Is it your dream to settle down with your partner in Australia? With the help of the right visa, you can make this dream come true. The Australian partner visa allows the spouse or partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to come and stay in Australia on a temporary or permanent basis, depending on the visa. However, before you can go about applying for a visa and making your dream a reality, there are a few things you should be aware of.
Getting approval for a spouse visa in Australia can take anywhere from 6 to 39 months. The processing time depends on a variety of factors but can be sped up by ensuring you apply under the correct category and submit a complete application. This can significantly reduce processing times but nevertheless, you must be prepared to wait patiently. To avoid refusal of a spouse visa, ensure that you have the complete documentation and necessary paperwork. Even the tiniest slip-up and your application may not even pass the initial stages of formalities.
This is not to say that receiving an Australian partner visa is insanely difficult. The authorities are very particular and stick to all the necessary procedures which make the whole process seem way more difficult than it actually is. If you provide all the necessary evidence and documentation along with a complete application, your chances of receiving approval are very high. This will also mean faster processing times as the authorities have everything they need to process your application.
What You Need to Know Before Applying for a Partner Visa
In order to be eligible for a spouse visa in Australia, the first and foremost thing is to be legally married or be in a recognised de facto relationship with an Australian citizen, permanent resident or an eligible New Zealand citizen. This is important because the partner usually also acts as a sponsor. If the couple is not married, they must have been in a relationship or must have managed the relationship for at least 12 months before applying for the spouse visa.
They will have to provide the necessary evidence as proof. The period spent on dating or knowing each other online will not be considered under these 12 months. Only proper legal documentation that shows the couple in a proper genuine relationship, for example, financial records that show shared accounts or living arrangements, will be accepted.
For registered de facto relationships, there is an exemption from the migration department if the relationship has existed for less than a year. Such exemptions usually come with their own conditions that have to be satisfactorily met.
- Cases where the applicant provides compelling reasons and compassionate circumstances, the minimum 12-month period will not apply.
- Cases where the partner held or holds humanitarian visa
- Cases where the partner is a permanent humanitarian visa applicant
- Relationships that existed before the partner received their visa
- Cases where the partner informed authorities about the relationship before receiving their visa
- Relationships registered with an Australian authority
Keeping track of all the important points is not easy. If you wish to submit a flawless application, complete with all the necessary documentation, you will have to do the heavy lifting. Even if you engage the services of migration consultancies, you still have to provide them with the proper documentation. There is no alternative. But to help simplify the process, you can always keep the following pointers in mind as you go about building your case.
- Ensure that you apply for the right partner visa
- Make sure you have all evidential documents before applying for the visa
- Have all your documents meet the Department policy requirements for partner visa evidence
- Have your formal declarations that are consistent and appropriate
- Prepare and arrange for police verifications
- Lodge the complete application before the deadline
- The sponsor should reside in Australia at the time of visa application and decision
Problems You May Face While Applying for a Spouse Visa
It is not uncommon for applicants of the spouse visa in Australia to come across a few problems. Many of these problems can be rectified through careful planning and diligence.
Some of the most common ones have been listed below to help you out.
- Absence of evidence: Huge number of partner visas gets rejected due to the absence of evidence and genuineness of the relationship. Proper evidence from the applicant and the spouse regarding the genuineness of their relationship is essential. The sponsor and the spouse need to provide proper evidence of their name, financial conditions, and the nature of the relationship.
- Duplication of application: If the spouse had applied for a visa earlier with another applicant and that visa has got rejected, then the new visa may also get rejected.
- Sponsor eligibility: The sponsor’s income, residential status in Australia, and character matter to get a spouse visa approved.
- Applicant eligibility: Applicants must meet the set eligibility criteria, whether it is health or character requirements or another standard, to avoid being refused a partner visa.
- Character test: The character of an applicant also matters as there should not be any legal allegations against the applicant for the visa to be processed. The person can’t be related to individuals or groups with suspected criminal records.
If some of the common problems we have listed above resonate very closely to your case, or your application for a spouse visa in Australia has been refused, don’t lose hope. Here are several solutions to support you:
- There are options where you can reapply for the visa or make an AAT appeal
- Engage the services of an immigration lawyer to solve your problems
- A migration lawyer can help you gather all the necessary evidence to apply for a spouse visa
- A migration lawyer can advise on the other options available if the visa gets rejected, They may also suggest other options to stay in the country
- Migration lawyers have the relevant knowledge and experience for successful AAT appeals
- Contact a migration consultancy that specialises in Australian partner visas
Applying for a Spouse Visa in Australia
Now that you are quite familiar with the Australian partner visa and how to go about applying for it, you should conduct more research yourself. If you are serious about applying for a spouse visa in Australia, in addition to your own research, you may want to consult professionals. There is no shortage of migration consultancies that deal with Australian visas. However, always ensure that you do business with licensed consultancies that have a good reputation.
If you are looking for a reliable visa consultancy in Melbourne, Connect with Australia is a great choice. They have years of experience dealing with all kinds of Australian visas and can help you apply for a partner visa without much trouble. You can depend on them for hassle-free services and a comprehensive support plan that takes care of all the necessary details. To get in touch with them today, you can call on 0413 441 213 or email them at info@australianmigrationservices.com.au.
