Do I have to be married to apply for a partner visa in Brisbane?

When considering a move to Brisbane, Australia, many individuals wonder about the requirements for obtaining a partner visa.

Contrary to some assumptions, you do not need to be married to apply for a partner visa. Australia offers partner visas for both married and de facto (common-law) relationships, provided specific criteria are met.

This flexibility accommodates the diverse nature of modern relationships, allowing partners to reunite and build a life together in Australia.

Understanding the Partner Visa Options

Australia provides two primary pathways for partner visas: the Subclass 820/801 for onshore applicants and the Subclass 309/100 for offshore applicants.

These visas allow the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia.

1. Spouses: For those who are legally married to their Australian partner. The marriage must be legally recognised under Australian law.
2. De Facto Partners: For partners who are in a genuine, ongoing de facto relationship for at least 12 months before the application. This period can be waived under certain circumstances, such as having a child together.

Key Requirements for a Partner Visa

Regardless of whether you are married or in a de facto relationship, you must demonstrate:

• Genuine and Continuing Relationship: Evidence that your relationship is real and ongoing. This can include joint financial commitments, social activities, living arrangements, and mutual care and support.
• Commitment: Both partners must be committed to a shared life to the exclusion of all others.
• Eligibility of the Sponsor: Your Australian partner must be eligible to sponsor you.

How a Migration Lawyer Can Help

Navigating the partner visa application process can be complex and time-consuming. A migration lawyer can provide invaluable assistance, ensuring your application is thorough, accurate, and compelling.

1. Legal Knowledge and Guidance: Migration lawyers are experienced in Australian immigration law. They stay updated with the latest legal changes and understand the nuances of visa applications. Their knowledge and experience can help identify the most suitable visa option and prepare a strong application.
2. Documentation: Gathering and presenting the necessary documentation is crucial. A migration lawyer can guide you on what evidence to provide, how to organise it, and how to present it in a way that best supports your application.
3. Legal Advice: Every relationship and situation is unique. A migration lawyer can offer personalised advice based on your specific circumstances, helping you understand any potential challenges and how to address them.
4. Communication with Authorities: Migration lawyers can communicate on your behalf with the Department of Home Affairs, ensuring that all queries and requests for additional information are handled promptly and professionally.
5. Preparation for Interviews: In some cases, applicants may be required to attend an interview. A migration lawyer can help you prepare, ensuring you understand the process and what to expect.
6. Appeals and Reviews: If your application is refused, a migration lawyer can assist with lodging an appeal or seeking a review of the decision. Their skills can be critical in navigating this complex process.

Do I have to be married to apply for a partner visa in Brisbane?

Applying for a partner visa in Brisbane does not require you to be married. Both married and de facto partners are eligible, provided they meet the necessary criteria.

Given the complexities involved in the application process, enlisting the help of a Brisbane migration lawyer like Jasmin at Morgan Clifford Legal Services can significantly enhance your chances of a successful outcome.

Jasmin’s experience, personalised advice, and support can make a world of difference, allowing you to focus on building your future together in Australia.

Call Jasmin today to get your partner visa application happening.