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When Can You Apply for Partners Visa Australia?

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Applying for a partner visa in Australia can be daunting. A successful application depends on understanding eligibility criteria, the timing of the application, and completing the necessary documentation. This guide explains when people are eligible to apply for a partner visa while offering an overview of the process.

Key Requirement for Partner Visa

Before we discuss the eligibility criteria for a partner visa in Australia, people who wish to apply for this visa must be in a loving, committed relationship with an Australian citizen, a permanent resident, or an eligible New Zealand citizen. This relationship may be a marriage or a de facto partnership with specific preconditions. If this requirement is fulfilled, they can apply for a partners visa in Australia based on the prevailing rules.

Applicants must prove they have a legally recognised marriage in case of a married partner. De-facto partners must prove they have lived together for 12 months or more before applying for a partner visa. However, there are exceptions, especially when there are compelling reasons not to have done so before applying, such as children.

Understand the Application Process

A partner visa application has two main stages: the initial temporary visa and the permanent visa (providing a pathway to permanent residence). A combined application is submitted, but the temporary visa application is prioritised for processing first. Once granted, it allows the individual/migrant to wait in Australia while their application for a permanent visa is being processed.

This temporary visa allows the person to work while studying and experiencing Australia. It also enables the couple to develop their relationship further, which is an essential consideration while assessing the permanent visa application.

Timing of the Application

Time is everything when applying for a partner visa, as the applicant and their partner may face adverse effects if the application is not submitted on time. People living in Australia on other visa types usually need to apply for a partner visa while their existing visa is still valid. Doing this means your move will go smoothly, and you can stay in the country legally.

If applicants are from outside Australia, they will have much more flexibility regarding timing. They are eligible to apply anytime, which allows them to shape their future in a way that suits them best. However, knowing the visa processing times is highly recommended to maintain reasonable expectations and mobilise or revise plans as needed.

Collecting Complementary Documents

One of the main parts of the application process is gathering the documentation. This comprises proof of relationship (connection), including joint obligations, cohabitation, and societal recognition as a couple. The application is also supported by photographs, written statements from family, and statutory declarations from family and friends.

Apart from personal identification, passports and birth certificates are mandatory for applicants. The visa also requires police clearance from countries where the person has lived for 12 months or more during their lifetime.

Understanding the Processing Times

Processing times for partner visas may differ from case to case, depending on the complexity of the application and the number of applications received. For example, temporary visas can take months to process, and permanent ones can take longer. Knowing the current processing times can help parties plan well. The Department of Home Affairs periodically releases updates to enhance the visibility of expected timeframes.

Interview Process Preparation

Some applicants may be assessed in person via an interview. During this step, immigration officials can gauge whether a relationship is genuine and review facts in the application that could be called into question. Interviews look at an applicant’s honesty and transparency. Drawing a sensible and accurate report bolsters the authenticity of the relationship and facilitates a favourable resolution.

Navigating Common Challenges

The partner visa application process can be difficult, so mistakes are possible. Common pitfalls include a lack of documentation, no proof of relationship, or a long drawn-out process. Tackling these concerns promptly can determine the success or failure of an application. Professionals who are well-versed in migration can provide valuable assistance. Seeking professional guidance from them can help. Professional advisers offer personalised advice to ensure applicants comply with the necessary conditions and prepare a strong application.

Conclusion

The partner visa Australia application is essential for securing the right to live in Australia and must be approached with significant forethought and competence. If you know the eligibility criteria, the best time to apply, and the documentation you must submit, there will be no confusion, and you can handle the process well. Even though problems may arise, being ready and well-informed helps increase the probability of a favourable result. The journey may take some time, but it can help you build a new life with your partner in Australia.

JL Staff

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