Specialists in Australian immigration

Partner Visas for Australia

Partner Visa Application for Australia

Services provided during the Coronavirus pandemic

In line with UK government instructions, all staff at Concept Australia are working from home but will continue to provide a service to our existing clients and will also be available to discuss visa options with prospective applicants making new enquiries. Reception facilities within the building are now closed and all telephone calls (020 8468 1076) are being re-routed directly to the Registered Migration Agent. If the line is busy please send an email to info@conceptoz.co.uk with details of your enquiry and we will contact you ASAP.

Introduction

Concept Australia has been successfully assisting applicants obtain a partner visa for Australia for more than 20 years.

When you contact Concept Australia, an experienced staff member will provide you with an honest appraisal of your potential eligibility to be granted a partner visa for Australia. The initial advice is provided free and without obligation as we only invite applicants to engage with us if they have a realistic chance of being granted a partner visa for Australia.

If you would like to know how we can assist you in obtaining your partner/spouse visa for Australia, please telephone Concept Australia on 020 8468 1076 or scroll down to the bottom of this page to complete and submit the confidential Australian Partner visa enquiry form to Concept Australia.

•    Am I eligible to apply for an Australian Partner visa?
•    What sub-classes of this visa type exist?
•    How can Concept Australia help me apply?
•   What services can I expect to receive from Concept Australia?
•   Why should I use a Registered Migration Agent?
•   How much does it cost to apply for a Partner visa for Australia?
•   How long will it take for my visa to be granted?
•    Contact us for an initial free confidential assessment

Am I eligible to apply for an Australian Partner visa?

To be eligible for an Australian partner visa you must be sponsored by an Australian citizen, Australian permanent resident or eligible New Zealand citizen and present evidence to show you and your partner usually reside together sharing financial and domestic responsibilities. The amount of evidence required is determined by your personal circumstances and will vary considerably depending on the duration and nature of your relationship with your partner. Concept Australia will advise you which items of evidence are relevant to your relationship and carry the most weight to be granted a partner visa for Australia.

If you and your partner have commenced living together and you do not have sufficient de-facto evidence but are planning to marry you should consider applying for a Prospective Marriage visa for Australia (subclass 300) as this visa class places more emphasis on the development of your relationship and commitment to marry.

What sub-classes of this type of visa exist?

Spouse/de-facto - visa sub-classes 100/309

If you are in a committed marital or de-facto relationship for 3 or more years with your sponsor or you and your sponsor have a child from your relationship and have been together for 2 or more years you can be granted a permanent Australian partner subclass 100 visa. If you are married or in a de-facto relationship but cannot meet the above relationship criteria you will be granted a subclass 309 (provisional) partner visa for Australia and will be eligible to apply for permanent residence 2 years after your application was submitted to the Department of Home Affairs (DHA).

Prospective Marriage visa for Australia - subclass 300

The Prospective Marriage visa for Australia, also referred to as fiancé visa, allows you to enter Australia and marry your fiancé who must be an Australian citizen or a permanent resident and is processed in 3 stages.

Stage 1

A Prospective Marriage visa is a provisional visa that remains valid for 9 months from the date the visa is granted. The marriage can take place either in or outside Australia provided you enter Australia as the holder of your Prospective Marriage visa before the marriage takes place. Note – if your plans changed and you married before your Prospective Marriage visa was granted, your application would continue to be processed under subclass 309 (spouse provisional) on production of your marriage certificate.

Stage 2

Following the marriage ceremony, you must apply in Australia for a Spouse provisional visa (subclass 820) before your Prospective Marriage visa expires.

Stage 3

You can apply for an Australian permanent partner visa - subclass 801 2 years after your provisional spouse visa application was lodged.

New Zealand Citizen Family Relationship - visa subclass 461

If you are a partner of a New Zealand Citizen who is not an eligible New Zealand Citizen, you can apply for a New Zealand Family Relationship visa - subclass 461 temporary visa. This visa allows a partner of a New Zealand Citizen who is not an eligible New Zealand Citizen to live and work in Australia for up to five years.

How can Concept Australia help me apply?

The most Frequently Asked Questions we receive from Partner applicants are:

Have I got sufficient evidence to support my relationship history?
Can I lodge my partner visa in Australia?
How many documents should I attach to the ImmiAccount?
Which documents carry the most weight?
Will photographs and travel itineraries prove our relationship is genuine?
If I am married, do I only need to submit my marriage certificate?

What services can I expect to receive from Concept Australia?

Concept Australia can offer two levels of services to people applying for a partner visa for Australia

Full case management

We will manage the entire Australian partner visa process on your behalf which includes:

•   Creating an ImmiAccount on your behalf
•   Completing the visa application and sponsorship forms
•   Identifying which relationship documents are needed to support the application
•   Submitting your application and sponsorship forms
•   Attaching all relevant documents to the ImmiAccount
•   Dealing directly with the DHA case officer
•   Issuing health and character checks at the appropriate time
•   Being available to answer any questions during the visa process

Reviewing your Australian partner visa application

If you have already prepared your own partner visa application but would like to be reassured that everything is in order, we can:

•   Confirm that you and your sponsor fulfil DHA partner criteria
•   Check your application and sponsorship forms have been completed correctly
•    Review the content of your relationship and witness statements
•    Ensure that your application is supported with relevant relationship evidence
•    Advise you when to undergo health and character checks

Why should I only use an agent registered with MARA?

The Office of the Migration Agents Registration Authority (OMARA) is managed by the DHA who is responsible for monitoring the conduct of registered migration agents both in and outside Australia. MARA approves continuing professional development activities of all registered agents to ensure they maintain up-to-date knowledge of migration law and procedure so that only the highest level of advice and assistance is provided to prospective applicants.

The DHA strongly advise that if you need assistance with the visa process that you should only appoint an agent who is registered with the MARA. A person who is not registered cannot offer you legal protection and you run the risk of being exposed to migration fraud by someone who has limited knowledge on immigration procedures and who is not accountable for his/her actions.

How much does it cost to apply for a Partner visa for Australia?

The overall cost of applying for a partner visa for Australia is expensive and therefore it is essential that your application is supported by relevant personal and relationship documents to achieve a successful outcome. Failure to comply with migration regulations or to act promptly to case officers’ instructions may lead to your application being refused and the loss of your application fee.

Fees Charged by Concept Australia

In accordance with OMARA regulations we will only encourage you to proceed with a partner visa application for Australia once we have fully assessed your relationship history and established you can meet health and character requirements and that your partner can fulfil sponsorship criteria.

Our fees are confirmed in writing and charged on engagement of our services and at the time your application is submitted to the DHA and are structured in accordance with the services you require:

• To manage the entire partner visa process until your application is decided - £995
• To review your application and documents before submitting to the DHA - £395

Fees you will have to pay to the DHA, Medical examiner and police authorities

•   DHA Visa Application Charge – $7,715
•   Panel Doctor for a medical, x-ray and blood test – approximately £310:00
•   UK police report - £45:00
•   Australian Federal Police Report - $42:00

How long will it take for my Partner visa to be granted?

Decision ready applications processed at Australia House in London are likely to be shorter than the global times published on the DHA website with an average application decided in 11 - 12 months. Applications which have not been completed correctly or supported with all relevant documents will take longer if DHA case officers need to request additional documents or need to verify information.

If you would like to know how we can assist you in obtaining a Partner visa for Australia, please complete the Enquiry form below and submit your details to Concept Australia or send an email to info@conceptoz.co.uk or telephone us on 020 8468 1076.

> Make an Enquiry

What visa options are there?

Choose the best option for you:

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Skilled Visas

Expression of Interest

Parent Visas

Partner Visas

Business Visas

Resident Return Visas

Other visas

TSS 482 Visas

Temporary 400 & 408 Visas

Visitor Visas

FAQ's

How long will it take to process my Partner application at Australia House, London?

Currently, the Partner processing timetable for applications being processed at Australia House in London is significantly quicker than applications lodged in Australia with most applications being decided in approximately 9 months. The key to streamlining the processing timetable is dependent on applications being presented with all relevant documents to enable the case officer at the Department of Home Affairs to make a decision.

Can my application be processed sooner?

Applications are processed in the order they are received and there is little scope to process applications earlier. It should be noted that as a general policy, circumstances such as employment in Australia; schooling for children, pregnancy; selling your house; or separation from your partner are not considered compelling or compassionate.

Can I travel to Australia while my application is being processed?

You may apply for other visas while your application is being processed. Please note that if you are outside Australia when your application is lodged, you must also be outside Australia when your visa is granted. Concept Australia will advise you when to make arrangements to depart Australia which should be for a minimum of 5 working days.

Do I have to travel to Australia by a certain date?

The Department of Home Affairs has revised its policy and applicants must have valid health and character checks at the time their case is decided and will have 12 months to travel and validate their visa from the date of grant.

Can my child from my previous relationship migrate with me?

The Department of Home Affairs will seek to ensure that allowing a child to migrate is not in contravention of Australia’s international obligations in relation to the prevention of child abduction. If your application includes a child aged under 18 years and the non-migrating parent has the legal right to determine where the child can live, that parent will need to provide a statutory declaration giving permission for the child to migrate. Alternatively, you can provide a certified copy of a valid court order showing that you have the legal right to remove your child from their home.

Should I register my child as an Australian Citizen?

Children born overseas and whose parent is an Australian citizen are eligible to apply for Australian citizenship by descent. If, however, you became an Australian citizen by descent, you must have been present in Australia for periods totaling two years at some time in your life in order for your child to apply for citizenship.

If your child is granted Australian citizenship by descent he/she should apply for an Australian passport. The benefit of travelling to Australia on an Australian passport will mean that your child will not be applying to migrate and will not require health checks.

Concept Australia provides advice and assistance on citizenship requirements and offers a reduced fee for partner clients wishing to register their children as Australian citizens.

Can I undergo health checks before I lodge my application?

Your radiological and medical examination must be carried out by an approved panel doctor who will need you to provide a HAP identity number when making the appointment. You will be advised of your number at the time instructions are issued by the case officer. Once your application has been submitted to the Department of Home Affairs, it is possible to access your HAP ID and undergo health checks in advance of your application being allocated to a case officer, however, we have been advised by Australia House to wait until processing commences.

What evidence do I need to provide in support of my relationship?

The Department of Home Affairs (DHA) requires both the applicant and sponsor to present evidence that they have a commitment to a shared life to the exclusion of others. This is normally demonstrated by sharing a common residence and evidencing a level of mutual support and co-operation throughout the history of your relationship. Emphasis is placed on presenting evidence on the financial aspects of the relationship, the nature of the household, the social context of the relationship and the nature of commitment to each other.

The amount of evidence you provide will be determined by your personal circumstances and will vary considerably depending on the duration of the relationship. Many applicants present far too many documents and waste time, energy and money gathering evidence which will be discarded by DHA case officers. Concept Australia will assess the history of your relationship and advise you which documents carry more weight.

What are the benefits of using a MARA registered migration agent?

The decision to engage a migration agent is a personal choice which will depend on the complexity of your visa application and whether you are confident that you have fully understood all the rules and regulations which will be applied to your case.

If you do need assistance with the visa process, the Department of Home Affairs (DHA) strongly recommend that you appoint an agent who is registered with the Migration Agents Registration Authority (MARA). A registered migration agent must satisfy a strict code of conduct and:

maintain current knowledge of migration law and procedure
keep a professional library with direct access to migration regulations via Legend
undertake continuous professional development in order to maintain knowledge of migration regulations and policy

An agent who is not registered with MARA cannot offer you any legal protection and is not accountable for his/her actions and therefore might:

make false claims about your chances of success
give you incorrect advice
have limited knowledge about current Australian visa legislation and procedures
increase your risk of being exposed to migration fraud
charge fees which are unreasonable and excessive.

What is an eligible New Zealand citizen?

An eligible New Zealand citizen is a New Zealand citizen who was living in Australia on 26 February 2001 for at least one year in the 2 years immediately before 26 February 2001.

What if I marry my fiance(e) before my Prospective Marriage visa is granted?

If you marry your fiancé(e) before you are granted a Prospective Marriage visa, you can change your application to that of a Partner visa at no extra charge. To do this you must provide your marriage certificate and notify the Department of Home Affairs that you wish to withdraw your application for a Prospective Marriage visa and change your application to that of a Partner visa. A case officer may also request additional documents to support your relationship history.

Can I still apply for a de-facto visa if I am not living with my partner?

Although living together is regarded as a common element in most on-going relationships, it is recognised that, for various reasons, couples may sometimes have to live apart. Provided the separation is temporary and since the relationship commenced you can provide evidence that you had at some point resided together, you may still be able to satisfy the requirements of a de-facto relationship.

In this situation you do not need to prove that you have resided together for 12 months but you will need to demonstrate that you have been in a de-facto relationship for that period. The case officer at the Department of Home Affairs will require you to show that you are not living separately and apart on a permanent basis and you may be requested to provide additional evidence of communications and/or financial support during any period of separation.

Can I apply for a Partner visa if I only recently married?

To be eligible for a partner visa, it is not sufficient for you to simply show that you are married. You must also demonstrate that your relationship with your spouse is genuine, continuing and mutually exclusive. If you fail to demonstrate that you are in such a relationship you may be a refused a visa regardless of whether you are married.

If for example you married your partner within a month or two of the relationship commencing and then applied for a visa, you can expect your application to come under close scrutiny. If, however, your relationship developed over a period of time and you can present evidence which dates back to when you first met leading to your engagement and subsequent marriage, your application is likely to receive favourable consideration.

Partner Enquiry Form

If you are considering applying for a Partner visa for Australia, please complete all questions and ensure you provide your full address or post code. The information you provide will be treated in confidence and will not be stored onto a data-base or distributed to third parties.

Name
Post Code
Date of Birth (dd/mm/yyyy)

Email address Contact No.

Please advise whether your partner is an Australian citizen, permanent resident or eligible New Zealand Citizen. An eligible New Zealand citizen is a New Zealand citizen who was living in Australia on 26 February 2001 or for at least one year in the two years immediately before 26 February 2001.If you are married, please advise the date you were marriedIf you are in a de-facto relationship, please advise the date you commenced co-habitating with your partnerIf you are engaged to be married, please advise the date and place of your intended marriagePlease advise if you have been married beforePlease advise whether you have any dependent children from previous relationships who intend to migrate with youPlease advise whether you have any dependent children from previous relationships who do not intend to migrate with youPlease advise if you have any children from your current relationship and whether they have been registered as an Australian citizen and obtained an Australian passport

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What our clients are saying

You have been so helpful with our application and I do thank you greatly. If you would like me to complete a review/reference or something for your company’s website I would be happy to as we have been extremely happy with your service.

Jane, I just wanted to thank you. My Dad was in a state of disbelief when I told him his visa had been granted. My brother had only just advised him that he probably would not be granted his visa in time and therefore we are all delighted with the outcome.