Frequently asked questions about the Australian partner visa application process
The Australian partner visa application process can be complex and is often a lengthy procedure that requires careful preparation and attention to detail. If you are in a relationship with an Australian citizen or permanent resident and wish to join them in Australia, you may be eligible for a partner visa.
As a migration agent, we receive many questions about the partner visa process. Here are some of the most frequently asked questions from our clients about the Australian partner visa application process. If you want to know more or could not find your questions here, feel free to contact us.
If you need assistance with your partner visa application, we can help with the complete application preparation from £550, or review your application from just £250.
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Generally, you will need to provide:
Evidence of your identity
Evidence of your relationship with your Australian spouse or partner
Meet the health and character requirements
You must be in a married or de facto relationship with an Australian citizen or permanent resident to qualify for a partner visa. You can demonstrate this by providing either a marriage certificate or if you are in a de facto relationship, evidence of your relationship for at least the last 12 months before applying. These are known as the Relationship Documents.
In addition to the Relationship Documents, you must also provide evidence to show that your relationship is genuine and ongoing. For more information, refer to the below.
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Evidence of authenticity and genuineness of a relationship will vary depending on your individual circumstances. The Department of Home Affairs will assess this criteria through the following factors. It is therefore advisable to gather your supporting documents and ensure that your submission addresses these parameters as much as possible.
The history of the relationship
The financial aspect of the relationship
The household arrangement
The social aspect of the relationship
The couple’s commitment to a long-term relationship
The quality of the supporting documents matter. For example, evidence consisting of mostly verifiable documentation such as joint household bills, assets, and invitations from friends, would be weighed more heavily than evidence that predominantly relies on photographs.
A registered migration agent can assist you in identifying the specific documents required for the visa application, depending on your circumstances, and what to include in the submission to strengthen the application.
If you need help in gathering evidence or write a submission to demonstrate the authenticity of your relationship, get in touch with us for a free initial consultation.
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At the time of writing, the published processing times are as follows:
Subclass 309/100 visa: 4 to 30 months
Subclass 820/801 visa: 6 to 37 months.
Processing times vary greatly depending on the individual circumstances, the volume of applications, the Department’s planning levels, as well as the complexity of the application.
We have seen partner visa applications recently granted earlier at 3 months, and on the other end of the spectrum, some can take years. So what is the difference between these two examples and how can you get a faster processing time for your application?
From experience, lodging a decision ready application can help in getting faster processing time for the partner visa. Here are our tips:
Know all the forms required for the application and submit with complete information
Provide all supporting documentation in full
Avoid mistakes or omissions
Respod to requests from the Department promptly
For more detailed information on each of the above, refer to our tips on how to lodge a decision-ready application.
A lack of understanding of the visa regulations and inadequate supporting documentation are two factors that are likely to lead to a long processing time, or worse yet, a visa refusal.
A registered migration agent can help ensure the application is accurate, complete and continues to meet all requirements during processing so that a decision can be made as soon as the application is picked up by a Case Officer (i.e. ensure it is decision-ready).
Open Visa Migration can prepare and submit your partner visa application from £550, or simply review your partner visa application and documents before lodgement, so you can submit with confidence, from just £250. For more information, get in touch with us.
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At the time of writing, the published Visa Application Charge (VAC) for the Partner Visa is $8,085 AUD or approximately £4,700 GBP. Additional VAC apply for each accompanying applicant. There is also likely to be expenses for the health examination, police certificates, or other documents required for the application.
The Department of Home Affairs will not issue a refund if the application was refused. It can be a costly mistake if the visa application was refused because of missing documentation or incomplete information.
To ensure you are submitting a complete partner visa application and for a smoother visa application process, a registered migration agent can help at any stage of the process.
Open Visa Migration can prepare and submit your partner visa application from £550, or simply review your partner visa application and documents before lodgement, so you can submit with confidence, from just £250. For more information, get in touch with us.
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Yes, after the partner visa Subclass 309/100 or Subclass 820/801 is granted, visa holders can work in Australia.
However, whether or not the applicant can work in Australia before the partner visa is granted will depend on a few factors such as, where they were located and what visa they held when you applied for the partner visa.
Since most partner visas can take 12 months or more to process, applicants generally also want to know whether they can join their partner in Australia and work while waiting for a decision on their visa application.
Open Visa Migration can advise you of the right strategy to minimise your time apart from your partner in Australia and your right to work. If you want to know more, get in touch with us for a free initial consultation.
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Whether or not the partner visa will be granted if the relationship ended will depend on a few factors such as:
The circumstances surrounding the end of the relationship (for example, the reason for the breakdown in the relationship, family violence, whether there are any Australian children involved, death of the sponsor)
Which stage the visa processing is at when the relationship broke down (for example, whether the provisional 309 or 820 visa has been lodged or granted)
Open Visa Migration can advise you of your options if your relationship ends before the partner visa is approved. If you want to know more, get in touch with us for a free initial consultation.
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If the partner visa application is refused, applicants can decide whether they would like to appeal the decision (if eligible) or resubmit the application.
Open Visa Migration can guide clients on the best option to proceed for those who have been refused a partner visa and provide strategic advice based on the reasons for the refusal, as well as the individual circumstances. If you want to know more, get in touch with us for a free initial consultation.
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Generally, applicants can include their dependent children on the partner visa application. Once granted, the children will receive the same visa as the main applicant.
Complexities may arise if, for example, one of the child’s legal guardians does not consent for the child to be included in the visa and travel to Australia, or if the child is over 18 years old. If any of these circumstances apply, further consideration and evidence may be required for the visa to be granted.
We have seen cases where children were not included in the partner visa application because either the applicant didn’t understand the requirements or the consequences of such a decision, resulting in unnecessary anguish due to family separation, not to mention additional cost and time to arrange a separate visa for the children if they are eligible.
Open Visa Migration can help by providing families with proper guidance on the inclusion of children in the application, especially if any of the above scenarios exist, to ensure everyone achieves the best migration outcome. If you want to know more, get in touch with us for a free initial consultation.
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Yes, after the partner visas Subclass 309/100 or Subclass 820/801, visa holders can study in Australia. Before the partner visa is granted, applicants should check the conditions on their valid visa or bridging visa, to verify if study is permitted.
Disclaimer: The information provided on this website is intended to serve as a general guide only and should not be relied upon as legal or professional advice. It is advisable to seek the guidance of a registered migration agent for tailored advice that is specific to your individual circumstances. We do not accept any liability for any reliance on the information contained on this website.