A partner visa is among the classes of visas that an Australian citizen, a lawful permanent resident of Australia, or an eligible New Zealand national can confer on their partner. The rules are distinct with respect to whether one is married to someone else who may be physically residing in Australia, or if one wishes to be sponsored by a special residence categorisation.
If you wish to marry your bride without delay but are still outside Australia, a Prospective Marriage Visa is the correct visa for you. You will be able to enter Australia at any time before the visa expires. After the wedding, you can submit a partner visa application from within Australia or from outside.
Partner visa checklist in 2023
The following checklist is appropriate for all applications under subclass 801 (spouse) or subclass 820 (fiance/prospective spouse). If you have previously applied for a partner visa:
• You need to provide your file number if you were granted a visa.
• You must also give the date of application and the name of an application made in Australia or the date that your last visa was granted outside Australia, whichever is relevant.
• You must also provide the date when you applied for that visa and the name of that application.
• If either of these dates is not available, give details about how accurate your approximate guesses are.
⇒ A photocopy of your passport bio page must be submitted.
⇒ Your original birth certificate or a certified copy of it must be submitted.
⇒ A photocopy of your birth certificate or a certified copy from the issuing country must be submitted if you were born in Australia.
⇒ Proof of relationship is required, such as:
– A marriage certificate issued by an Australian state or territory government that shows when you got married;
– An Australian national marriage certificate;
– A statutory declaration of common law relationship (which is available) if you’re married by a civil union in Australia or overseas.
⇒ A photocopy of your passport bio page must be submitted.
⇒ Your original birth certificate or a certified copy from the issuing country must be submitted.
⇒ Proof of relationship is required. Please note that the proof of relationship varies from case to case and depends on whether you are married to your partner or a party to a civil partnership or de facto relationship. You must also provide evidence of your financial interdependence as your spouse/partner (if you’re married) or if you’re not married, you and your partner must provide evidence of your interdependence in that relationship.
⇒ Proof of your identity is required. You need to provide:
– A photocopy of the identification page (bio) on your current passport (if applicable); or
– For outside Australia visa applications – if you’ve ever held an Australian visa, you must provide the original or a certified copy of all visas issued to you in Australia;
– If you’re outside Australia and have never held an Australian visa, you will need to give details as to why this is so. For example, You are not eligible for a visa because you have been rejected on security grounds, or you cannot claim the status of Australian permanent resident, as you have not been on a stream to that status.
How can an attorney help you while applying for an Australian partner visa?
An attorney can help you to prepare and submit your partner visa application, as well as provide guidance on the documentation and evidence required for a strong application. Additionally, get Australian immigration law services to offer advice on the best strategy for submitting your application, including whether to apply from within Australia or outside of Australia.
If you have previously been denied an Australian partner visa, an attorney can also help to identify the reasons for the denial and work with you to strengthen your application going forward. Ultimately, partnering with an attorney can be a great way to ensure that your partner visa application is successful and that you are able to begin your new life in Australia as soon as possible.
Frequently asked questions
Here are 4 common questions that people often have when applying for an Australian partner visa:
1. What types of documentation and evidence are required to apply for a partner visa?
This will depend on a number of factors, including whether you are married or in a civil partnership with your partner, whether you have previously been denied a partner visa, and the requirements of your specific application. Some common documentation and evidence may include a photocopy of your passport bio page, an original birth certificate or certified copy, proof of relationships such as a marriage certificate or civil union certificate, and proof of identity such as copies of any previous passports you have held.
2. How can I prepare my partner visa application effectively?
There are a number of things you can do to make sure that your partner visa application is as strong as possible. You should start by consulting with an experienced immigration attorney who can provide guidance on what documentation and evidence you need, as well as help you to prepare and submit your application in a timely and efficient manner. Additionally, you may want to gather as much documentation and evidence as possible to help support your application, including photos of you and your partner together, bank statements showing joint accounts or shared expenses, and any other relevant information that demonstrates the nature of your relationship.
3. How long will it take for my partner visa application to be processed?
This will depend on a number of factors, including the current volume and caseload of partner visa applications at the time you submit your application. In general, the processing time for partner visas can range anywhere from 6 months to 2 years or more, so it is important to be patient and work with your immigration attorney throughout the process.
4. What are my options if my partner visa application has been denied?
One option is to consult with an experienced immigration attorney who can review the reasons for the denial and help you identify any potential strategies or next steps that may be available to you. Another option is to consider reapplying for a partner visa, with more robust documentation and evidence to support your application, as well as a stronger overall strategy for submitting your application in a way that maximizes your chances of success.
Conclusion
Whether you are applying for an Australian partner visa for the first time, or have been denied in the past and want to try again, partnering with an immigration attorney can be a great way to ensure that your application is successful. With expertise in Australian immigration law and experience working on partner visa applications, a qualified attorney can provide guidance on the documentation and evidence required, help you to prepare and submit your application in a timely manner, and work with you throughout the process to help ensure that your partner visa is approved as quickly as possible.
