can I provide to prove that we have been living together?
Is being able to provide utility bills with our names on it a vital requirement for this application? I believe this is my weakest point if I were to apply for this visa. I want to know your opinion on this.
I hope to hear back from you soon.
Kind Regards,
Hi Adrian
Don’t see any issues here.
We had a few similar applications where couple did not pay the rent for whatever reason. Some declarations and documents with the addresses should do the trick.
If you want to apply by yourself but need somebody to have a look at your application and get advice about strengths and weaknesses – we also have such a service. Let me know if you’re interested.
Hello,
This article is very helpful, thank you. My partner and I are currently getting documents together to register our relationship in South Australia. However, in your article above you state that registering a relationship in SA is not possible, and naturally I am now concerned the registration wont be recognised if we apply for the partner visa. Please can you elaborate on this point?
Thanks,
Amber
Registering a relationship in SA is possible, BUT it will not be considered for waiving 12 months de-facto relationship for a partner visa. Give us a call if you want to discuss it further.
Hi, does passport copies and identity documents need to be certified? We are planning on applying for partner visa, but my husband has his student visa rejected 10 years ago when he was in his first year of uni in the UK because he accidentally overstayed in his expired visa. However he was later granted again after a year. Will this be a issue when we apply for partner visa now?
Good quality colour copies are usually ok – does not need to be certified.
They ask in the partner visa application only about Australian visa refusals.
Hi,
I am in the process of applying for a de facto partner visa (OMG only 3 days away….) And I just wanted to say that your website has been really useful. Me and my partner have met with a migration agent 2 times and with that and the info on your website I’m quite confident that we can lodge a good application. Just one question, what is the ‘rule’ with adding documents to the application later. My application will go through Berlin (I have a Dutch passport). And is there a limit of 2000 words for the statements?
Cheers!
There is no limit of words for a statement.
Keep in mind – a case officer wants to see on your statement information related to 4 pillars, not how much you love each other.