Partner Visa – Onshore
Are you in Australia and have found love?
You can apply for this visa in Australia to stay in Australia with your partner.
Minimum Visa eligibility requirements:
- Your marriage must be legal under Australian Law. If you were married in a country other than Australia and that marriage is valid in that country, generally it will be recognised as valid under Australian law.
- Australian law does not recognise polygamous marriages
De Facto Applicants
- You and your partner must have been in a de-facto relationship for the entire 12 months immediately prior to making application and you must have been living together for at least 12 months immediately before application.
- Same sex couples can apply under this subclass and use the same criteria.
Waiver of 12 months requirements
The 12-month requirement may be waived if you can demonstrate compelling and compassionate circumstances, (you and partner have children) or you have registered your defacto relationship in an Australian State or Territory.
Your sponsoring partner must be an Australian citizen or permanent resident, or an eligible New Zealand citizen, who undertakes sponsorship obligations.
Assessing Relationships in Partner Visas
There are 4 main aspects of the relationship that the Department of Home Affairs (DOHA) will consider when assessing any partner visa application:
- Financial aspects of the relationship
- Nature of the household
- Social aspects of the relationship
- Nature of the commitment
Every relationship is different and will handle these aspects of their relationship on their own terms, however it is helpful to know what the department looks at within these 4 aspects.
Financial aspects of the relationship
Below are some examples of Financial responsibilities. The below is not an exhaustive list of evidence that may be accepted to proof your financial responsibilities.
- Joint bank account which demonstrates that yourself and your sponsor have both regularly used your joint account for your general living expenses and/or both regularly contributed to your joint savings account
- Any joint undertakings such as a joint lease
- Naming each other as beneficiary of your respective wills, superannuation savings, insurance benefits etc.
- Jointly owned assets such as real estate, investment portfolios, bonds or other investments
- Joint liabilities (e.g. loans, mortgage, insurance)
- Sharing of finances such as regular international transfers, bank transfers or online transfers to each other. This evidence is generally important if you are living apart for a significant period of time during the Department’s processing time
The nature of the household
- joint utilities accounts (electricity, gas, telephone)
- correspondence addressed to either or both parties at the same address
- shared responsibility for care and support of children
- shared responsibility for housework
- joint ownership of residential property
- joint residential leases
- joint rental receipts
Social aspects of the relationship
- Statements of parents, family members, relatives, friends and other interested parties
- Joint membership of organisations or groups, documentary evidence of joint participation in sporting, cultural, social or other activities
- Joint travel and plans for the future
- Whether the parties present themselves as a couple socially
- Evidence that the relationship has been declared / registered to government bodies and commercial/public institutions or authorities and acceptance of these declarations by these bodies
- Joint travel bookings (hotel and flights)
- Photographs duration different period of time of relationship, as well as photographs with family, friend and work colleagues
Nature of the commitment
- The duration of the relationship
The length of time the parties have lived together
The degree of companionship and emotional support that the parties draw from each other
Knowledge of each other’s personal circumstances
Evidence of intentions that the relationship be long term (from example, by the extent to which the partners have combined their affairs, and the extent to which they have provided for each other, such as being beneficiary to each other’s will and superannuation)
- Whether the parties refer to the relationship as for the long term
- Evidence of communication during duration of relationship. Communication record can be in forms of email, phone bill, social media applications. Any form of evidence of communication must clearly identify applicant and sponsor. No nicknames are accepted by Department of Home Affairs (DOHA).
It is vital to lodge a decision ready partner visa application to avoid lengthy processing time delays.
A decision ready application is one where all relevant and necessary evidence has be collated to proof the relationship between sponsor and applicant.