Applying for partner visas outside AUS

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Created on Monday, 22 October 2012 16:34

Written by Editorial staff

If you're looking for a way to join your family in Australia, there are a number of options available through the Department of Immigration and Citizenship (DIAC).

If you have a partner in Australia and you're looking to apply for a visa while you're outside the country, then you'll be looking to apply for a Partner Visa, a Prospective Marriage Visa or the Humanitarian Program - split family provisions.

The Partner Visa entitles the successful applicant to work and live in Australia and after two years, if the relationship is ongoing, you can apply for permanent residency. Partners in Australia are classified under immigration law as married partners, intended to be married partners or de facto and the defining characteristics for de facto couples can be found on the DIAC website.

Basic roles in the application include:

The sponsor, who undertakes the role of sponsoring an applicant who is applying for a visa to enter Australia.

The applicant, who gathers the appropriate paperwork and applies for a temporary visa under the Partner Visa.

The sponsor and applicant must be in a committed relationship prior to submitting the application and must continue their relationship after the temporary visa is lodged.

For the subclass 309 Partner Visa, the entitlements include remaining in Australia until a decision is made regarding permanent residency. It also includes working, studying and access to Medicare.

For the 100 subclass, the entitlements are the same as all from the 309 subclass plus possible access to some social security payments, as well as eligibility for citizenship (which is subject to its own set of criteria as well).

The job of submitting this visa can be undertaken at Australian immigration locations such as embassies or High Commission offices.

The obligations for the applicant and sponsor vary but the majority of responsibility falls on the sponsor, as they hold responsibility for all finances that are owed to the federal government (if any) by the applicant. As well as this, the sponsor must provide accommodation and financial support to provide a reasonable lifestyle for the applicant.

Be sure to discuss any questions you may have regarding the submission of a visa application with an experienced migration agent, who can help you work through the process.