Partner Visa: Important Points
This column will learn about the Partner Visa subclass 820/801 (onshore) and 309/100 (offshore).
Subclass 820/801 (Onshore) – Applying in Australia
Subclass 309/100 (Offshore) – Applying outside Australia
Partner visa number changes depending on the location of the applicant when applying for a visa, and there are pros and cons in the two visa types.
If applying within Australia (onshore), the applicant must hold a substantive visa at the time of application.
*Substantive visas are all visas except bridging visa, criminal justice visa and enforcement visa*
For onshore applications, a bridging visa is issued, and even before a permanent residency is granted, they can receive Australian Medicare benefits while waiting for the visa grant.
A partner visa requires the applicant to have a genuine relationship with an Australian citizen, permanent resident, or an eligible New Zealand citizen. The relationship must continue until the date the visa is granted.
*Exceptions apply (Domestic Violence, Partner passed away etc.)*
So, what is a Partner relationship, and how do we prove it?
The Australian Immigration law divides partner relationships into Spouse and De Facto relationships.
A spouse Relationship is when you are legally married and,
A De Facto Relationship is a Common-law relationship and generally requires that you have lived together for at least 12 months and maintained an exclusive relationship.
For a De Facto relationship, a Civil Partnership Registration Certificate is often used as an alternative to the 12-month residency requirement.
It would be nice if a Marriage Certificate or a Civil Partnership Registration Certificate could prove a Partner relationship. Still, as required by the Australian Immigration Law, you must submit sufficient supporting documents for the four types below to prove a genuine relationship.
- Financial Aspects of the relationship
- Nature of Household
- Social Aspect of Relationship
- Nature of commitment to each other
There are cases in which the visa examination is delayed or rejected if there are insufficient supporting documents for the four types.
Examples of specific evidence for the four types are:
| Financial aspects of the relations | · Joint mortgage or lease documents · Joint loan documents for major assets like homes, cars, or major appliances · Joint bank accounts Statements · Household bills in both names |
| Nature of Household | · Household bills in both names · Mail or emails addressed to you both · Documents that show joint responsibility for children · Documents that prove your living arrangements |
| Social Aspect of Relationship | · Joint invitations or evidence you go out together · Proof you have friends in common (group photos) · Proof you have told government, public or commercial bodies about your relationship · Proof you do joint sporting, cultural or social activities together · Proof you travel together |
| Nature of commitment to each other | · Proof you have knowledge of each other’s background, family situation or other personal details. · Proof you have combined your personal matters · The terms of your wills · Proof you stay in touch when apart |
Other evidence includes a statement of relationship, Form 888 (from two or more people who are Australian citizens or permanent residents), photos and travel records.
The Partner visa is not a simple visa that can be granted just with the fact that the applicant and sponsor is married or in a Common-law marriage.
Please contact us if you are preparing for a partner visa and need professional advice.
In the next column, we will take a closer look at the points to be aware of when applying for a partner visa through real cases in which the partnership was maintained, but the visa was rejected.
