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Partner Visas

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Australia partner visas are for married spouses, de facto partners, and prospective spouses (fiancés). As a result of the Same-sex Relationships (Equal Treatment in Commonwealth Laws - General Law Reform) Act 2008, same-sex partners can apply for partner visas. Prior to 1 July 2009 same-sex relationships were provided for through the interdependent visas sub-classes 310, 110 and 826, 814. MARRIAGES MUST BE VALID UNDER AUSTRALIAN LAW!
Assessment of Partner Visas!

The critical issue for all (married or de facto) partner visas is the assessment as to the “genuineness” of the relationship i.e. is it a genuine relationship or is it one that is contrived for migration purposes.

Spouse and De Facto Partner Visas (Subclass 309/100 & 820/801)

  1. Partner Temporary (Class UK); Partner Provisional (Class UF);
  2. Partner Residence (Class BS); Partner Migrant (Class BC)

Prospective Marriage Temporary (Class TO) Visa Subclass (300) This visa, commonly known as the fiancé visa, is for persons wishing to come to Australia to marry their sponsor, who must be an Australian citizen, Australian permanent resident, or eligible NZ citizen. One of the requirements for the prospective marriage visa is that there must be no legal impediment to the marriage under Australian law. This is a requirement at time of decision rather than at time of application. It is possible for someone who is still legally married (but, for example, has applied for divorce, which is likely to become absolute soon) to sponsor, or be sponsored, as a fiancé(e) under this visa, providing both parties will have become free to marry at time of decision. The prospective marriage visa will be valid for 9 months upon grant. Prior to grant, the overseas post will usually require the applicant to produce a letter from a marriage celebrant detailing the arrangements, including dates, for the intended marriage and confirmation that Notice of Intended Marriage has been lodged with the relevant government department. The applicant must then enter Australia, marry their sponsor and apply for the spouse (820/801) visa all within this nine-month period.

Partner (309/100 & 820/801) Visas: The Partner visa is a two stage process (temporary and permanent), and an applicant applies for both visas using one application form and paying only one application fee. The applicant must be sponsored by his/her respective spouse or de facto partner, who must be an Australian citizen, Australian permanent resident or eligible NZ citizen. If either party to the marriage is domiciled in Australia, both parties must have turned 18 at time of the marriage for it to be valid under Australian law, unless they marry under a court order. If the sponsor is under 18, then the sponsor’s parent or guardian may act as sponsor on behalf of the Australian spouse, providing the parent or guardian is an Australian citizen, Australian permanent resident or eligible NZ citizen.

Application Fee: From AUD 8,850.00 for most applicants. From AUD 1,475 for Prospective Marriage visa (subclass 300) holders.  

Reasons Why Partner Visas Can Be Refused

Few common reason of Australia Partner Visa refusals includes (but not limited to):
  • Relationship is not genuine in the eyes of immigration,
  • Failed to properly respond to the requests of the case officer,
  • Poor performance during the interview process,
  • Providing fraudulent or bogus documents or information,
  • Failed to meet the health requirements,
  • Failed to meet the Character requirements,
  • Failed to meet Schedule 3 criteria.

    • Failure to meet Schedule 3 criteria of the Partner Visa.
    If you are lodging your partner visa application onshore and you’re unlawful or hold a bridging visa, you must meet Schedule 3 criteria. This can be waived in limited circumstances if an applicant has genuine reasons for having his/her current visa status. If the applicants do not satisfy this requirement, they may get a refusal.

    Failure to meet Character test
    For your partner visa to be granted, you must pass the character test. Failure to meet any of the given requirements will you a refusal. Factors that can lead to failure to pass the character test include:

  • A substantial criminal record,
  • Being a member or having an association with a person/group suspected of being involved in criminal conduct,
  • Your past and present criminal records show a lack of enduring moral character,
  • There is a risk that you will engage in criminal conduct, harass, molest, intimidate or stalk another person, vilify or incite discord in Australia.

    • Poor performance during Spousal Visa Interview
    The qualification for a partner visa goes beyond providing the right documentation. At some point, you’re required to attend an interview in person or via telephone to answer questions regarding your application. If you’re unable to recall basic information such as your partner’s date of birth, how you met, their family details, and details about how your relationship developed, your visa application may not go through. Additionally, if you provide answers that conflict with those of your partner, the immigration department may consider your relationship to be non-genuine. You may end up getting a refusal.

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