1. What are the basic requirements for a Australia Partner Visa?

To be eligible for an Australia Partner Visa, the applicant must meet the following basic requirements:

1. Be in a genuine and committed relationship with an Australian citizen, permanent resident or eligible New Zealand citizen.

2. Be at least 18 years old (or have a consent from parent or guardian if under 18).

3. Meet health and character requirements.

4. Have no outstanding debts to the Australian government.

5. Have a sponsor who can provide financial support and is willing to sponsor the applicant for a period of 2 years.

6. Must not have previously had a visa cancelled or refused while in Australia.

7. Meet all other specific requirements for the type of partner visa being applied for (such as de facto or married relationship).

8. If applying for an onshore partner visa, must hold a valid visa that allows onshore application, such as visitor visa or student visa.

9. Provide evidence to prove a genuine and ongoing relationship with the partner, including joint financial commitments, shared household responsibilities, and social activities together.

2. What is the processing time for an Australia Partner Visa?

The processing time for an Australia Partner Visa can vary depending on the location and individual circumstances. Generally, the current processing time for most Partner Visas is around 12-16 months. However, factors such as the completeness of the application, additional information or documents requested, and any character or health checks can affect the processing time.

3. Can I apply for a Partner Visa while in Australia?

Yes, you can apply for a Partner Visa while in Australia as long as you are holding a valid visa that allows you to stay in Australia during the processing period. If your current visa is about to expire, you may need to apply for a Bridging Visa to remain lawfully in the country until a decision is made on your Partner Visa application.

4. How do I prove my de facto relationship for an Australia Partner Visa?

To prove your de facto relationship for an Australia Partner Visa, you will need to provide evidence of living together with your partner for at least 12 months prior to lodging your application. This can include joint leases or bills, joint bank accounts, travel documents showing trips taken together, and/or statements from friends and family attesting to your relationship.

5. Can I work in Australia on a Partner Visa?

Yes, once granted a Partner Visa and have moved to Australia, you will have full work rights. However, if you are applying from within Australia on a temporary visa (such as a Visitor Visa), you will need to hold substantial funds in order to cover living expenses during processing.

6. Is there an age requirement for an Australian Partner Visa?

There is no specific age requirement for an Australian Partner Visa; however, applicants must meet certain criteria regarding their relationship status and duration of their relationship in order to be eligible.

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3. Do I need to be married to apply for a Australia Partner Visa?

No, you do not need to be married to apply for an Australia Partner Visa. The visa is open to both married and de facto partners of Australian citizens or permanent residents. A de facto relationship is defined as a genuine and committed relationship between two people who are not legally married but have a mutual commitment to a shared life together.

4. Can same-sex couples apply for an Australia Partner Visa?

Yes, same-sex couples are eligible to apply for an Australia Partner Visa. The Australian government recognizes same-sex relationships and grants partner visas for both de facto and married same-sex couples. As with any partnership visa, applicants must meet the eligibility criteria and provide evidence of their genuine relationship.

5. What documents do I need to provide as evidence of my relationship?

The documents that you provide as evidence of your relationship will depend on your specific situation and what is applicable for your relationship. Generally, some common documents that are used as evidence of a relationship include:

1. Proof of cohabitation: This can include a joint lease agreement, utility bills with both names on them, or mail addressed to both partners at the same address.

2. Financial documents: These can include joint bank account statements, joint credit card statements or insurance policies with both partners listed as beneficiaries.

3. Joint ownership or assets: Documents showing joint ownership of property such as a house, car, or investments can be used as evidence.

4. Travel documents: If you have traveled together, you can provide copies of plane tickets, hotel reservations, or travel itineraries to show time spent together in different locations.

5. Photographs: Pictures of the couple together at various events and occasions can also be submitted as evidence.

6. Affidavits from family and friends: Sworn statements from friends and family members who know the couple and can attest to their relationship may also be useful.

It is important to note that providing a combination of different types of evidence is often more effective than just one type alone. You should also make sure that all documentation is current and clearly shows the names and dates involved in order to avoid any delays in processing your application.

6. Can I include my children on my partner visa application?

Yes, you can include your dependent children on your partner visa application. If they are under the age of 18, they can be included as secondary applicants on the same visa subclass as you and your partner. If they are over the age of 18, they may need to meet certain criteria to be included on the application. It is important to note that including children may affect the overall processing time and cost of the visa application.

7. Is there a minimum income requirement to sponsor a partner for an Australian visa?

Yes, there is a minimum income requirement for sponsoring a partner for an Australian visa. The sponsor must be able to demonstrate that they can provide adequate financial support and accommodation for their partner in Australia. The specific income threshold may vary depending on the type of visa being applied for and the number of family members included in the application. It is recommended to check the current requirements on the Department of Home Affairs website.

8. Do I need to have met my partner in person before applying for an Australian Partner Visa?

Yes, you must have met your partner in person before applying for an Australian Partner Visa. This is because the visa application requires evidence of a genuine and committed relationship, including proof that you have spent time together in person. This can include things like photos together, joint travel documents, and shared financial or household responsibilities. If you have not yet met in person, it may be difficult to demonstrate the validity of your relationship to the Australian government.

9. Can I work while on an Australian Partner Visa?

Yes, you are allowed to work while on an Australian Partner Visa. The specific work rights you have will depend on the type of Partner Visa you hold.

If you hold a temporary Partner Visa (subclass 820 or 309), you will have full work rights and can work in any field or occupation in Australia. You will also have access to government services such as Medicare for healthcare.

If you hold a permanent Partner Visa (subclass 801 or 100), you will also have full work rights and can work in any field or occupation in Australia. However, you will not have access to Medicare until your permanent visa is granted.

In both cases, it is important to note that your right to work starts from the date that your Partner Visa is granted, not from the date that you lodged your application. Before your visa is granted, if you are in Australia on a temporary Partner Visa, you must make sure that you have a valid visa with appropriate work rights included before starting any employment.

10. How long can I stay outside of Australia while on an Australian Partner Visa?

As a holder of an Australian Partner Visa, there are no restrictions on how long you may stay outside of Australia. However, there are certain requirements that must be met in order to maintain your visa status:

– If you hold a temporary Partner Visa (subclass 820 or 309), you must first enter Australia by the specified initial entry date listed on your visa grant letter. After this initial entry, there are no further restrictions on how long you can stay outside of Australia.
– If you hold a permanent Partner Visa (subclass 801 or 100), it is important to continue living in Australia once the visa is granted as it can be canceled if it is deemed that the relationship was not genuine at the time of grant.
– If at any point during the application process it appears that your relationship with your partner has ended, either permanently or temporarily, it is important to notify the Department of Home Affairs as soon as possible to avoid your visa being canceled.

It should also be noted that if you plan to stay outside of Australia for an extended period of time, you may need to apply for a resident return visa (subclass 155 or 157) before you leave, in order to maintain your permanent residency status.

10. Am I eligible for permanent residency through an Australian Partner Visa?

Yes, you may be eligible for permanent residency through an Australian Partner Visa if you are in a genuine and ongoing relationship with an Australian citizen, permanent resident or eligible New Zealand citizen. You must also meet the eligibility criteria for the specific partner visa category you are applying for and pass character and health checks. Additionally, you must also provide evidence to prove the genuine nature of your relationship, including living together for at least 12 months or being able to demonstrate a compelling reason why this is not possible.

11. How long do I have to wait before applying for permanent residency through an Australian Partner Visa?

There is no specific timeframe that you need to wait before applying for permanent residency through an Australian Partner Visa. However, in order to be eligible for permanent residency, you must have been in a genuine and ongoing relationship with your Australian partner for at least two years prior to lodging the visa application.

12. Will I have access to healthcare benefits while on an Australian Partner Visa?

Yes, healthcare benefits are included in the Australian Partner Visa. As a temporary resident on a Partner Visa, you will have access to Australia’s public healthcare system known as Medicare. You may also choose to purchase private health insurance for additional coverage. Once you become a permanent resident, you will have access to the same healthcare benefits as an Australian citizen.

13. Are there any age restrictions for applying for a Australia Partner Visa?

Yes, the applicant must be at least 18 years old at the time of application. If the applicant is under the age of 18, they will need to have a sponsor who is over the age of 18 and legally responsible for them.

14. Can my partner and I apply for separate visas at the same time?

Yes, it is possible for you and your partner to apply for separate visas at the same time. However, each application will be assessed individually and the outcome may be different for each person, depending on their individual circumstances and eligibility criteria. Therefore, it is not guaranteed that both applications will be successful.

15. How much does it cost to apply for an Australian Partner Visa?

As of 2021, the cost for a subclass 820/801 Partner Visa (onshore) is AUD $7,715 and for a subclass 309/100 Partner Visa (offshore) is AUD $7420. These fees are subject to change and do not include any additional costs such as health assessments or immigration agent fees. It is important to check the most up-to-date fees on the Department of Home Affairs website before applying.

16. Will my criminal record affect my chances of getting an Australian Partner Visa?

A criminal record may affect your chances of getting an Australian Partner Visa, as it will be taken into consideration during the character assessment conducted by the Department of Home Affairs (DHA). The DHA may refuse a visa or impose additional conditions if they deem that there is a risk to the Australian community. However, each case is assessed individually and the decision will depend on the nature and severity of the offense, how long ago it occurred, and other relevant factors. It is recommended to seek professional advice from a migration agent or lawyer to fully understand your individual circumstances.

17. How does the Department of Home Affairs assess a genuine de facto relationship?

The Department of Home Affairs assesses a genuine de facto relationship by examining various factors such as the nature and duration of the relationship, shared financial responsibilities, social aspects of the relationship, and mutual commitment to a shared life. The department may also consider evidence such as joint bank accounts, joint ownership of property or assets, joint travel plans, and other documents that demonstrate a genuine and committed relationship.

18. Can I provide non-traditional forms of evidence, such as joint travel or social media accounts, as proof of my relationship?

Yes, you can provide non-traditional forms of evidence to support your relationship. This could include joint travel documents such as flight itineraries or hotel bookings, joint memberships or subscriptions, and social media accounts showing a shared life together. However, it is always best to also provide traditional forms of evidence such as photos, letters from family members or friends, and proof of financial support.

19.Can I apply for an Australian partner visa from within the country or do I have to be outside Australia?

You can apply for an Australian partner visa both from within Australia or from outside the country. However, certain requirements may vary depending on your current location and immigration status. It is recommended to consult with a registered migration agent or the Department of Home Affairs for specific guidance on your situation.

20.What happens if my relationship ends during the processing of the visa application?

If your relationship ends during the processing of your visa application, and you were applying for a spouse or partner visa, it is likely that your visa application will be cancelled. This is because the requirement for these types of visas is that you must have a genuine and ongoing relationship at the time of the decision on your visa application.

The immigration authorities may also request further information or evidence to confirm the current status of your relationship before making a decision on your application.

If you were applying for another type of visa, such as a student or work visa, your relationship status may not affect the outcome of your application. However, if you listed your partner as a dependent on your visa application, then their eligibility may be affected.

In either case, it is important to inform the immigration authorities of any changes in your relationship so that they are aware and can make an informed decision on your application. If there has been a significant change in circumstances since submitting your application, it may be best to withdraw it and reapply at a later time when you have more clarity on your relationship status.

It is recommended to seek advice from an immigration lawyer or advisor if you find yourself in this situation to ensure that all necessary steps are taken and to explore any possible options for continuing with the visa process.