Zhanna HeenanVisa News 5 November, 2023
How long does it take to bring a Partner to Australia?
The processing time to bring your partner to Australia can vary depending on several factors, including the type of visa you are applying for and the specific circumstances of your application.
The processing time for this visa type can vary but is generally estimated to take around 12 to 18 months from the time of application.
These visas are for spouses or de facto partners of Australian citizens or permanent residents. The processing time can also vary, but it often takes around 24 to 30 months for the temporary partner visa (subclass 820 or 309) and an additional 24 months for the permanent partner visa (subclass 801 or 100) after the temporary visa is granted.
Important to note that these processing times are approximate and can change over time due to various factors, including changes in immigration policies and the volume of applications being processed. To get the most up-to-date and accurate processing time estimates for your specific situation, it’s essential to check the official website of the Department of Home Affairs in Australia or consult with a registered migration agent. Additionally, immigration processing times can be affected by the completeness and accuracy of your application and supporting documents, so it’s crucial to ensure your application is well-prepared.
How much does it cost to bring a partner to Australia on a partner visa in 2023-2024?
This visa is for onshore applicants (applicants who are in Australia at the time of application). As of July 2023, the combined application fee for both the temporary Partner visa (subclass 820) and the permanent Partner visa (subclass 801) is AUD 8,850.00
This visa is for offshore applicants (applicants who are outside Australia at the time of application). As of July 2023, the combined application fee for both the temporary Partner visa (subclass 309) and the permanent Partner visa (subclass 100) is AUD 8,850.00
This visa is for applicants who intend to marry their Australian partner. As of July 2023, the application fee for the Prospective Marriage Visa (subclass 300) is AUD 8,850.00.
Please note that these fees are subject to change over time, and the Australian government periodically adjusts visa application fees. To obtain the most up-to-date and accurate information on partner visa application fees, it is crucial to refer to the official website of the Department of Home Affairs in Australia or consult with a registered migration agent. Additionally, there may be additional fees or charges associated with secondary applicants, health assessments, police clearances, and other services required as part of the visa application process.
Can I stay in Australia while waiting for a partner visa?
Yes, generally you can stay in Australia while waiting for a Partner Visa (subclass 820/801) to be processed if you applied for this visa while you were in Australia. The Partner Visa (subclass 820/801) is an onshore visa, which means it is designed for individuals who are already in Australia when they apply.
Here is how it typically works:
It’s important to note that while you can stay in Australia during the processing of your Partner Visa application, you must meet all the requirements and obligations associated with the visa category. This includes maintaining a genuine and continuing relationship with your Australian partner and complying with any conditions attached to your substantive visa or Bridging visa. You also need to be aware that not all relationships can be recognised in Australia. Read more here about the types of relationships not recognised under Australian Partner Visa legislation.
Keep in mind that immigration policies and visa processing times can change, so it’s essential to check the official website of the Department of Home Affairs in Australia or consult with a registered migration agent to get the most up-to-date information and guidance on the Partner Visa (subclass 820/801) application process and requirements. The processing times on the Department of Home Affairs website are indicative as there are a lot of factors that can impact the processing of your applications. Submitting a complete and decision-ready application will minimise delays and can reduce processing time.
Can I marry my partner on a Tourist visa in Australia?
Yes, you can marry your partner while they are in Australia on a tourist visa, but there are some important considerations to keep in mind:
Remember that immigration laws and policies can change over time, so it’s crucial to check the official website of the Department of Home Affairs in Australia or consult with a professional for the most up-to-date information and advice regarding marriage and visa matters.
Can I bring my unmarried partner to Australia?
Australia offers various visa options for partners, including unmarried partners, to join their Australian citizen or permanent resident partners in the country.
One of the common visa options for unmarried partners was the Partner visa (subclass 820/801 or 309/100) or a Prospective Marriage Visa (subclass 300). To be eligible for these visas, you typically needed to demonstrate a genuine and ongoing relationship with your Australian partner, among other requirements.
Can I apply for a Partner visa if I hold a Regional skilled visa or a work visa?
If you have a specific type of regional visa or had one in the past, you need to have held that visa for a certain amount of time before you can apply for a Subclass 820 visa.
For some regional visas, you must have held them for at least two years, and for others, you need to have held them for at least three years.
This rule is in place to make sure that people who were granted regional visas follow the conditions of those visas, which may require them to live, work, and study in a specific regional area. It prevents them from trying to get around these requirements by applying for a Subclass 820 visa.
Can I apply for a Partner visa in Australia if my current visa has expired?
Schedule 3 in the Migration Regulations 1994 outlines the eligibility criteria for people applying for a partner visa in Australia when they don’t currently hold a valid visa (substantive visa). If you’re the holder of a bridging visa, criminal justice visa, or an ‘enforcement visa,’ you’re considered not to have a substantive visa.
If you’re an unlawful non-citizen, meaning you’re in Australia without a valid visa, you’ll also need to meet these criteria.
Schedule 3 allows applicants to apply for a partner visa while they are in Australia, as long as they meet these criteria, instead of having to leave the country and apply from overseas. The main goal of Schedule 3 is to encourage applicants to apply for a substantive visa before their previous visa expires, reducing the number of people on non-substantive visas or unlawfully present in the country. If an applicant meets the Schedule 3 requirements, there is a specific time limit within which they must apply for their partner visa.
What are the requirements of Schedule 3?
There are two key provisions when discussing Schedule 3:
What are criteria 3001, 3002, 3003, and 3004 for Schedule 3?
Criteria 3001 of Schedule 3 states that the applicant must lodge their subsequent visa application within 28 days of their substantive or criminal justice visa expiring or from the date they entered Australia unlawfully.
Criteria 3002 of Schedule 3 requires the applicant to lodge their subsequent visa application within 12 months of their substantive or criminal justice visa ceasing or from the date they entered Australia unlawfully.
Criteria 3003 of Schedule 3 only applies if the applicant entered Australia unlawfully or did not have a valid entry permit. In this case, additional requirements must be met, including circumstances beyond their control, compelling reasons for granting the substantive visa, eligibility for an entry permit if applied before becoming unlawful, and agreeing to follow future visa conditions.
Criteria 3004 of Schedule 3 applies if the applicant entered Australia unlawfully and has not been granted a substantive visa since. Requirements include factors beyond their control leading to the lack of a substantive visa, compelling reasons for granting the substantive visa, compliance with previous non-substantive visa conditions, eligibility for a partner visa (subclass 820) at the time of becoming an unlawful non-citizen and agreeing to follow future visa conditions.
Can Schedule 3 requirements be waivered?
If you can’t meet the above-mentioned Schedule 3 criteria, you may still get a waiver (an exception) if you have compelling reasons for not meeting them. However, there aren’t prescribed guidelines for what counts as compelling reasons, and each case is considered individually.
The Department of Home Affairs’ policy states that the waiver is meant for people whose circumstances genuinely make it difficult for them to meet the criteria due to factors beyond their control, like severe illness or incapacity.
Simply having a real relationship with your partner and facing the typical hardships of separation may not be enough for a waiver. The policy also says that if it’s reasonable for you to leave Australia and apply for a visa from outside the country, you might not get a waiver.
Generally, the government isn’t lenient with people who purposely break the rules to get a Partner visa. But if you have genuinely compelling reasons, you can try to make your case by showing how your situation is different from the norm. It’s important to demonstrate that these compelling reasons existed at the time of your visa application, not just later on. Our migration agents are well-equipped and experienced to assist you with preparing a Schedule 3 waiver submission. If you are dealing with . Contact Heenan & Browne Visa and Migration Services today for assistance.
How many times can I sponsor a Partner visa?
You can sponsor up to two people to come to Australia as your spouse, partner, or fiancé.
If you’ve already sponsored someone, you can’t sponsor another person in these categories until at least 5 years have passed since the first sponsorship. If you’ve been sponsored yourself in the past, you also have to wait 5 years before you can sponsor someone in these categories.
There are exceptions to these rules if there are very good reasons (compelling circumstances). The Department of Home Affairs can approve a sponsorship even if it doesn’t meet the usual requirements, however, they will need to consider your particular circumstances and decide whether your application can be granted on compelling or compassionate grounds.
If you have any other questions about Australian partner visa pathways to Australia, book an appointment today. Our registered migration agents are ready to assist.
23 November, 2023
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