A Complete Guide to Starting Your Australian Partner Visa Application

Applying for an Australian Partner Visa is an exciting but detailed process that requires thorough preparation and documentation. Whether you’re married or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, understanding the key requirements and ensuring your application is accurate is crucial. At Maryam Migration Lawyers, we are here to guide you every step of the way, ensuring you have everything in place for a smooth and successful visa process.

Here are some key considerations to keep in mind when starting your Australian Partner Visa application:

1. Eligibility Criteria

Before starting your Partner Visa application, it’s important to ensure that you meet the eligibility requirements:

Relationship Status: You must be legally married to, or in a de facto relationship with, an Australian citizen, permanent resident, or eligible New Zealand citizen. Typically, de facto couples must demonstrate that they have been in the relationship for at least 12 months unless there are exceptional circumstances.

Genuine and Continuing Relationship: You must prove that your relationship is genuine and ongoing. This means providing evidence that shows a commitment to sharing your lives together.

Character Requirements: Both you and your partner must meet the character requirements set by the Australian government, including having no serious criminal convictions.

2. Supporting Documentation

Compiling thorough and accurate supporting documentation is essential to demonstrate the validity of your relationship:

Relationship Evidence: Gather a wide range of evidence to prove that your relationship is genuine. This can include joint bank accounts, rental agreements, utility bills, photos together, social media posts, travel itineraries, emails, and messages.

Financial Evidence: Provide documentation that demonstrates your financial stability, such as income statements, bank account details, and any shared financial responsibilities.

Character Evidence: Consider gathering character references from friends, family members, or employers who can vouch for the integrity of your relationship.

Health and Character Certificates: You and your partner will need to obtain health and character certificates from your home country or any country where you’ve lived for a long period.

3. Visa Subclasses

Understanding which visa subclass is appropriate for your situation is essential for submitting the correct application:

Partner Visa (Subclass 820/801): This visa is for spouses or de facto partners of Australian citizens, permanent residents, or eligible New Zealand citizens who are applying while living in Australia.

Partner Visa (Subclass 309/100): This visa is for spouses or de facto partners of Australian citizens or permanent residents who are applying from outside of Australia.

4. Application Process

The application process for the Australian Partner Visa involves several steps that must be carefully followed:

Online Application: All applications must be submitted online through the Department of Home Affairs website. You will need to create an ImmiAccount to lodge your application.

Supporting Documents: Upload all necessary supporting documents, including relationship evidence, financial proof, and health and character certificates.

Biometric Information: As part of the process, you may be required to attend an appointment to provide biometric information, including fingerprints and a photograph.

5. Processing Times

Processing times for Partner Visa applications can vary depending on various factors, including the completeness of your application and current demand. It’s always recommended to check the Department of Home Affairs website for the most up-to-date information on processing times. In some cases, the wait may extend to several months, so it’s important to plan ahead and be patient.

6. Additional Costs

When applying for an Australian Partner Visa, be mindful of the associated costs:

Visa Application Fee: The visa application fee is a significant expense and must be paid when submitting your application. The current fee can be found on the Department of Home Affairs website.

Health Checks: You and your partner may be required to undergo health checks, which involve additional costs.

Translation Costs: If any of your documents are not in English, you will need to have them professionally translated, which may add to the overall costs.

7. Temporary Visa (Subclass 820/309)

If your Partner Visa application is lodged while you are already in Australia, you may be granted a Temporary Partner Visa (Subclass 820). This temporary visa allows you to live, work, and study in Australia while waiting for your permanent visa to be processed. It’s important to note that your rights under the temporary visa will be similar to those of an Australian permanent resident. If you apply from outside Australia, you may be granted subclass 309. 

8. Relationship Changes

Life is unpredictable, and sometimes relationships change during the visa application process. If your relationship breaks down while your application is being processed, it’s important to notify the Department of Home Affairs as soon as possible. While this may affect your visa application, there are exceptions in cases of family violence or if you have children with your partner.

9. Consider Using an Immigration Lawyer or a registered migration agent

Although it’s not mandatory to use an immigration agent, working with a professional can significantly simplify the application process. At Maryam Migration Lawyers, we specialize in Australian Partner Visa applications and offer personalized guidance to ensure all aspects of your application are accurate, complete, and compelling.

10. Regular Updates and Communication

Once you’ve submitted your application, it’s essential to keep track of its progress through your ImmiAccount. The Department of Home Affairs may request additional information, so be sure to respond promptly and provide any further documents required.

Applying for an Australian Partner Visa is a detailed process that requires careful attention to eligibility criteria, supporting documentation, and submission procedures. At Maryam Migration Lawyers, we take pride in our 100% success rate for Partner Visas, ensuring that couples are united and able to begin their new life together in Australia.

If you are considering applying for a Partner Visa, contact Maryam Migration Lawyers for expert guidance and support. Let us help you navigate this important step toward building a future together in Australia.