Things To Consider and Tips For Your Partner Visa Application

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March 2, 2020

It costs a LOT! But love has no boundaries.

The cost of a partnership visa application has gone considerably up in the last few years, now at almost $7,715, which is considered one of the most expensive partnership visas in the world. This is, in addition to Government fees, additional fee to pay for a partnership visa migration agent you would engage to ensure a smooth application process with high chances of success – you don’t want to invest $7,715 and not do it the right way.

 

Long processing time

While there is no annual cap to how many partner visa applications can be received every year due to the nature of the application, there is still a limit to how many applications the Department can process in any given year, so this will heavily rely on how many applications are received every year, but a wait time of up to 16- 18 months is not unexpected. Onshore applications can take a bit longer than offshore ones as there is higher volume.

 

Marriage VS De Facto

If you are in a de facto relationship, you would have to be together for at least 12 months, this doesn’t apply to married ones. However, both pathways require evidence of a genuine relationship. To waive the 12-month wait time for de-factor relationships, you would have to register your relationship at a federally recognised state or territory Department of Births, Deaths and Marriages.

 

The Evidence

The Department of Home Affairs won’t just believe your relationship is genuine because you say so, you need to provide enough proof and evidence which demonstrates your relationship is genuine and ongoing, including financial evidence, social evidence and that you have been living together and sharing life, assets, finances for quite some time. You will need to be very accurate, or simply engage a local migration agent and get the right advice. Don’t worry, photos of social and family gatherings are also considered, so nothing is ‘too much’ to share. Same-sex is perfectly acceptable – it is all about showing that you are in a genuine and ongoing relationship.

 

Long distance

It’s harder to prove long distance relationships as the partners generally don’t share much that can be proven, in which case the social element would be important than ever, such as social media posts, family gatherings, friends, Skype calls and much more. In certain cultures, especially India, Pakistan, Bangladesh it is acceptable that marriages are arranged or semi-arranged, and there is less of an emphasis on showing a wide range of relationship evidence.

 

No lies. EVER.

Lying about the information you provide can get you barred from future applications for up to 3 years, you definitely don’t want this to go wrong. If you think your application is missing or not strong enough, contact a migration agent and seek professional advice on how to bring your partner or spouse to Australia.

 

Health considerations

Each application will require a health check, including children even if they are not part of the application. Applicants that might require ongoing cost or could present a ‘burden’ to the healthcare system might have their applications refused.

This however could be counteracted by applying for a waiver, if the application was lodged when the visa applicant was onshore. in which case professional advice from a migration consultant is highly recommended.

 

Character issues

It’s expected that any partner visa applicant is of good character and good standing, which is checked through criminal records or any suspicious activity. This is to ensure that the government is not allowing access to those with a substantial criminal record or relationships with organisations that have been involved in criminal conduct.

If the applicant has served a term of imprisonment of twelve months or more, even if wholly suspended, he/she will probably have the application refused. The same applies to those with any child sex offence convictions.

 

Sponsoring, again

If the sponsoring partner or spouse has already sponsored 2 other partners to help them migrate to Australia, then he/she may no longer be able to sponsor another applicant. The same applies to those who have sponsored other applicants in the last 5 years or were sponsored as a partner themselves within the last 5 years.

There are exceptions though, such as those who have had a partner who died or abandoned the relationship.

 

Interviews

Generally, the department of home affairs doesn’t have to interview every single applicant, although some applicants are invited for a phone interview or sometimes in person, especially so in cases where there is a concern about the genuine nature of the relationship.

 

Bridging Visas

A bridging visa can be granted if an onshore partner visa application is lodged and the applicant is on a temporary visa. When the temporary visa expires, the bridging visa would then come into effect. As soon as the applicant is on a bridging visa, they can work with no restrictions.

 

Changes to circumstances

At any stage of the application or during the 2 years provisional period, any changes to the circumstances including complications, break up, divorce, separation should be immediately reported to the department of home affairs.

 

Application refused or not going as smooth as you expected?

If the application is refused, you can lodge a merit review with the AAT, within the specified time frame in order to have a third party to review the decision made by the Department. If you need assistance before, during or after a decision is made regarding your partner visa application, get in touch with AustraliaMigrate today.

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