Posted on August 23, 2016 | Updated August 26, 2016 |
Filing this sponsorship and application packet is simple, straightforward and needs common sense. However, to ensure proper compliance for common law, de facto or partnership by marriage will require an extraordinary amount of time and patience.
Partner/Spouse Visa Options
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Partner category visas have three categories:
In addition, the spouse or de factor partnership must
For De Facto Partners – who are being sponsored in any of the following categories - a permanent, Business Skills (Provisional), Student (Temporary), Partner (Provisional), Partner (Temporary), or a General Skilled Migration visa, the de facto relationship must have existed for at least 12 months immediately before application is lodged and received by the Department of Immigration and Border Protection (DIBP).
Partner Visa Application may be lodged outside or inside Australia
Applying outside Australia is a two-step process:
You can apply if you intend to marry your partner before a decision on your visa is made.
In most cases, permanent residence cannot be granted less than two years from when you lodge your application.
Provisional and Permanent Visa – Foreign spouses/partners are usually granted provisional residency status. However, the usual two-year waiting period may be waived if
Married applicants must ensure that their marriage is valid under Australian law. Regulations state that “underage, polygamous and same-sex marriages are not legal in Australia. The marriage could be valid under limited circumstances if one person is younger than 18 years of age. Same-sex couples can apply for this visa based on their de facto relationship.”
De facto applicants
A de facto or common-law relationship “must have existed for at least 12 months immediately before applying for this visa. Time spent dating does not count towards the length of the claimed de facto relationship.”
The 12-month de facto relationship may be waived and the visa granted if the sponsor/applicant can
Applicant partner (AP) must meet certain health requirements. Results of health examinations of all dependent family members (whether migrating or not) are generally valid for 12 months.
Character requirements . AP must provide a police certificate from each country that s/he had lived, worked, stayed in for 12 months or more during the past 10 years after turning 16 years of age. However, applicant partners (and dependent family members listed in the application, whether migrating or not) should not arrange for police certificates until instructed by the Department.
Debts to the Australian Government - AP must not have any outstanding debts to the Australian Government or have arranged to repay any outstanding debts to the Australian Government, otherwise the visa would be refused.
Biometrics-Instructions if required shall be as provided as part of the application.
Family members who could be included in your application are
Documentary evidence of the child's relationship to the applicant/sponsor must be provided.
After you have applied – Your application will be properly acknowledged with file reference identifier. If application was done online, tracking is possible using an ImmigAccount created during filing.
Decision on your visa application may take some time. Delays may also be possible due to character or health checks. To check the average or standard processing time for visa applications, click here - http://www.border.gov.au/about/access-accountability/service-standards
Applicants are advised not to make arrangement – quitting your job, selling your house or abandoning residence, book your travel to Australia until a visa decision in writing is issued.
Visa decision- If the visa is granted, instructions on when to use the visa (validity) the visa grant number and any other visa conditions will be issued as well. If not granted, a reason for refusal, review rights and deadline to lodge an appeal shall also be provided.
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