Partner visas provide an opportunity for individuals who are spouses or de facto partners of Australian citizens or permanent residents to migrate to Australia.
A partner visa can be applied for either onshore (subclass 820 and 801) or offshore (subclass 309 and 100). An onshore application occurs when the visa applicant is in Australia at the time of visa application lodgement, whereas for an offshore application the visa applicant is in their home country at the time of lodgement.
An onshore application is generally preferred because the applicant is granted a bridging visa to remain in Australia while the partner visa application is being processed. An offshore applicant does not receive a bridging visa. An offshore applicant remains in their home country during the processing of the visa application although they can apply for visitor visas to visit their spouse or partner in Australia.
The processing time for a partner visa application currently ranges from 13 to 26 months. Historically, offshore partner visa applications required a longer processing period; however, there is now minimal difference between the processing times for onshore and offshore applications.
Applying for a partner visa, whether onshore or offshore, involves two stages, commonly known as first stage partner visa application and second stage partner visa application. The first stage visa is a temporary visa. An offshore applicant can enter Australia once the first stage partner visa is granted. A first stage partner visa allows the visa holder to stay in Australia until the second stage permanent visa is finalised or withdrawn.
First stage partner visa holders will be eligible to apply for the second stage visa two years after lodging the first stage partner visa application. In rare cases, the Department can decide to dispense with the 2-year waiting period and grant both stages simultaneously, for instance, if the relationship is long-term and the individuals are elderly.
The requirements for proving a relationship in a partner visa application are set out in the Migration Regulations 1.09A and 1.15A. These requirements are commonly known as the four pillars: the financial aspects of the relationship, the nature of the household, the social aspects of the relationship, and the nature of the persons’ commitment to each other.
Applicants often struggle with determining which documents are appropriate to submit to address the four pillars. Should they submit everything, including countless photographs and holiday and wedding videos? Should they include all bank statements? The process of gathering these documents can be overwhelming, and determining the required details can be challenging. For offshore visa applicants, this task is exacerbated by the separation between the parties. How do offshore applicants demonstrate the nature of the household when they reside in different countries? What documents can they provide to prove the financial aspects of relationship, because it is not feasible to open a joint bank account in the visa applicant’s home country if the Australian sponsor holds a visitor visa.
Overall, preparing and submitting a decision ready partner visa application can be a complex process. Migration law is intricate and changes frequently. For help navigating your path to permanent residency, feel free to reach out to our migration lawyers.
