In Love with an Aussie?
Regardless of whether your Australian partner lives in Australia or elsewhere, if you are in a genuine, exclusive relationship, you might be able to obtain a Partner Visa, which would allow you to live in Australia with your partner.
Spouses, de-facto and same sex partners of Australian permanent residents or citizens may qualify for a temporary visa which leads to a permanent residency visa under the Partner migration stream. It’s a popular partner visa pathway here in our Brisbane headquarters.
There are several criteria which must be met – one of the the most important is being able to provide evidence of a genuine and continuing relationship.
Usually, a temporary Partner Visa is granted as a temporary visa for 2 years to qualifying applicants. Provided that 2 years after lodgement, the applicants continue to be in a genuine relationship, a permanent visa would be granted.
The Partner visa can be applied for while you are in Australia, or while you are overseas. It’s a different visa for each. One distinct advantage of lodging from within Australia is that you would be grated a Bridging Visa which has full work rights.
Subclass 300 – A Better Option for some
For couple who may not yet meet the requirements of the Partner visa, consider the Subclass 300 – Prospective Marriage Visa.
An offshore person can apply for this visa if they are intending to marry an Australian permanent resident or citizen. The couple must have met and have a genuine intention to live together as spouses. The visa is temporary and marriage must take place within 9 months.
Since the recent legalisation of Same Sex Marriage, the visa can now be accessed by same sex couples as well!
The Prospective Marriage Visa will eventually expire and, once married, the couple applies for the Partner visa.
7 Common Mistakes Made When Applying for a Partner Visa for Australia
Applying for a partner visa in Australia can be a challenge. It’s an expensive visa, with a lodgement charge of over $7000 AUD. The process has many nuances, and delays or refusals can occur just by entering one wrong detail on a form. In most cases, when someone applies for a partner visa, they hope to go through the system fast so they can live with their significant other and begin a new life together.
Before getting started, make sure you avoid these 7 common mistakes made when applying for a partner visa. If you have any questions about partner visa applications, our Brisbane headquarters has migration agents specialising in partner visas, so contact us today.
1. Assuming Your Spouse is Welcome Because You Say So
No one wants to keep couples apart, but that doesn’t mean the Australian government is ready to take your word for it. Relationships must be proven to be genuine and ongoing before a partner visa is approved. This prevents people from claiming a relationship when there isn’t one just to help someone gain access to a visa.
2. Don’t Assume a Previous Denial Won’t Be a Problem
If you were denied previously, it might be harder to obtain a partner visa. Just because the reason may be different doesn’t mean a previous denial will be overlooked. The fastest way to get into the country is by doing it the first time around.
3. You Don’t Have to Live Together for a Year
There is a myth that once you are legally married, you must live together for a year before applying for a visa. This is not true. The actual requirement is to be legally married OR live in a monogamous relationship for a span of 12 months.
4. I Don’t Need Professional Help to Obtain a Partner Visa in Australia
There are some parts of the process you may be able to handle on your own, but there are other areas that get far more complicated. Having a professional migration agent on your side will dramatically improve your chances of success. Few people want to lose $7000 or more, when a refusal could be prevented. Recent statistics obtained under the Freedom of Information Act, show that in 2016-17, the refusal rate for non-migration agent lodged Partner visas was around 50%!
5. Relationships Need Documentation
The government doesn’t expect you to keep official documents from the time you want on your first date. That being said, you will be expected to supply documentation proving that your relationship is authentic and real.
6. I Have No Choice; I Have to Get Married for My Visa
A partner visa is one way to enter the country, but it isn’t the only way. Not everyone is prepared to make the commitment of marriage, and it’s not something that should be done for the sake of paperwork. Contact a migration agent to discuss other options if you’re not ready to marry.
7. All Migration Agents Are the Same
This is far from true, which is why you need to choose a professional carefully. You need someone with experience and extensive legal knowledge – and the best way to narrow down your agent is to choose a Registered Migration Agent, who is also a member of the Migration Institute of Australia. One mistake could set you back months, or in extreme cases, years. Go through the process quickly and easily by choosing a migration agent that knows how to navigate the system. Take our free visa eligibility assessment to get started on your path to migrating to Australia and obtaining a Partner Visa Australia.
How a Registered Migration Agent Can Assist Your Partner Visa Application
If you plan to relocate to Australia, then you should consider hiring an Registered Migration Agent. They are experts in migration and can help you make the right decision when applying for visas or preparing for travel. They are available to assist families of all kinds, so you have the best chance at getting visa approval for yourself or your partner. Our Brisbane office has experts in partner visa applications and can take you through the entire process.
What Does a Migration Agent Do?
You should only work with registered migration agents to ensure that you are choosing a professional who has the knowledge required to do the job. They can provide assistance when preparing visa applications, provide recommendations, and review your documentation to ensure it is up to standards.
Migration agents can also interact with the government on your behalf. They monitor application progress and can represent you in court for visa-related matters. Some offer even more, like relocation services and student support.
Same-Sex Marriage and Visa Applications
A landmark vote occurred recently in Australia. A two-month long national postal survey came out in favour of legalising same-sex marriage. The results were overwhelming, with 61% in favour and only 38% against it. It was a day of celebration, and one that will also have an effect on visa applications.
The Marriage Amendment redefines marriage as “a union of two people.” It removes gender-specific language. That means that, effective as soon as the new law commences, same-sex partners will now be able to apply for a Partner visa. They may also be eligible for other types of visas based on marriage status.
Couples that previously encountered obstacles when trying to cohabitate can apply for a Prospective Marriage visa. Couples who were already married overseas may be eligible to apply for a Partner visa. The new law will also extend to other temporary visa holders, including New Zealand citizens who can now bring same-sex partners to Australia.
Hire a Migration Agent for Your Partner Visa
When applying for a same-sex Partner visa or any other marriage-based visa, you will still need to prove your relationship to the Department of Immigration and Border Protection. This may require significant evidence to be considered for approval. A Registered Migration agent can help you work through the process and compile documentation and proof that will give you the best chance at success.
If you have questions about relocating a same-sex partner, contact Emergico Migration. We can guide you as you build a case to prove your relationship and bring your partner into the country.