Applying for a Partner Visa in Brisbane: Essential Tips

Applying for a partner visa in Brisbane, or anywhere in Australia, can be a complex and lengthy process.

A partner visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia.

Here are the essential things you need to know to navigate this process successfully.

Understanding the Visa Categories

Australia offers several partner visa subclasses:

1. Subclass 820/801 (Onshore)
2. Subclass 309/100 (Offshore)

The Subclass 820/801 visa is for those applying while in Australia. It is a two-stage process where the applicant applies for both a temporary visa (820) and a permanent visa (801). After two years, the permanent visa (801) can be granted after a Stage 2 assessment.

The Subclass 309/100 is similar but is for applicants outside Australia, where the temporary visa (309) precedes the permanent visa (100).

Eligibility Criteria

To be eligible for a partner visa, you must be in a genuine and continuing relationship with your sponsor, who must be an Australian citizen, permanent resident, or eligible New Zealand citizen.

You must either be married or in a de facto relationship. For de facto relationships, you need to have been together for at least 12 months unless you can demonstrate compelling reasons otherwise, or you have registered your relationship.

Documentation and Evidence

Gathering the right documentation is crucial for your application.

You will need:

• Identity Documents: Passports, birth certificates, and national IDs for both partners.
• Relationship Evidence: There are four categories of evidence that the Department of Home Affairs must legally consider:
  • Financial aspects of your relationship
  • Nature of your household
  • Social aspects of your relationship
  • Nature of your commitment to each other
• Health and Character Requirements: Medical examinations and police certificates.
• Statutory Declarations: Statements from people who can vouch for your relationship.

Each document must be correctly certified and translated into English if necessary.

The Application Process

1. Prepare Your Application: Gather all required documents and evidence.
2. Lodge Your Application: Apply online through the Department of Home Affairs website. You’ll need to pay the visa application fee, which can be substantial.
3. Medical Examinations and Biometrics: After lodging, you will be asked to undergo medical exams and provide biometric data.
4. Processing Time: This can vary. Temporary visas typically take about 21 to 24 months, while permanent visas may take an additional 12 to 24 months.
5. Bridging Visa: If you are applying onshore and your current visa expires before a decision is made, you might be granted a Bridging Visa, allowing you to stay legally in Australia while your application is processed.

Common Pitfalls and How to Avoid Them

1. Incomplete Documentation: One of the most common reasons for delays or refusals is failing to provide all necessary documents. Double-check everything before submitting.
2. Insufficient Relationship Evidence: Make sure your evidence is comprehensive and demonstrates the depth and authenticity of your relationship.
3. Not Meeting Health or Character Requirements: Ensure you undergo all necessary health checks and provide police certificates from every country you’ve lived in for 12 months or more in the past ten years.
4. Not Providing Certified Translations: If your documents are not in English, you must provide certified translations.

Legal and Professional Assistance

Given the complexity of the partner visa application, many applicants choose to hire a migration lawyer.

A migration lawyer can help ensure that your application is complete and well-presented, increasing your chances of success. Having extensive experience in this area makes a migration lawyer a huge asset to have on your side.

Visa Conditions and Rights

While on a temporary partner visa, you have the right to work and study in Australia. You can also access Medicare, Australia’s public health system.

However, your permanent visa status offers more stability and additional benefits such as eligibility for government benefits and loans.

Dealing with Refusals

If your partner visa application is refused, you have the right to appeal the decision through the Administrative Appeals Tribunal (AAT).

It’s crucial to act quickly, as there are strict time limits for lodging an appeal. Engaging an imigration lawyer is particularly beneficial if you need to appeal a refusal.

The Importance of Patience and Planning

The partner visa application process is lengthy and requires careful planning and patience. It’s important to start gathering your documentation and evidence well in advance and to be prepared for potential delays.

Keeping organised and staying informed about the latest requirements and procedures can help you navigate this process more smoothly. For the best result you will need to work with your immigration lawyer providing the information they request as thoroughly and timely as possible.

Applying for a Partner Visa in Brisbane

Applying for a partner visa in Brisbane is a significant step that requires thorough preparation and understanding of the process.

By ensuring you meet the eligibility criteria, gathering comprehensive evidence, and seeking professional help, you can enhance your chances of a successful application.

Patience and meticulous attention to detail are your best allies in this journey towards securing your future in Australia with your partner.

Your migration lawyers at Morgan Clifford are here to help you throughout the whole process.  We will explain the process, help you gather the required documents, submit your application and represent you during an appeal if necessary.  Get in touch for a consultation.