Given the current lengthy processing times discussed below , you could be waiting close to 2 years before the Department assesses your application.
This is a significant period of time and you should use it effectively in view of further visa requirements that will apply when it comes to an assessment of your eligibility for the subclass visa. At that stage, you will need to provide evidence to confirm that your relationship continues to meet visa grant requirements this is discussed below. The online system makes it an easy process to attach documents and you can do this at any time following lodgement.
Another key aspect to check before you lodge your application is to confirm your visa status at the time of lodgement and whether this complies with the requirements. The requirements specify that in most cases, you must hold a substantive visa at the time of lodgement. A substantive visa is generally any visa, excluding a bridging visa. If you do not hold a substantive visa, you may still be able to apply, provided you meet Schedule 3 criteria.
This is especially the case if you lodge your application more than 28 days after you held your last substantive visa. Having to satisfy Schedule 3 is not a simple exercise and great care must be taken whenever it arises as an issue.
For this reason, we would highly recommend if you find yourself in this situation, that you seek professional advice from a migration agent or immigration lawyer before lodging your application. This will help to ensure that you are fully informed about what this means for you, and how it may affect your application.
Once you have determined that you meet the visa grant requirements for the partner visa, the next step is to ensure that you apply in the correct manner, in accordance with visa lodgement requirements.
Matters such as where you are located at the time of lodgement and the method of applying are very important to get right. If you do not lodge according to requirements, your application will be deemed to be invalid and you will need to re-apply note that your situation may have changed by then, for example, your visa status, which may affect a subsequent application.
The online portal also allows you to receive correspondence from the Department relating to your application and to advise the Department of changes to your circumstances, etc. If you engage a migration agent or immigration lawyer to lodge your application on your behalf, they will manage this process for you. Your Australian partner must also lodge a sponsorship form and submit specified documents, as required, using the same online system.
The type of evidence you will need to provide includes the following:. Documents must be provided to address each relationship aspect, as discussed above. Other documents required include:.
Note that these fees are subject to change and you should confirm the costs that will apply to your application before you lodge. These fees can also vary, depending on your individual circumstances. Below is the most common scenario to give you an idea of what you can expect.
A payment surcharge may also be applied, with the percentage rate depending on the method you use to pay. Contact us for more details if this applies to you. Be in a married or a de facto relationship to the exclusion of all others The primary visa applicant in a spousal or a de facto relationship with a person of the same-sex or opposite sex.
For married applicants, the following must apply: both parties are legally married to each other and the marriage must be valid under Australian law; both parties must have mutual commitment to a shared life as a married couple to the exclusion of all others. This means either party must not be in a polyamorous or polygamous marital situation; the relationship is genuine and continuing; live together or do not live separetely on a permanent basis.
For de facto partners, the following must apply: both parties are not legally married to each other; both parties are not related by family, including adoptive family relationships; both parties must have mutual commitment to a shared life as a married couple to the exclusion of all others.
This means either polyamorous or polygamous relationship must not involve in the de facto relationship; the de facto relationship must have existed for at least 12 months immediately before the visa application date, unless there are compelling and compassionate reasons for not meeting the month relationship requirement; the relationship is genuine and continuing; live together or do not live separetely on a permanent basis.
If the Australian de facto partner of the primary visa applicant is or was a holder of a permanent humanitarian Subclass , , , , , , , , , , , , or visa visa or is an applicant for a permanent humanitarian visa, the month de facto relationship requirement does not apply. De facto relationship registered under State or Territory law of Commonwealth of Australia is exempted from meeting the month de facto relationship requirement. Partner visas can be very complex and our team at Ausdirect Migration is experienced in complex cases as follows:.
Call Us. Leave a Message. Contact us for more details. Furthermore, the Department of Immigration will need to be satisfied that your relationship with your partner would have continued if your partner had not died.
You will also be required to prove you have developed close ties with Australia. If after you have applied for Subclass Partner visa application and your relationship with your partner has broken down, and your partner informed the Department of Immigration that he or she is withdrawing his or her sponsorship, you may still be granted the visa if you have suffered from family violence or domestic violence during the relationship click here to learn more and here or click here to learn what is domestic violence.
Similarly, if there is a child from your relationship and the Court has awarded you custody or access rights to your child, the Department of Immigration may also grant you the Subclass Partner visa. The processing time for Subclass visa applications may take between 22 and 26 months click here to check the current processing time. The Department of Immigration will usually invite you to apply for the second stage or Permanent Partner visa after 2 years.
However, they may also grant you a combined Subclass Partner visa and Subclass Permanent Partner visa if:. Partner visa application fee or charge is extremely high and the Department of Immigration may not refund you the fee if your sponsorship or visa application is refused.
You should consider engaging the services of an immigration lawyer or registered migration agent to assist you with your application click here to find out how an immigration lawyer or registered migration agent can help you. Continue reading…. How long does it take to get visa after Processing Time: The current processing time for: Subclass 23 to 27 months Subclass 11 to 22 months As you can see, the processing time for Subclass is around two years.
Therefore, the wait for a subclass ranges from two to 3. Partner visa assessment. Exceptions While regulations stipulate that applicants must wait two years between Subclass and Subclass , this is not always the case. Subclass can be granted if the applicant is in a long-term relationship with the sponsor. A long-term partner relationship is defined as: The applicant and the sponsor have a dependent child and they have been together for not less than two years , or In any other case, the partner and the sponsor have been together for at least three years.
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