Married, unmarried, same-sex, interdependent relationships and even those intending to get married can apply under this Partner Visa Australia category.
Australian citizens and permanent residents can sponsor permanent residency visas for their overseas partners or prospective partners. The key in getting an Australian Partner Visa is to prove the existence of a genuine and ongoing partner relationship or the intention to get married.
Regardless of any “issues in the relationship”, the Federal Court of Australia concluded that the “true and only” test for the grant of a Partner Visa Australia is whether the applicant and the sponsor “have a mutual commitment to a shared life…to the exclusion of all others”.
The courts have frowned upon attempts by the Department and the MRT to “second guess” or make “value judgments” about the reasons why the applicant and the sponsor have entered into the relationship with each other when considering a Partner Visa Australia application.
The tough part in an Australia Partner Visa application is how exactly you can prove to the department’s narrow minded case officers who decide on the application that there is a genuine relationship? What evidence, how much of it and what period of time it must span are some key considerations.
To help case officers decide, the department will look are various facets of the couple lifestyle including but not limited, to financial interdependence, mixing of finances, financial planning, social conduct, home duties, travels, how the relationship was maintained at times when the couple were separated, how others view the relationship, etc.
Gomez Lawyers are experts in preparing Australia Partner Visa applications. We lodge comprehensive Partner Visa Australia applications and will guide you with checklists for evidence gathering, help review declarations, deal with potential issues and objections, and prepare legal submissions based on court cases and laws to ensure that the case officers are properly guided in their decision.
This visa application is for people in Australia and is for people to stay in Australia with their partner, who must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. This is a 2-stage process and involves 2 visas. If two years after you are granted a temporary the relationship is still genuine and continuing, then the application is reviewed and a permanent visa may be granted.
If you are outside Australia
Partner Temporary Visa (Subclass 309) and Permanent Visa (Subclass 100)
This is for people from overseas to enter and stay in Australia with their partner, who must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. If two years after you apply the relationship is still genuine and continuing, a permanent visa may be granted.
Prospective Marriage Visa (Subclass 300)
This is for people from overseas to enter Australia, before marrying their fiancé. Their fiancé must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. Once married, holders of this visa can then apply for a Partner visa to remain permanently in Australia.
Same sex or interdependent relationship
The Australian Government has introduced changes to remove discrimination against same-sex couples and their children from Commonwealth law.
These changes extend the department’s recognition of same-sex couples and their children for migration and citizenship purposes, resulting in same-sex de facto partners having the same rights and responsibilities as opposite-sex de facto partners.
In summary the key challenges in partner visa application include the following:
- Demonstrating a genuine and ongoing partner relationship
- Preparing statutory declarations
- Providing the right type and quantity of evidence
- Meet health and character requirements
- Demonstrating 12 months cohabitation
- Expired or expiring Visas
- Health and/or Character issues requiring waivers
- Dealing with the departments queries
With expertise in Australian Migration Law ranging from visa applications to challenging the department’s decisions, Gomez Lawyers focuses on helping clients obtain and retain their Australian visa.
With extensive experience as a corporate and commercial lawyer, Jerry also has a keen interest in assisting migrants settle into Australia with the Firm’s Private Client Legal Services. Empowering our clients with a solid legal foundation as they begin life and business as Australians is the purpose of our Private Client Services. Things can and do go wrong. So we stay in touch to give accessible and supportive legal services that are effective, efficient and affordable. At Gomez Lawyers, our mission is your success.