The ultimate to guide to read before you apply for onshore & offshore partner VISA Australia

A partner visa is a path you should take to Australia if your love of life is a citizen of Australia. At earlier times an applicant had to provide nearly 200 papers relating evidence to get a partner visa Australia. However, things haven’t changed much still in this digital era. So, pay attention to this ultimate guide before you apply for your onshore or offshore partner visa to Australia.

What is a partner VISA Australia? 

A partner visa Australia is a permanent path to get permanent citizenship in Australia. You have a chance to apply for this visa if you are in a relationship with someone who is a permanent resident or a citizen in Australia. However, you will have to prove your relationship truly exists to get a partner visa to Australia.

You should keep in mind that the government takes this matter seriously. They could and will go through both of your personal details. Then they will cross-refer them to check whether you are telling the truth. They might even go through your social media or show up at your doorstep unannounced.

Australian partner VISA subclasses (on-shore & offshore)

Both the offshore visa and onshore visas are the same visa except for a simple fact. Onshore means you are in the country and offshore means you are out of a country. However, both these types of visas are in two parts. One temporary and one permanent. First, you have to apply for a temporary visa and then you can move to the permanent plan.

These are the basic requirements requested of a sponsor whether they are sponsoring an offshore visa or onshore visa. The sponsor;

  • should be at the legal age and also a permanent resident or citizen of Australia.
  • cannot sponsor more than two partners unless it is on special and certain circumstances.
  • shouldn’t have sponsored another person in the last 5 years.
  • shouldn’t have been sponsored by someone else in the last 5 years.

Subclass 820/801 (Onshore Pathway)

As said before, the onshore pathway is for those who are already living in the country. There are two visa subclasses in this. Subclass 820 is the first type of partner visa Australia one should apply and it is a temporary visa. Getting this visa is the first step towards the subclass 801 (permanent) visa.

For subclass 820 (temporary) visa;

  • You should be a married couple. You could also be a de facto couple. But, you will have to show that you have lived together for 12 months to apply for this visa.
  • You should hold a substantive visa without a no further stay condition. However, it shouldn’t be a sponsored visitor visa, a criminal justice visa, or a provisional general skilled migration.
  • It is vital that your identity is confirmed.
  • You should pass the Medical and Character checks.
  • Remember you mustn’t have a partner visa refused or canceled in the past.
  • You must not have any kind of a debt to the Australian government.

For subclass 801 (permanent) visa;

  • You should still be in a relationship with your partner two years after applying for the first subclass 820 visas.

Subclass 309/100 (offshore Pathway)

Offshore Pathway is for those who are living outside the country. There are two visa subclasses on this visa too. Subclass 309 is the first visa you should apply for and it is a temporary visa. The second step toward is the subclass 100 (permanent) visa.

For subclass 309 (temporary) visa

  • You should be a married couple. You could also be a de facto couple. But, you should show that you have lived together for 12 months to apply for this visa.
  • It is vital that your identity is confirmed.
  • You should pass the Medical and Character checks.
  • Of course, must not have any kind of debt to the Australian government.

For subclass 100 (permanent) visa

  • You should still be in a relationship with your partner two years after applying for the first subclass 309.

Prospective Marriage Visa (Subclass 300)

This is a 9-month temporary visa. This allows the applicants to travel to Australia to marry their partners. So, you would have to apply for a partner visa above to obtain your permanent residence within the visa validity

Meaning of some technical words used in partner visa  

Partner;

Your partner is your husband, wife, or de facto partner.

A spouse;

A spouse is one of the two partners in a marriage.  Their marriage should be valid under the Act and:

  • have an obligation to a life shared between them.
  • have an honest and ongoing relationship.
  • live together.

A de facto relationship;

The two partners in a de facto relationship are not legally married but: 

  • they have an obligation to a life shared between them.
  • have an honest and ongoing relationship.
  • they live together.
  • they are not related by family.

Prospective Marriage; 

Expecting to be married.

Fiancé/ Fiancée;  

A man or a woman to whom someone is engaged to be married.

What documents need for a partner visa? 

Given below are the most commonly requested documents for a partner visa Australia. However, the visas you apply are with the unique circumstances. So, more could be added to the list or omitted from it. Refer to https://www.homeaffairs.gov.au/ for more information.  

Identity documents

You will have to provide 

  • A birth certificate with the names of both parents.
  • Copies of the pages of your passport which shows the personal details and dates.
  • A national identity card. 

and proof of a change of name, if needed.

Your relationship with your partner….

You have to show your marriage certificate or other evidence that your marriage is valid. However, this validity should be accepted by the Australian government.

If you are a de facto partner, you would have to provide information in writing about:

  • how, when, and where you first met
  • how your relationship grew
  • when you got together
  • things you do together
  • how long do you spent separately
  • important events related to you
  • your plans for the future

Finances

You can show you and your partner share financial matters through joint documents as follows;

  • mortgage or lease documents
  • loan documents
  • bank account statements
  • Household bills in both names

Your household

You can show you and your partner share domestic matters through

  • a statement about how you share housework
  • household bills in both names
  • mail or emails addressed to you both
  • documents that show joint responsibility for children
  • documents that prove your living arrangements

Social matters

You can show others know about your relationship through

The proof of ;

  • you have friends in common
  • you do join in social activities together
  • your travels together

Commitment

You can show how you are committed to a long-term relationship with each other through

  • proof you have combined your personal matters
  • the terms of your wills
  • proof you stay in touch when apart

Additional proof of a de facto relationship

You also have to prove that you have been in your de facto relationship for at least 12 months.

However, if you haven’t been in the relationship for 12 months, you could still inform the Australian government. There you should tell why the 12-month requirement should not apply to you in writing. 

Other relationships

You should inform the Australian government if you have previously been married, widowed, divorced, or permanently separated. You should also provide divorce documents, death certificates, separation documents, or statutory declarations with that.

Character documents

  • an Australian police certificate. This is if you have spent a total of 12 months or more in Australia in the last 10 years.
  • an overseas police certificate. This should also be from every country, including your home country, where you stay a year or more.
  • service records of any armed forces you served in.

The cost for a partner VISA in Australia

For a subclass 820 partner visa Australia it costs around AUD7,715 for most applicants. However, it cost only AUD1,285 for a Prospective Marriage visa (subclass 300) holders. Here you are paying for the temporary and the permanent onshore partner visa Australia at the same time.

For a subclass 309 partner visa Australia it costs around AUD7,715. You are paying for the temporary and permanent visa at the same time here too.

Visa processing time for partner Visa

Subclass 309

  • 75% of applications: 15 months
  • 90% of applications: 20 months

Subclass 100 

  • 75% of applications: 20 months
  • 90% of applications: 24 months

Subclass 820

  • 75% of applications: 20 months
  • 90% of applications: 25 months

Subclass 801

  • 75% of applications: 13 months
  • 90% of applications: 25 months

The time that you can stay in Australia on a partner visa

You can stay in Australia on a temporary partner visa Australia until the government decides whether to accept your permanent visa application or you yourself withdraw the application.

Tips to apply for a partner visa if your partner is offshore 

  • Apply for the right partner visa

Check the eligibility and whether there is enough evidence to support the visa application you choose before applying.

  • Prepare the documents beforehand

Have your identity documents certified as true copies. You should also translate them into English by an accredited NAATI translator.

  • Collect evidence

You have to demonstrate that you have lived together for at least 12 months. You should also show that have a genuine and continuing relationship. So, start collecting good evidence from early on.

  • Correct information

Providing false and misleading information to the Department has severe consequences. So, always provide correct information.

  • Be an asset 

Show the contribution to Australia you provide is more than being the life partner of an Australian Citizen or Permanent Resident sponsor.

  • Get advice 

This is a complex process that needs a professional touch. So, always get professional help if to be a success. Immigration agent Sydney is such a certified and qualified agent who could guarantee your success. 

Partner visa work rights 

You can live, work, and study in Australia while the government processes your permanent Partner visa. You can also travel to and from Australia as many times as you want and attend free English language classes provided by the Adult Migrant English Program.

What will happen if your relationship break-up under Australia partner visa law

You may still be eligible for the grant of a permanent Partner visa to Australia even if your relationship breaks down after the grant of your temporary Partner visa if;

  • You or a member of your family faced violence committed by your partner. However, for offshore partner visas, this should have happened after you entered Australia.
  • Your partner dies.
  • Your relationship ends but both of you share parental responsibility for a child.

If your relationship breaks down, it is vital that you should seek immediate migration advice from a professional

Claiming social benefits (Centrelink) under partner visa 

you are also eligible for some payments if you’re an Australian resident or a temporary visa holder. But You need to meet a qualifying residence period or newly arrived resident’s waiting period for this. However, there have been ongoing changes in them due to coronavirus (COVID-19). You can get more information about this through https://www.servicesaustralia.gov.au/individuals/subjects/payments-visa-holders 

Most common mistakes made on partner visa applications 

  • Providing a short relationship statement 

The relationship statements should be pages long. It should also be an in-depth insight into your relationship with your partner. So, it’s a good idea to hire a migration agent to go over your relationship statement before handing it over. 

  • Neglecting miner information

The government would dig everything about you no matter how minor they are or how long ago they happened. So, you should include everything there to be included.

  • Enough much evidence

Remember that, joint bank statements or household bills are much better evidence than photos of you two. 

Partner visa to citizenship pathway 

Obtaining a permanent partner visa Australia opens a citizenship pathway to you. This is as the Australian government defines anyone with an Australian permanent visa as a permanent resident of the country. 

A permanent resident can apply for citizenship after spending 4 years in the country. He or she shouldn’t also have been overseas for a period of longer than 12 months. He or she shouldn’t have left Australia for 90 days or more in the last 12 months. 

You have to fulfill the needed character requirements and score 75% or above in the citizenship test. If you proved you have sufficient knowledge about Australia and its people through the citizenship test, you would have also met the needed language requirement. 

Having a criminal record or being out of the country when the applications are being processed could have negative effects on the decision of its approval.