There are three general types of Partner visas that allow Australian citizens, permanent residents or eligible New Zealand citizens to sponsor a spouse, fiance, or de facto partner to migrate to Australia for permanent residency
Partner visas are typically issued in two steps – first, a temporary or provisional visa is granted to the partner which has a duration of 2 years. Near the end of that period, DIBP will issue a permanent resident visa if it is satisfied that the relationship still meets the requirements for the visa. In some cases where children are involved or the relationship can be established to be long-term, the partner will be issued the permanent resident visa first, without the need for the provisional visa and the 2 year waiting period.
Two other important aspects to consider with Partner Visas are whether there are any serious health issues or past character issues (such as convictions) which could prevent the partner visa from being granted. Health waivers are available in some cases, and we can work with you to determine if a health waiver is necessary and put together the supporting documentation and submission package to request this.
Partner Visas and Domestic Violence
Australian visa law has special considerations for situations where a sponsored partner becomes the victim of domestic abuse. In many cases, the abuse victim is able to proceed to permanent residency in Australia even if the Australian sponsoring partner is no longer in the relationship due to established concerns or evidence of domestic violence.
If you are in this situation, we can help you understand and work with the special provisions of the Australian visa laws that are intended to benefit victims of domestic abuse who are married to Australians but have not completed the path to permanent residence. As always, all information given to us is held in the strictest confidence.
These visas allow an Australian citizen or permanent resident who is married to sponsor his or her spouse for permanent residency in Australia. For married couples, one of the key issues with obtaining this type of visa is establishing to the satisfaction of the Department of Immigration and Citizenship (DIAC) that the marriage is genuine. We can work with you to create a submission package to accompany your visa application that will provide the strongest support for your spouse visa
A De Facto relationship is a long term relationship between two people not related to each other who are not married, but live in a similar manner as married people do, and have a mutually exclusive relationship with each other. The two people can be of the same sex or of different sexes. For de facto relationships, DIAC requires that there be at least 12 months of cohabitation (living together), and an important aspect of this type of visa is providing strong documentation, pictures, and other items to demonstrate that the relationship is sincere, genuine and ongoing. As with the spouse visa, we will work with you to create a strong and compelling documentation and submission package to accompany your visa application in order to minimize any issues with DIAC regarding your relationship.
The Prospective Marriage (Fiance) visa is a temporary visa that allows an applicant who is outside Australia to travel to Australia to marry their partner. The visa has a strictly limited duration of 9 months, and must be issued to the applicant outside Australia. Once the applicant comes to Australia and marries, the couple can then apply for a Partner (Spouse) visa in Australia, and the applicant will be granted a Bridging Visa to allow him or her to remain in Australia until the Partner visa process is complete.
If a visa applicant comes to Australia on a Prospective Marriage visa and for whatever reason no longer remains in a relationship with the Australian sponsor, there are provisions by which the visa applicant may change sponsors to a different sponsor should the applicant choose to do so.
To start the process of your migration to Australia and see if you qualify for this visa or other visas, schedule your private consultation with migration lawyer Mark Northam today by Skype, phone, or at our offices in Sydney.