Spouse & Partner visas

 

SPOUSE & PARTNER VISAS

 

This visa is for those in committed relationships.

These visas allow you to enter or remain in Australia on the basis of your married or de-facto relationship with your partner (a) on a temporary partner visa (usually for a waiting period of approximately two (2) years from the date you applied for the visa) or (b) on a permanent partner visa if, after the waiting period (if applicable), your partner relationship still exists and you are still eligible for this visa.

This visa includes dependent children and other eligible dependent relatives.

Who is eligible for a Spouse Visa – Onshore and Offshore?

Married Applicants - Your marriage must be legal under Australian Law. If you were married in a country other than Australia and that marriage is valid in that country, generally it will be recognised as valid under Australian law.
There are some exceptions, such as same-sex, underage or polygamous marriages, which are not accepted in Australia. Same-sex couples are not eligible for this visa.

De Facto Applicants - You and your partner must have been in a de-facto relationship for the entire 12 months immediately prior to making application and you must have been living together for at least six months immediately before application.  Same sex couples can apply under this subclass and use the same criteria.

The 12-month requirement may be waived if:

1. you can demonstrate compelling and compassionate circumstances, (e.g. you and partner have children)  
2. all the following circumstances apply:
   1. your partner is, or was, the holder of a permanent humanitarian visa
   2. prior to their permanent humanitarian visa being granted, you were in a relationship with your partner that meets the requirements of a de facto relationship and
   3. the department was informed of this before the permanent humanitarian visa was granted.

Other Requirements for a Spouse Visa – Onshore and Offshore (subclass 820/801 and subclass 309/100 visa)

You must be sponsored by an eligible sponsor. An eligible sponsor is an Australian citizen or permanent resident, or an eligible New Zealand citizen, who undertakes sponsorship obligations. Usually, the sponsor is your partner and is over 18 years old.

You and your partner must show a mutual commitment to a shared life as husband and wife to the exclusion of all others. You and your partner must be living together or, if not, any separation must be only temporary. You must also have a genuine and continuing relationship with your partner.

Benefits of the Prospective Marriage Visa (subclass 300 visa) - Offshore

Spouse temporary visa (onshore and offshore visas) – permit you to enter or remain in Australia with your spouse, until a decision is made regarding your permanent visa, work in Australia, study in Australia, but you will not have access to government funding for tertiary study and Australia's medical benefits expenses and hospital care scheme, Medicare.

Spouse permanent visas (onshore) – allow you to remain permanently in Australia with your spouse, work and study in Australia, enrol in Australia's medical benefits expenses and hospital care scheme, Medicare. You may also be eligible to receive certain social security payments and apply for Australian citizenship (subject to the residency eligibility criteria)

Note: In certain circumstances you can apply to go straight to permanent residency without the two year temporary residency requirement.

 

 

 

 

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Government lodgement fees for partner visa subclasses are set to sky rocket in 2015!

The Department has announced that as of 1 January 2015, Government lodgement fees for partner visa subclasses will increase by 50%.


Provisional and permanent partner visas - currently priced at $3085 will increase to $4627.50

Prospective marriage visa - currently priced at $3085 will increase to $4627.50

Temporary and permanent partner visas - currently priced at $4575 will increase to $6865.50

Partner visa applications submitted prior to 1 January 2015 will not be impacted by the change in fees.

For additional information, contact Nevett Ford Lawyers on 03 9614 7111 or visit our website at http://nfmelbournelawyers.com.au/index.php

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Partner Visas 

If you are married to an Australian citizen, Australian permanent resident or eligible New Zealand citizen, plan to marry one, or you are in a in a relationship with one, you can apply for and obtain an Australian immigration partner visa.

The applicant must be sponsored by their Australian independent or de-facto partner aged over 18 years, and the sponsorship must be for a minimumperiod of 2 years.

General requirements for Australian partner visas are:

• The sponsorof the applicant must be an Australian permanent resident, Australian citizen, or eligible New Zealand citizen.
• Both the applicant and the sponsor must be aged over 18 years.
• The applicant must be married to or in a relationship with the sponsoring partner for at least 12 months.
• A satisfactory proof that the relationship or the marriage is genuine, e.g. that you live together, that the relationship is strong and there is mutual commitment. This happens usually by attending an interview and providing documentation including photos, joint bank statements etc.

There are 2 types of partner visa: Temporary partner visa and Permanent partner visa.

Temporary Partner Visa
If you have applied for a partner visa while outside Australia, you must be outside Australia when you receive the temporary partner visa.

If you have applied for a visa while in Australia, you must be in Australia at the time you receive the temporary partner visa.

If you have been granted a temporary partner visa, you:

• Are allowed to travel in and out of Australia until a decision about your permanent partner visa is made.
• Can work and live in Australia with your partner.

Permanent Partner Visa
If you have applied for a permanent partner visa while outside Australia, you are allowed to be in Australia or outside Australia when you receive your permanent visa.

If you have applied for permanent partner visa while in Australia, you must be in Australia when you receive your permanent visa.

In most cases, permanent residence cannot be granted prior to two years from the time you have applied. However, you can get a permanent visa without having to wait for two yearsif at the time you apply you meet certain criteria.

The waiting period (of 2 years) for permanent residence can be revoked if at the time you have applied:

• You have been together (in a relationship) with your partner for 5 years or more (as a de facto partner or married ); or
• You and your partner have been in married or in a de facto relationship for 2 years and have children.

Partner Temporary Visa and Permanent Visa (Subclass 820 and 801)
If you are onshore in Australia living with your partner in a de-facto relationship or marriage with eligible Australian Resident, Citizen or New Zealand citizen, you can apply for the Subclass 820/801 Partner Visa.

This visa will allow you to remain in Australia:

• on temporary basis (usually for a waiting period of two years from the date you applied for the visa)
• on permanent basis if, after the waiting period (if applicable), you are still in a relationship or married to your partner (the relationship exists) and you are still eligible for this visa.

Partner Temporary Visa and Permanent Visa (Subclass 309 and 100)
If you are offshore (outside Australia) and want to be with your partner in Australia, you can apply for the Subclass 309/100 Partner Visa.

This visa allows you to enter and remain in Australia living with your partner:

• on temporary basis (usually for a waiting period of two years from the date you applied for the visa)
• on permanent basis if, after the 2 years waiting period you are still in relationship/marriage with your partner and eligible for this visa.

The visa fees depend on the type of visa you apply for.

All the general visa requirements, such as health & character clearance, Australian values statement, minimum age of 18 years etc. must be met in order to lodge a visa application.

Please contact Ryan Curtis-Griffiths, Director at Nevett Ford Lawyers if you require advice and assistance - telephone: 03 9614 7111 or by email at: rcurtisgriffiths@nevettford.com.au.

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Partner Visa Australia

Partner visas

For the purposes of Australian migration, the term 'partner' means the husband, wife or de facto partner (opposite or same-sex) of the Australian sponsor (‘partner category’ includes partner and prospective marriage visa classes).

The parties in a married or de facto relationship must have a mutual commitment to a shared life together, to the exclusion of all other persons. The relationship must be genuine and continuing and the parties must live, or intend to live together on a permanent basis.

Although applying for permanent residence through a partner visa is a two stage process, only one application is required. The one application includes an application for a temporary and a permanent visa. Applicants can apply in or outside Australia.

At both stages of the process, the Department of Immigration and Border Protection (DIBP) must be satisfied that the parties are in a genuine partner relationship.

De facto partners must have been in the relationship for at least 12 months immediately before lodging their application (unless compelling circumstances exist).

While it is not common for permanent visas to be granted less than two years from the date of application, in certain limited circumstances it is possible for a visa to be granted in this time. An example of when a visa may be granted within two years is when the relationship is long-term at the time of application (long-term is defined as three years, or two years if there is a dependent child (excluding step-child) of the relationship).

Dependent family members of the applicant, such as children or lone aged relatives, may be included in the application.

Fiancés overseas – Prospective Marriage visa (subclass 300)

A person overseas who intends to marry their Australian fiancé may apply for a Prospective Marriage visa.

It is a requirement of a Prospective Marriage visa that the parties have met as adults and be known to each other in person.

Fiancés who apply successfully for a Prospective Marriage visa receive a temporary visa which is valid for nine months from the date of the visa grant. They must travel to Australia and marry their intended spouse within that period. If fiancés want to remain permanently in Australia they should then apply for a permanent visa such as a partner visa. If all legal requirements are met, partner visa applicants will be granted a temporary partner visa, followed by a permanent partner visa if the relationship is still continuing at the end of two years after lodgement of the partner visa application.

Fiancés in Australia

People already in Australiaon temporary visas are unable to extend their stay in Australia by applying for a visa as a fiancé. There is no visa category available to cover this situation.

However, if the marriage takes place during the period of authorised stay in Australia, the person may be eligible to apply in Australia for a partner visa.

Sponsorship

All applicants for partner migration, whether they apply in or outside Australia, must be sponsored by their partner (or by a parent of their partner in certain circumstances).

The sponsor must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen and be 18 years of age or older.

Limitations on sponsorship

There are limits on the number of partner visa category sponsorships a person may make and the time-frame in which they are made:

• A limit of two approved sponsorships or nominations can be made, with a minimum of five years apart.
• If the sponsor was sponsored or nominated to Australia as a partner, they must wait five years before sponsoring a partner or fiancé.
• Approved sponsorships or nominations are those which result in the applicant being granted a partner or Prospective Marriage visa.

The limitations may be waived in compelling circumstances, including:

• if the previous fiancé or partner has died or abandoned the relationship, leaving young children
• if a new relationship is formed that is long-standing or involves dependent children of the relationship.

Dependent children and sponsorship limitation

Dependent children are usually included in, and processed as part of, their parent's partner visa application. There are cases where a dependent child is not considered for the temporary (first stage) visa because they are not living with their parent.

Where a dependent child is outside Australia and their parent is in Australia and has been granted a temporary spouse, partner or interdependency visa, the child can apply for a temporary Dependent Child visa.

This visa will enable the child to travel to Australia and apply to be added to their parent's permanent visa application.

To be granted the visa, the child must be under 18 years of age or be financially dependent upon the parent in Australia. It is important to note that the child must apply for this visa before the parent's permanent visa application is decided.

Permission for dependent children under 18 years of age to migrate must be obtained from another parent or any other person with a legal responsibility for the child. Alternatively, evidence must be provided that the partner visa applicant or their sponsor has sole legal right to remove the child from the country.

Where the sponsor has a conviction or an outstanding charge for an offence against a child, if the application includes a dependent family member under 18 years of age, the sponsorship cannot be approved (except in very limited circumstances). There is also a requirement that there is no compelling reason to believe that the grant of the visa would not be in the best interests of that dependant.

In order to assess the sponsorship application and the best interests of the child requirement, sponsors of children under 18 years of age are required to submit an Australian Federal Police (AFP) National Police Check and/or foreign police certificate/s, depending on the sponsor's circumstances. If the sponsor has spent a total of 12 months or more in Australia since turning 16 years of age, the sponsor must provide an AFP National Police Check. The sponsor must also provide police certificates from each country in which they have spent a total of 12 months or more in the last 10 years since turning 16 years of age.

Please contact Ryan Curtis-Griffiths, Director, Nevett Ford Lawyers Melbourne by email: rcurtisgriffiths@nevettford.com.au or by telephone: +61 3 9614 7111 if you require any advice or assistance.

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What does it take to qualify for a DE FACTO visa?

“What does it take to qualify for a de facto visa?”

Applicants wanting to apply for an Australian Partner visa based on their ‘de facto’ relationship with their partner must provide evidence that for the period covering at least the twelve months before the visa application is lodged:

·         they had a mutual commitment to a shared life to the exclusion of all others

·         the relationship between them is genuine and continuing

·         they live together, or do not live separately and apart, on a permanent basis.

Living together

Living together is regarded as a common element in most on-going relationships and for this reason, the Australian immigration department require documentary evidence that you and your partner are living together..

What evidence is considered?

It is important that a couple claiming a de facto relationship are able to provide evidence that:

·         they have a mutual commitment to a shared life to the exclusion of all others

·         the relationship between them is genuine and continuing

·         they have been living together or have not been living separately and apart on a permanent basis.

Some of the factors to be considered in deciding whether the partners satisfy the requirement include:

·         knowledge of each other's personal circumstances

·         financial aspects of the relationship, joint financial commitments such as real estate or other assets and sharing day-to-day household expenses

·         the nature of the household, including living arrangements and joint care and responsibility for any children of the relationship

·         the social aspects of the relationship, provided in statements (statutory declarations) by friends and acquaintances

·         the nature of the commitment, including duration of the relationship, how long the couple has been living together and whether they see the relationship as a long-term one.

Please contact Ryan Curtis-Griffiths, Director, Nevett Ford Lawyers Melbourne by email: rcurtisgriffiths@nevettford.com.au or by telephone: +61 3 9614 7111 if you require any advice or assistance.

 

 

 

 

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