Australian partner visa program

Valentine’s Day is a special time to celebrate love, but for couples where one partner is a foreign citizen, the journey to live together permanently in Australia can be complex.

Australia offers several Partner visa options that allow couples to unite and build their life here. Understanding the visa pathways, eligibility requirements, and how to prepare a strong application can make the process smoother and increase the chances of success.

Australia provides different Partner visa options depending on the circumstances of the couple. These visas allow the foreign partner to live temporarily or permanently in Australia with their Australian citizen, permanent resident, or New Zealand citizen partner.

There is a lot of thought and preparation that goes into a decision to submit a partner visa especially with an Home Affairs application fee of nearly $10,000 for the primary applicant alone. We cannot put a price on love, but moving the Australia with a foreign citizen partner certainly can be a significant investment. Further consideration in addition to the cost of the visa application fee which is payable upfront is the processing time which could stretch to 31 months before Home Affairs makes a final decision on the grant of the partner visa.

To add some more fuel to the fire of love, there are currently about 5000 appeals in the family visa category, majority in the partner visa program, pending before the Administrative Review Tribunal with processing times for appeals from 22 months to three and a half years. If your partner lives outside Australia, they will remain offshore while waiting on the processing of the application or appeal. If your partner happened to be in Australia, they will be granted a bridging visa for the long wait, but would they have work rights, can they travel outside Australia?

The eligibility criteria seem straightforward - two people over 18 years old who are in a consensual, legally recognised, genuine and continuing relationship to a shared life to the exclusion of all others and meet health and character requirements. Behind the simplicity sits a complex statutory regime of criteria and definitions all applications must satisfy. Show that they indeed share a joint household, finances, social life and the nature of the couples commitment is well into their joint future.

Home Affairs makes a careful assessment of the authenticity of the relationship. Providing detailed and organised evidence strengthens the application and helps demonstrate that the relationship indeed satisfies all relevant criteria.

A well-prepared application can significantly improve the chances of approval. So here are some simple practical tips:

• Gather comprehensive evidence: Include documents that cover financial, social, and household aspects of the relationship.

• Provide personal statements: Both partners should write clear statements describing the history and nature of the relationship.

• Long-distance relationships: Provide detailed communication logs, travel records, and plans for future cohabitation.

• Short relationships: Explain the circumstances and provide strong evidence of commitment.

• Meet health and character requirements: Complete all necessary medical examinations and police checks within 12 months prior to the decision.

• Health issues: Obtain medical advice early and disclose all information honestly.

• Character concerns: Provide police certificates and comprehensively address the character criteria.

• Be honest and consistent: Inconsistencies or false information can lead to visa refusal and ban of 3 or 10 years on future visa applications.

• Seek professional advice: Immigration laws can be complex. An immigration lawyer can help you with the heavy lifting and reduce the stress.

As with the planning of your Valentines Day, you just cannot afford to get it wrong! Prepare the perfect application and don't take any risks.

Photo by Laura Ockel on Unsplash