Tips for a Successful Partner Visa

July 8, 2021

Tips for a Successful Partner Visa

Are you looking to apply for a Partner Visa either for yourself or your partner? Sometimes knowing what documents to add as a part of your application can be tricky due to the intricate nature of this application. Therefore below are a few recommendations regarding what you can add to your application and make a compelling case for your partner and yourself.

Before you start anything, the first thing you need to do is talk and discuss extensively with your partner. Remember that if you are trying to prove your relationship to the immigration officer then both the partners need to be in sync within themselves first. Discuss each other’s immigration, criminal and medical history so that you are not caught off guard by the revelation of any information; which could potentially impact your application, and in some cases your relationship.
Just so that you can prove your relationship is indeed legit and your application is not getting delayed, start developing a timeline from early on. This will help you keep track of all the important events in your life and allow you to paint a consistent picture of your relationship. Be prepared to answer questions related to the time you first met, the story behind it, the timeframe of when your relationship transitioned and progressed into a more serious stage, the proposal story (if there’s any), etc.
Make sure you have a record of all the documents, such as joint lease agreements, wills, joint bank accounts, shared household accounts, i.e.utility bills, etc. The best way to record the documents is to always make a copy of the original and to also have the digital scanned copies of the documents.
It is important for you to note that when you are trying to prove your relationship with papers to obtain the Partner visa, only providing a Marriage Certificate is not sufficient. This further stresses the importance of having a clear record of other documents as well.
If you are applying for a partner visa for a 12- months de facto partner, then the above steps will be particularly crucial for you. Since, regardless of when your relationship actually commenced, you are only eligible to apply for this visa only after 12 months of having your shared documents. For example, if you have a joint lease with your partner, then you are eligible to apply for the partner visa 12 months after you have had the signed joint lease agreement.
Remember that the immigration officers no longer conduct interviews in person. Therefore, your relationship history statement allows you to provide more details about your relationship. This is your chance to talk about all the important and intimate details such as how you met, your feelings towards the other person and most importantly how you plan your future with the other person.
Although, it is recommended that you provide as many documents as possible to prove the legitimacy of your relationship, however, it’s not a mandatory requirement. If you rather not share personal details such as your photographs, any other documents that may reveal any intimate details then do not share them. Being said that, even if you are okay sharing, do know that you don’t have to share any personal and uncensored text messages, pictures or recordings.
Generally, the processing time for a partner visa can be quite lengthy, therefore, it’s advised that instead of you rushing for police clearance or getting the medical check up done, you rather wait for a clear indication asking for that. That’s because the clearances only have a validity of 12 months, so it’s recommended that you get the clearances when the application has been processed that far and is requesting for those documents.
Although it has not been applied yet, as per 2020-21 Budget, to increase economic participation an English language requirement has been introduced for the applicants. This means, whenever that requirement is mandated, the applicants must meet the minimum language requirements before being granted the visa.
Finally, it is important to know that a Partner Visa application can be costly. It costs a minimum of AUD7,715, and other costs may add up when certain documents and clearances are requested.
If you are applying for the partner visa while in Australia, then you need to apply for Subclass 820 (provisional visa) and Subclass 801 (permanent visa). As the outcome for Subclass 801 is determined you can legally stay and work in Australia under the Subclass 820 (provisional visa).
However, if you are outside of Australia, you need to apply for Subclass 309 (Provisional visa) and Subclass 100 (Migrant visa). Similar to the previous visa classes, the Subclass 309 allows you to legally stay and work in Australia while the outcome for Subclass 100 gets processed.

While you are applying for the Partner Visa, it is important to keep in mind that the immigration laws are forever changing and the documents required may also vary from case to case. Therefore, before you apply for this visa, it is recommended that you carefully read about the requirements, seek legal advice from an immigration lawyer and then get yourself in this process.

At Path Migration we have a team of immigration lawyers who are experts in this field. Therefore, if you would like to seek legal advice or consultation on what is best for your partner and yourself, then do not hesitate to contact us.

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