Although most partner visa applications seem straightforward, there are some important pitfalls to watch out for when lodging a partner visa application. We briefly touch upon these issues and welcome any queries that you may have.
An offshore application for partner visa maybe lodged prior to getting married, where an intention to get married has already been established, however the marriage must take place before the application is decided / assessed. However for all onshore applicants, the application can only be lodged post marriage.
For defacto relationships, applications maybe fast tracked by registering your relationship, especially in cases where you have not been living together for 12 months. Although a relationship maybe registered, applicants are still expected to produce evidence of a joint and ongoing relationship / home. Also some states and territories impose specific residence requirements on sponsors.
Cohabitation and financial inter dependence are the two most crucial factors in any partner visa application. Applicants must demonstrate joint bank accounts that are actively used, joint leases or home ownership papers, joint home or car insurance policies, joint utility bills and other evidence of joint financial interdependence.
Statutory Declarations (Forms 888) from friends and family play a critical role, persons providing these declarations must be Australian citizens, permanent residents or eligible NZ citizens, it is always good to provide one of the declarations from the parents of the sponsoring partner.
Police checks are required not only for the applicant, but also for the sponsoring partner and any non migrating dependents. It is important to note that any prior convictions of the sponsor may create a potential for the application to be refused.
457 visa holders lodging an onshore partner application, maybe granted a bridging visa while their application is processed, however if the 457 visa is cancelled prior to finalisation of the partner visa application, that may lead to complications for the 457 visa holder, hence expert advise is crucial in such matters.
It is always advisable to submit a decision ready application, as it is most likely that a decision ready application will be allocated and dealt with by the department on priority. Decision ready application partner visa applications include health checks, police clearances, forms 888, good quality evidence of cohabitation and financial interdependence.
If you have questions regarding your individual circumstances please do not hesitate to contact us. Note that the first consultation with Migration Guru is free of charge. Migration Guru has assisted a vast number of clients for more than 14 years. We have more than 50 years of collective experience in the industry and a team of Migration Agents / Lawyers. With our vast experience and skills, we are able to provide accurate migration or legal advice based on our clients’ personal circumstances.
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Disclaimer:- The above article constitutes only generic information on migration issues, and does not constitute specific migration advice to any entity or individual.