Partner Visa Australia – Application, Requirement, Checklist and Processing Time

Permanent residents and Australian citizens may support their spouses (and same-sex partners) to opt for a Partner visa. This type of visas is obtainable to married individuals, who are supposed to get married, or for individuals who have been staying in the same apartment in a real relationship for one year or more. You are […]

Permanent residents and Australian citizens may support their spouses (and same-sex partners) to opt for a Partner visa. This type of visas is obtainable to married individuals, who are supposed to get married, or for individuals who have been staying in the same apartment in a real relationship for one year or more.

You are required to send in your application for a permanent and temporary visa. You can do this by finishing your application and keeping it with the right organizations so it could be made to go through an evaluation.  If you satisfy the criteria after the evaluation for this visa type, then you may earn yourself a temporary Partner Visa.

The legitimacy of this Visa endures until when you obtain your Permanent Visa, typically two after you file for it. If you fulfilled all the conditions you were given to, then you’ll indeed have your Partner Visa. Anything short of that will amount to non-issuance of the Partner Visa to you.

Types of Partner Visa 

The Australian Immigration guidelines offer different spouse visa and partner visa types that you can apply for contingent on the criteria and requirement that you have to satisfy to have one. Hence, if you want to sponsor your partner to Australia, the partner visa types below are your best bet:

Prospective Marriage Visa

This type of visa lets an individual set to marry an Australian citizen or a permanent resident of Australia to relocate to Australia and tie the nuts with their partner. A Prospective Marriage visa has a validity of just nine months and comes with complete work rights. 

Provisional Partner Visa

This type of visa lets an Australian citizen or a permanent resident of Australia who is in a de facto relationship with a sponsor that is not Australian or married to him/her to support their partner’s migration (and same-sex spouses) to migrate to the country.

Partner Visa Australia Requirements

  • You may be inside the country during the application of this visa type.
  • You may be outside the country when your visa is approved.
  • Live by all lawful criteria predetermined under the Australian law.
  • Ensure that you meet the legal criteria two years after the issuance of your temporary visa. 
  • Pay for the application process and visa costs.
  • Health assessments are necessary for this process and are prepared to settle the cost for the health check-up.
  • Police search may be essential, and you may pay for this process to be done in your country.

Partner Visa Australia Checklist

The documents below are needed for the application for your Australia Partner Visa. Ensure that you get all these papers stated below for the effortless collection of your Australia Partner Visa:

  • 40SP Sponsorship paper for the migration of your partner to Australia 
  • 47SP Application paper for the migration of your partner to Australia
  • An authorized duplicate of your passport’s first page 
  • Papers to confirm your identity 
  • A confirmed duplicate of your name change, if you changed your birth name at some point before you applied for the visa 
  • Two up-to-date passport photographs 
  • Papers to confirm your affiliation with some important persons like your partner.

What Is Schedule 3 Partner Visa, And When Does It Comes to Effect?

Schedule 3 lay down extra demands for the onshore procession of partner visa in situations where an applicant does not have a substantive visa during the period when he lodged his visa application. By definition, a substantive visa represents any visa that excludes an enforcement visa, criminal justice visa, or bridging visa.

Schedule 3 creates the environment for visa hopefuls who would not have entitled to an onshore visa grant (due to their dishonest standing in Australia) to be granted a partner visa after application. This also applies while they stay in Australia (instead of leaving and then applying for the same visa from outside the country).

Examples of Individuals to Whom Schedule 3 Might be Relevant to

The individuals to whom Schedule 3 may be relevant are those who have remained in Australia illegally after their substantive visa expiration. It is also applicable to those whose visa has been annulled. Lastly, it is open to those who entered the country through unlawful means and who don’t have one in the first place. 

What Are The Schedule 3 Requirements That Apply To An Onshore Partner Visa?

You’ll have to meet the criteria below to qualify to make you eligible for an onshore partner visa if you don’t have one. They are applicable if:

  1. You came into Australia holding a Diplomatic (Subclass 995) visa or if you held a special purpose visa when you came in, met specific requests; and you keep to the requirements of the Schedule 3; or
  1. You keep to the demands of the Schedule 3 3004, 3003and 3001 criteria, except the Minister for Immigration, is pleased that there are convincing grounds for not satisfying those criteria. 

The criteria for schedule 3 3003 and 3004 are identical, with the date when a resident became an illegal Australian non-citizen being the only differentiating factor.

You may want to note the reference made concerning the substantive visa and terms entry permit. Starting from September 1st, 1994, entry permits became replaced by substantive visas. 

Schedule 3 criteria 3004 and 3003 know that a situation can occur where, even though an Australian non-citizen has remained in Australia after their visa expired, they can, however, remain onshore. 

Processing Times

On the Department of Home Affairs’ official website, the time for visa processing is published, and this information is updated every month to capture any change. This provides the individuals applying for it with a timeframe of the length of time the processing of their visa will take. 

The most recent processing times partner visa is:

  • Subclass 309 (Offshore Partner Visa) – 16-22 months
  • Subclass 820 (Onshore Partner Visa) – 19-24 months 

These times are just an approximation, and there are periods when your visa may take a shorter or longer time to process.