If you are an Australian citizen or permanent resident in a relationship with a British nurse and wish to bring her/him to Australia to live with you permanently, you have several visa options. One of the most common options for this situation is the Partner visa. Here’s a general outline of the process and some key information:

Partner Visa (Subclass 820/801 or Subclass 309/100)

The Partner visa allows you to sponsor your British partner to live in Australia with you as a permanent resident. It is intended for individuals who are in a genuine, committed, and ongoing relationship. There are two stages to this visa:

  • Temporary Partner visa (Subclass 820/309): This is the initial stage and allows your partner to live in Australia for a specified period. It’s typically a two-year provisional visa.
  • Permanent Partner visa (Subclass 801/100): After holding the temporary visa and meeting the necessary requirements, your partner can then apply for permanent residency.

Eligibility Criteria: To be eligible for a Partner visa, you must prove that your relationship is genuine and continuing. You need to provide evidence of shared finances, cohabitation, social aspects of your relationship, and commitment to a shared future.

Financial Commitment: As the sponsor, you’ll be required to provide an assurance of support, which means you need to demonstrate your ability to support your partner financially and ensure they won’t need to rely on government support.

Application Process: The application process can be complex, involving several forms, supporting documents, and fees. You can apply online through the Australian Department of Home Affairs website or by submitting a paper application.

Seek Professional Advice: It’s highly recommended to seek professional advice from an immigration lawyer to ensure your application is prepared correctly and to navigate any potential complications.  This also increases your chances of a successful application.

Timelines and Waiting Periods: Processing times can vary, but it’s important to be patient as the process can take several months, if not longer. Temporary Partner visa holders must wait for two years before they can apply for the permanent visa.

Documenting Your Relationship: Gather as much evidence as possible to demonstrate the authenticity of your relationship. This can include joint bank accounts, shared bills, photographs, travel records, and statements from family and friends supporting the legitimacy of your relationship.

It’s crucial to remember that immigration laws and requirements may change over time, so staying informed and consulting with professionals is key to a successful visa application.

At Morgan Clifford, we have migration lawyers with extensive experience in navigating the complexities of visa applications.  Contact us today to see how we can help you successfully apply for a partner visa.

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