PARTNER VISAS in australia - The Process, steps and Requirements

Subclasses 820 & 801  -  Applying When in Australia
Subclasses 309 & 100 - Applying When Outside of Australia

The two streams of the Partner Visa are the 820/801 and the 309/100. The key difference being whether the application is lodged when you are in Australia or when overseas.

Australian Partner visa applications are a two-stage process with a provisional visa granted first, followed two years later by a second application for permanent residency.

This two year period is somewhat of a ‘probation’ in the event that the relationship breaks down. It is also a method of deterring people not in genuine relationships from applying.

Below we have outlined our initial steps and the requirements for a partner visa application, up to the point of submission.

Statements
We will need to take a detailed statement from both the applicant and Australian partner, which highlights the stability and genuineness of the relationship.

These statements need to ascertain and outline a number of items. As an example:

• How and when you first met
• How the relationship developed
• Your domestic arrangements, specifically how you support each other financially
• Any periods of geographic separation; when and why the separation occurred, for how long, and how you remained in contact for that period
• Your future plans (i.e. marriage).

As a start, it is best that you write a timeline of your relationship in chronological order. Once we have reviewed this, we will be able to determine what further information is likely needed. This is the information which will form the basis of your formal statement.

The Immigration Department will also strongly consider and requires submissions from family and friends. We suggest you begin to contact your close family and friends and discus with them the possibility of providing a statement regarding your relationship.

Once you have those people identified, we may get in contact with them to draft statutory declarations and provide details of what is needed going forward. Family and friends should outline their views on your relationship in general terms, however specifically outlining aspects of your relationship which show you are in an ongoing partnership “like a husband and wife” is key. We have a template to use as a guide.

A Statutory Declaration in a specific form which we will provide, needs to be completed by at least two supporting witnesses you both know. These supporting witnesses need to be Australian citizens or permanent residents.

Up to 3 separate declarations may be requested during the processing of the visa. After the application is lodged, the Department can request further comment and/or an interview in relation to the information provided.

The Relationship
One of the biggest tasks is collating the physical evidence of your relationship together.

This includes proof in the form of joint bank statements, invitations to parties/weddings sent to the both of you as a couple, photographs of you together and with family and friends throughout the entire time frame of your relationship. Also any formal documents such as bills in both names, leases/contracts and the like.

As uncomfortable as it may be, providing private emails and messages between you over the relationship (particularly during times of being apart) can be strong evidence and is recommended.

Health Requirements
Partner visa applications require you to undertake a health assessment with an approved Australian health assessor. After the application is made, the Department will provide a time frame to have this done. There are approved health assessors in numerous locations around the globe.

The Immigration Department will look at significant medical risks identified in the assessment report. For the purposes of a partner visa application, the Immigration Department assesses a significant medical condition as one that may cost the Australian public AUD$40,000 over a lifetime.  

Police Checks
Anyone who applies for a partner visa must meet the Australian character requirements. Acquiring police certificates from any country you have lived in for at least 12 months is the first step in this process.

If you have spent substantial time in countries in addition to a home country, police checks will need to be obtained in all of those jurisdictions. Federal police certificates from your home country are mandatory.

Status During Processing
Once lodged, applicants are placed on a temporary visa which allows you to stay in the country and leave an unlimited amount of times while a decision is being made.

During that time, you will also be eligible for Medicare services. You will be able to work or study, however study will not be government supported.

Costs
This is an expensive visa. The costs of preparing and lodging the initial application:

1. The Government fee alone is $7,715.00 (plus merchant fees);
2. Initial instalment fee for processing and preparation $2,000.00;
3. Balance (paid in 1 or 2 instalments) $2,200.00 - $3,200.00;
4. Plus potential out of pockets $200.00 - $600.00

Following lodgement there are other out of pocket expenses eg. the medical assessment (approx. $400.00), police clearance certificates, and if required, travel to the interview.
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At the two year period, some additional material and forms are to be provided for the purpose of confirming the ongoing status of the relationship, however, is it far less than for the first stage.

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PARTNER VISAS (820/801) TEMPORARY: 820 PERMANENT: 801

PROVISIONAL & MIGRANT PARTNER VISAS (309/100) PROVISIONAL: 309 PERMENANT: 100

​Features

​ allow the partner or spouse of an Australian citizen/PR or eligible NZ citizen to live in Australia Temporary (820 / 309) is granted first lets you stay in Aus whilst the permanent (801 / 100) is processed

​Requirements	be the spouse/de facto partner of an Aus citizen/PR or eligible NZ citizen meet the relationship and other eligibility requirements DIFFERENCE: ​ Location must be in Aus when you lodge your application and when a decision is made on the temporary Partner visa can be in or outside Australia when a decision is made on the permanent Partner visa (subclass 801)	be the spouse/de facto partner of an Aus citizen/PR or eligible NZ citizen meet the relationship and other eligibility requirements DIFFERENCE: ​Location must be outside Australia when you lodge your application AND when a decision is made on the provisional Partner visa (subclass 309) ​
​Approx. Processing times	820 Temporary – 17 to 19  months 801 Permanent – 16 to 21 months	​309 Provisional – 11 to 15 months​ 100 Permanent – 15 to 25 months