Australian Embassy
Germany

Partner Migration - FAQs

 

   Frequently Asked Questions - Partner Visas


1. Can I lodge my partner visa application in Australia?
2. How long will processing of my Partner application take?
3. Can my application be processed sooner?
4. What documents should I provide as evidence of identity and marital status?
5. Certified copies
6. Translations
7. Will you confirm receipt of my documents?
8. What evidence should the sponsor provide regarding Australian citizenship or permanent residence?
9. My children are Australian citizens - do I need to include them in my migration application?
10. Relationship evidence
11. We have not lived together for 12 months, but would like to apply for a de facto partner visa - is that okay?
12. I want to apply for a de facto partner visa, but I’m still married to someone else. Is that a problem?
13. What if the sponsor has sponsored someone to Australia before?
14. When should I do the required medical examinations?
15. Can I do the medical examination with my own doctor?
16. How long is a Prospective Marriage, subclass 300, visa valid for?
17. What if I get married while you are processing my Prospective Marriage (subclass 300) visa?
18. Can I travel to Australia while my Partner visa application is being processed?
19. Can my Partner visa be granted while I am in Australia?
20. After my visa is granted, do I have to travel to Australia by a certain date? What is the initial entry date?
21. What is two stage Partner processing?
22. Can I get a permanent Partner (subclass 100) visa without waiting the 2 years?
23. Do I have to use a migration agent to lodge a Partner Migration application?
24. Can a friend or relative receive information about my application on my behalf?

25. Should I pay for my flight before my visa is granted?

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1. Can I lodge my partner visa application in Australia?
You should enter Australia on an appropriate visa for your intended purpose and length of stay. If you are intending to move to Australia and live there permanently, you should obtain an appropriate migration visa before you go.

Please note: If you have a "no further stay" condition on your temporary visa, it may not be possible to apply for a further visa from within Australia.

2. How long will processing of my Partner application take?

Global visa and citizenship processing times are available at https://www.homeaffairs.gov.au/about/access-accountability/service-standards/global-visa-citizenship-processing-times

Actual processing times vary due to a variety of individual circumstances and more complex cases can take longer.

Therefore, it is recommended that you do not take any significant action, such as ceasing employment, selling property or purchasing flight tickets, before your visa application is finalised.

3. Can my application be processed sooner?

To be fair to everyone, applications are processed in the order they are received. If you feel you have compelling or compassionate reasons why your application should be prioritised, please upload a written statement to ImmiAccount outlining your circumstances.

In general, planned employment in Australia, schooling for children, pregnancy, property sale, or separation of partners, for example, are not considered sufficient reason for an application to be prioritised, as these circumstances are common to many partner visa applications.

4. What documents should I provide as evidence of identity and marital status?

You should provide certified copies of your national identity documents, which must be translated into English, if they are not in English already.

If available in your country, you may also provide multilingual, translated or international civil status records, (for example birth, marriage, death certificates).

Some European countries will also provide an extract of the population register instead of a birth certificate. This is acceptable if it includes details of your parents and is translated into English.

You should include certified copies of the biodata page of your passport or travel document. Please ensure they are high quality colour copies.

5. Certified copies
You may need to submit certified copies of some documents. 'Certified copies' are copies authorised, or stamped as being true copies of originals, by a person or agency recognised by the law of the country in which you currently reside. The appropriate certifying authorities vary from country to country. Some country specific information is available.

See: Certified Copies

6. Translations
Original documents in languages other than English must be accompanied by an English translation. The English translations must be appropriately endorsed. In Australia, translators must be accredited by the National Accreditation Authority for Translators and Interpreters (NAATI). Accreditation details must be recorded on the translation. Translations provided by non-accredited translators outside Australia should be endorsed by the translator with their full name, address, telephone number, and details of their qualifications.

7. Will you confirm receipt of my documents?
All documents should be uploaded to ImmiAccount. You can consider the confirmation that your documents have been successfully uploaded as confirmation of receipt of your documents.

8. What evidence should the sponsor provide regarding Australian citizenship or permanent residence
As evidence of your sponsor’s Australian citizenship you should submit a certified copy of the bio data page of his/her passport, Australian citizenship certificate or Australian birth certificate. If your sponsor is a permanent resident of Australia, please submit a certified copy of his or her passport.

9. My children are Australian citizens - do I need to include them in my migration application?
If your children are Australian citizens they cannot be granted a visa and should travel to Australia on an Australian passport. When you complete the application form 47SP you should declare all of your children on the form, but children who are Australian citizens are not included as applicants and should be marked as ‘not migrating’ even if they will be accompanying you to Australia.

10. Relationship evidence
Every relationship is different and we may need different kinds of documents to make an assessment of your application. Please include evidence relating to the nature of your household, recognition of your relationship by family and friends, your joint financial commitments and evidence of ongoing contact with each other, with your application.

11. We have not lived together for 12 months, but would like to apply for a de facto partner visa - is that okay?

To be granted a Partner visa as a de facto partner, you and your sponsor must show that you have been in a committed de facto relationship for the entire 12 months immediately prior to lodging your application. This 12 month period is assessed from the time the relationship became a de facto partner relationship, and not from the time you first met.

Living together is regarded as a common element in most on-going relationships. It is recognised that, for various reasons, couples may sometimes have to live apart. Provided the separation is temporary and the couple had, at some point since commencement of the relationship lived together, their relationship might still satisfy the requirements of a de facto relationship.

For this reason, the one year relationship criterion does not require the couple to have physically lived together for the entire 12 months, but rather to have been in a de facto relationship for that period.

Partners who are currently not living together may be required to provide additional evidence that they are not living separately and apart on a permanent basis in order to satisfy the requirements of a de facto relationship.

Further information is available at https://www.homeaffairs.gov.au/about/corporate/information/fact-sheets/35relationship

12. I want to apply for a de facto partner visa, but I’m still married to someone else. Is that a problem?
To apply for a Partner visa as a de facto partner, you and your partner must show that you have been in a de facto partner relationship for the entire 12 months immediately prior to lodging your application and that this relationship is to the exclusion of all others. If either you or your sponsor are still married to another person at the time of lodgement of a de facto partner visa, you will need to provide evidence that your previous relationship is no longer ongoing.

13. What if the sponsor has sponsored someone to Australia before?

You may not be able to sponsor your partner if you have previously sponsored 2 other partners for migration to Australia, or have sponsored another partner within the last 5 years, or were sponsored as a partner yourself within the last 5 years.

 You may still be permitted to sponsor your partner in compelling circumstances, for example,
if your previous partner died or abandoned the relationship, and you have young children, or you have been with your current partner longer than two years, or you or your partner have dependent children.

A decision on whether to waive the sponsorship limitations can only be made once an application has been lodged. It cannot be decided in advance of lodgement.

14. When should I do the required medical examinations?
You should complete your Medical examination(s) with a panel doctor approved by the Australian Government when you are requested by the Department of Home Affairs to do so.

15. Can I do the medical examination with my own doctor?
No. We do not accept a medical examination conducted by a private doctor who has not been approved by the Australian Government.

16. How long is a Prospective Marriage (subclass 300) visa valid for?
A subclass 300 Prospective Marriage visa is valid for 9 months from date of grant. You must marry the sponsor within the validity period of the visa.

17. What if I get married while you are processing my Prospective Marriage (subclass 300) visa?
If you marry your partner before your Prospective Marriage visa is finalised there is a provision for you to be considered for a Partner visa without the need for you to lodge a new application. Please upload your marriage certificate to ImmiAccount as soon as possible and you will be given further information at that time

18. Can I travel to Australia while my Partner visa application is being processed?

You may apply for other visas while your partner visa application is being processed. This will be assessed against the criteria for that visa subclass and will not affect the assessment of your partner visa application.

19. Can my Partner visa be granted while I am in Australia?
No. If you have lodged your partner visa outside Australia, it is a legal requirement that you also be outside Australia at the time of visa grant. If you are in Australia when your visa is ready for grant, we will notify you that it is time to depart Australia.

20. After my visa is granted, do I have to travel to Australia by a certain date? What is the initial entry date?

Yes. When your visa has been granted, you will be advised of your ‘initial entry date’ and it is a condition of your visa that you enter before that date. The date is based on the expiry date of your health and character checks, which are generally valid for 12 months from the date they were issued. If you fail to enter Australia by the initial entry date your visa may be considered for cancellation.

It is not possible to change the initial entry date after the visa has been granted.

21. What is two stage Partner processing?
Applying for a Partner visa is a 2-stage process. You apply for a provisional (subclass 309) and permanent (subclass 100) visa at the same time. If you meet all the initial criteria, you will be granted a provisional Partner visa. This visa remains valid until a decision is made on your permanent visa application, which is generally 2 years after you initially applied for your visa. If you continue to meet all legal requirements, you will be granted a permanent subclass 100 Partner visa, usually after your arrival in Australia.

22. Can I get a permanent Partner (subclass 100) visa without waiting the 2 years?

The two year waiting period can be waived if, at the time you apply, you have been in a Partner relationship with your partner for three years or more, or two years or more if there are children of your relationship.

Please note that the three year period is assessed from the time you started a committed married or de facto relationship with your partner, and NOT from the time that you first met or formed a casual relationship.

23. Do I have to use a migration agent to lodge a Partner Migration application?
You are not required to use a Migration Agent. If you wish to use a Migration Agent, information is available at https://www.homeaffairs.gov.au/Trav/Visa/Usin

24. Can a friend or relative receive information about my application on my behalf?
Under the terms of the Australian Privacy Act, we cannot disclose your information to an unauthorised third party. If you wish to authorise a migration agent or other person to communicate with the department on your behalf, please provide:

See: Form 956 – Advice by a migration agent/exempt person of providing immigration assistance or
See: Form 956A-Appointment or withdrawal of Authorised Recipient

An authorised recipient is only allowed to receive correspondence on your behalf, they are not authorised to provide you with migration assistance.

25. Should I buy my flight before my visa is granted?

You should not book flights or make travel commitments until you have a visa to travel to Australia. The department will not be liable for any financial loss incurred by clients whose visa application was not finalised in the expected timeframe or when a visa application is refused.




 



 

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