Every year many couples with foreign partners apply for the popular Partner Visa.Whilst the process seems simple at first sight, the lengthy process, paperwork and cost can place a lot of pressure on individuals if they are unsure what to expect. Minor errors or inadequacy of documents could lead to possible rejection without refund or significant delays in granting the Visa. To avoid any avoidable mistakes, you need to be well-informed about the process.
Here are some little known facts and we are also touching significant changes to the Partner Visa in the near future.
It is expensive
The Australian Partner Visa is one of the most expensive Visas, with a rough estimate of AUD 7,000 application fee. In addition, we also need to factor in the costs for medical examination, police checks and Migration agent, which ranges between AUD 3,000 to 5,000. The application fee had increased significantly from last three to four years.
Types of Partner Visa
There are the two ways to obtain the Partner Visa: de facto or married. The former, de facto, is eligible if you and your partner lived to together for over 12 months. There is no intent for marriage required for this stream of Partner Visa. If you are married, you need not have lived together at the point of applying for the Visa. In both instances, you require evidence of genuine and on-going relationship.
Importance of evidence
Many believe proving a relationship is easy now a days thanks to social media and shutterbugs. As there are many false applications, Department of Home Affairs scrutinise every detail. If there are any question marks, there is a tendency for the application to be rejected. It is important to share financial evidence, co-habitation evidence and social evidence. This includes, joint bills, assets co-owned, joint bank accounts with consistent activity.
Speaking of consistency, you need address any inconsistency in your relationship. For example, your case officer will cross-check your statements against social media. If you have been consistently posting your relationship on social media and stopped, explain the reason for the hiatus.
It is difficult to prove a relationship where you haven’t lived together, especially long-distance relationship. In these instances, you will require statements from friends and family who are Citizens or Permanent Residents of Australia reflecting their knowledge of and vouching for the relationship. The key is to make the statements detailed and consistent to your cover letter and other evidence like social media posts. In addition, photographs (don’t submit albums!), social media posts and joint travel stamps will serve as evidence.
When your application is being processed the Visa officer consider the below four aspects of the relationship.
- Nature of household
- Financial aspect of the relationship
- Social aspect of the relationship
- Nature of commitment to each other
You can access the below document to understand what each refers to. Having substantial evidence for each of these will help strengthen your application to prove genuinity of the relationship.
Any documents attached as a part of your application must be clear, complete and less than 5 MB in size. If it doesn’t meet the requirements, processing of the application maybe delayed.
Apply what you learnt at school, honesty is the best policy. It is important even minor offences and inconsistencies in your relationship are disclosed. If it comes to light any information is false or incomplete, it could lead to rejection or worse you may be barred from applying for the visa for a several years. Especially ensure the Information represented on Form 80 – Character Assessment is accurate.
All relationships undergo difficulties, some applicants state these on their statements. Be sure not to paint a picture that you are about to break-up.
Take health checks seriously
All applicants, referring to spouse and children, are required to take a health check. The Australian authorities take this very seriously as they are concerned for the well-being of the Australian community and also possible burdens on the Australian healthcare system. Even if the children are not planning to move to Australia, it is required for them to undergo a health check as they may return to Australia in the next few years.
Longer processing time
Currently, there is a wait time of 12 to 18 month wait time for Partner Visa. The main reason for this is because the Department of Immigration limit the number of applications processed within an year, but there is double the number of applicants pending results. You need to be mindful that some documents such as Medical assessment and police checks may expire within this processing time. You will be required to provide these documents once again. Further, on shore applications take longer than off shore and prospective marriage visa.
Prospective changes to legislation
In December 2018, a new Migration Amendment (Family Violence and Other Measures) Bill was passed through Parliament. As per the amendment, the sponsor (partner who is an Australian Permanent Resident or Citizen) must lodge a sponsorship application and have it approved prior to applying for the partner visa. The processing time for the sponsorship application could take up to 12 months. It is still unclear as to when this will commence.
If you have any question in relation to your Partner Visa process, write to us at email@example.com