In our previous article on the Complete Guide on Partner Visas, we covered key information about Partner Visas in Australia. This includes:
- Key features of Partner Visa
- Evidence you need to apply for the Partner Visa
- Tips to apply for a Partner Visa
In the blog below, we are sharing answers to your frequently asked questions on the Partner Visas in Australia. If you have more questions about your case, get in touch with one of our expert and registered migration agents here: Book Consultation – QUESTRA
- Am I eligible for Partner Visa in Australia?
You may be eligible to apply for a Partner visa if you are married or in a de facto relationship with an Australian citizen, permanent resident or an eligible New Zealander.
- Can my Australian partner sponsor me?
Your Partner must be over 18 years old. Additionally, they must be an:
– Australian citizen
– Australian Permanent Resident
–Eligible New Zealand citizen
- Can I stay in Australia while waiting for my Partner Visa?
If you have applied for an onshore partner visa – Subclass 820, you can stay in the country while your case is being processed.
- Do I have to be married when applying for a Partner Visa?
You must be in a de facto or married relationship to be eligible for one of the Partner Visas in Australia. De facto relationship means you are in a committed and genuine relationship for at least 12 months. Married means that you are legally married under the Australian or a recognised overseas law.
- What proof do I need to show to apply for a Partner Visa in Australia?
You must meet certain eligibility criteria to apply for the Partner Visa. You can find the full list here (add blog link). At the most basic level, you need to show social, financial, household, and commitment proof.
- Do I need to register my relationship before applying for a Partner Visa?
We recommend registering your relationship to waive the 12-month cohabitation requirement under the de facto relationship criterion. Registration provides legal recognition as a couple under the state law and can also be used for immigration purposes in Australia. Learn more here.
- Does my partner need to meet health and character requirements?
Yes, both you and your partner must meet the health and character requirements to be eligible for the Partner Visa in Australia. This includes medical exams and police checks.
- Will I need to attend an interview when I apply for the Partner Visa?
Although it is not a requirement, some applicants may be asked to attend an interview to assess their application. The immigration officer may ask you questions about how you met your partner, relationship milestones and future plans.
- Do I need to be onshore or offshore when applying for the Partner Visa for Australia? There are different Partner Visa subclasses. If you are onshore, you will apply via Subclass 820 and if you are offshore, you will apply via Subclass 309. Other types include Prospective Marriage and New Zealand Family Relationship Visa. You can learn about all these visas in detail here. (add link for the first article).
- Can I expedite my Partner Visa application?
No, the Department processes and assesses applications in order of their lodgement. We recommend getting in touch with an agent who can submit a decision-ready application.
- When will I get my bridging visa? After you have applied for the partner visa and your current visa expires. The Bridging Visa will allow you to live and work in Australia while your visa is being processed.
- Can I sponsor my new partner if I have already sponsored one before?
You can sponsor up to two overseas partners in your life. The applications must be at least 5 years apart. You may obtain a waiver under special and limited circumstances.
- Can I include dependents from my previous marriage on my visa application?
Yes, if the dependents meet the criteria to be added as a secondary visa applicant, you can add them to your visa application.
- Will an age gap matter when applying for a partner visa?
The Department is concerned with evidence that shows your relationship to be genuine, committed, and ongoing. Therefore, an age gap does not matter when applying for a partner visa.
- What working rights will I get in the Partner Visa?
Partner Visa grants you full working, living and studying rights in Australia.
- What do I need to do if my circumstances change while I’m on my Bridging Visa for my Partner Visa?
Please notify the Department at the earliest if there are any changes in your Australian Partner Visa application.
- What are the possible reasons why a partner visa may be refused in Australia?
Possible reasons include:
– Not being able to demonstrate a genuine and ongoing relationship
– Not complying with previous visa conditions
– Failure to meet the health or character requirements.
- What can I do if my previous Partner Visa was refused?
We recommend getting in touch with a registered and experienced migration agent who can assess your case and guide you accordingly. Get in touch here.
- Can I apply for the Partner Visa if I’m on the visitor visa currently?
This depends on your visa conditions and rights. Unless specified otherwise, you may be eligible to apply for the Partner Visa.
- Can same-sex couples apply for Partner Visa in Australia?
Yes, there is no discrimination under the Australian visa program.
We understand that you may have more questions than the ones listed above. To get personalised advice on your Partner Visa application in Australia – contact our team today.
Don’t forget to read our full article on Partner Visas here if you need more information.
Disclaimer: This article is for informational purposes only and does not provide any legal or professional advice. You should seek the advice of a qualified expert before making any decisions based on this article.
Head of Migration at Questra Immigration. Managing and overseeing the growth and performance of Questra’s team of migration agents, while maintaining a client-centric and quality-driven approach.
A registered migration agent since 2015 and a member of the Migration Institute of Australia, with over 15 years’ experience in international education and 11 years in Australian Migration law.