Partner visas – bringing your partner to live in Australia
If you are in a relationship with someone from another country a very important question will be whether your partner can migrate to Australia.
Australian citizens, permanent residents and some eligible New Zealand citizens can apply for their partners to migrate to Australia.
Broadly there are two categories of applications:
- Partner visas for married or de facto partners;
- Prospective marriage visas for fiancé(ees);
There are specific requirements and evidence required for each visa subclass. It is vital that the application and evidence are correctly prepared to give you the best chance of success with such an important life decision.
At North Star Law we can advise you what visa stream is most applicable to you, what the requirements are, what evidence is required and how the process works.
All partner visas require a sponsor who is either an Australian citizen, permanent resident or eligible New Zealand citizen. The sponsorship form is completed by the sponsor and lodged at the same time as the application. There are obligations on sponsors including undertaking to assist the applicant financially and with accommodation for a period of 2 years. The sponsor needs to provide evidence of their income, assets, home ownership or rental agreement and other financial criteria.
The applicant and sponsor also have to meet the relationship requirements under the legislation.
To meet the requirements for a Spouse (Provisional) Visa for a marriage or registered relationship the couple must have a valid marriage. A mutual commitment to shared life as husband and wife to the exclusion of others; have a genuine and continuing relationship and live together (or not separately) on a permanent basis.
There is also a prospective marriage visa, commonly referred to as a fiancé(e) visa. The applicant and the sponsor must be personally known to each other, speaking over the phone or internet is not sufficient. The applicant must have a genuine intention to marry the sponsor within the period of the visa and afterwards live in a genuine and continuing marital relationship. Once granted the fiancé(e) visa will permit the applicant to travel to Australia and remain for a period of nine months during which time the couple are expected to marry. Once married the visa holder may apply for a partner visa.
Applicants for partner visas must meet the health and character requirements. This may involve undertaking medical examinations, providing police checks for all countries in which they have lived and also meet the character requirements.
Your partner visa is too important to be poorly prepared!
Contact North Star Law for their assistance and expertise with your partner visa. Located on Sydney’s North Shore we are your local partner visa lawyers.