Partner Visas for Australia

Partner Visa Application for Australia

Introduction

Concept Australia has been successfully assisting partner applicants 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 visa for Australia.

If you would like to know how we can assist you in obtaining your partner/spouse visa, please telephone your nearest Concept Australia office (London 020 8468 1076) or (Manchester 0161 669 5836) or scroll down to the bottom of this page to complete and submit the confidential 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 a 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. Concept Australia will advise you which items of evidence are relevant to your relationship and carry the most weight.

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 (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 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) visa for Australia and will be eligible to apply for permanent residence (subclass 801) 2 years after your application was submitted to the DHA.

Prospective Marriage - visa subclass 300

The Prospective Marriage visa, 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 a permanent subclass 801 visa  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:

  1. Have I got sufficient evidence to support my relationship history?
  2. Should I lodge my application outside or inside Australia?
  3. How many documents should I attach to the ImmiAccount?
  4. Which documents carry the most weight?
  5. Will photographs and travel itineraries prove our relationship is genuine?
  6. If I am married, do I only need to submit my marriage certificate?

For peace of mind we will ensure that you application is supported  with the right balance of relationship documents to satisfy visa migration regulations.

What services can I expect to receive from Concept Australia?

Full case management

If you prefer to appoint Concept Australia to manage the entire visa process on your behalf, you will benefit from an initial consultation with an experienced member of staff who will explain everything you need to know about the visa process. You will then be assigned a dedicated staff member responsible for managing partner visa applications who will Issue a document checklist for you to provide everything we need to manage you visa application. This 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 Department of Home Affairs case officer
•    Issuing health and character checks at the appropriate time
•    Being available to answer any questions during the visa process

Acting as your Mentor

If you are taking responsibility for preparing, submitting and managing your own partner visa application but have questions which you have not been able to find answers to, we can guide you through the visa process. This may include for example advice on:

•    Completing your application and sponsorship forms
•    The structure and content of your relationship statements
•    The level of documents required to evidence your relationship history
•    Character and health issues
•    Who can act as witness to your relationship and who can witness their signatures
•    How to name your documents and attach them to your ImmiAccount
•    Removing a child from a previous relationship from the jurisdiction of the UK
•    The difference between lodging your application offshore or onshore in Australia

Reviewing your Australian partner visa application

If you have reached the stage where you are ready to submit your partner visa application but would like a registered migration agent to undertake a thorough check of everything you have prepared, we can:

•    Check your application form to ensure all questions have been completed accurately
•    Confirm that you have assembled relevant documents to support your application
•    Advise you whether your documents have been named correctly
•    Inform you when to undergo health and character checks
•    Discuss with you the processing timetable

Why should I use a Registered Migration Agent?

The Office of the Migration Agents Registration Authority (OMARA) strictly monitor the code of conduct of registered migration agents in Australia and overseas to ensure they meet professional standards, follow the code of conduct and maintain up-to-date knowledge of migration law and procedure. The DHA therefore strongly advise that if you need assistance with the visa process, you appoint an agent registered with OMARA to represent you. A person who is not registered with OMARA 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.

Grahame Igglesden is a registered migration agent (MARN 9901024) and also represents the Migration Institute of Australia in the UK and Europe (MIA 3166). All of the staff within Concept Australia have previously worked for the DHA and are accountable for the advice and information provided to its clients through a strict code of conduct.

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 to submit an accurate application 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 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

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 - £895
•    To act as your Mentor if you are managing your own partner visa application - £595
•    To review your application and documents before submitting to the DHA - £395

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

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

Contact us for an initial free confidential assessment

If you would like to know how we can assist you in obtaining your partner/spouse visa, please telephone your nearest Concept Australia office (London 020 8468 1076) or (Manchester 0161 669 5836) or complete the Enquiry form below and submit your details to Concept Australia.

 

 

> Make an Enquiry

What visa options are there?

Choose the best option for you:

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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.





 

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