We've launched hundreds of partner visas over the years. With numerous aspects to consider, understanding the requirements and nuances of the application process is crucial. We aim to provide a guide, offering valuable insights into the Australian Partner Visa application, covering various aspects from types and stages to documentation, requirements, and common questions.

If you need to apply for a Partner Visa, please book an appointment here.

Types of Visas Related to Partner Relationships:

Currently, there are three types of visas related to partner relationships: the prospective marriage visa or Fiancée Visa, the partner visa offshore, and the partner visa onshore.  

Prospective Marriage Visa (Subclass 300): Designed for those planning to marry their prospective spouse in Australia and subsequently apply for an onshore partner visa. The evidence required for a prospective marriage visa is generally less. You need to demonstrate your intention to be in a spouse relationship rather than being in a spouse or partner relationship.  

Partner Visa Offshore (Subclass 309 and 100): For individuals in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, applying from outside Australia. Applicants applying outside of Australia will need to apply for an offshore partner visa Subclass 309 which goes to subclass 100 for permanent residency. 

Partner Visa Onshore (Subclass 820 and 801): For applicants inside Australia, the process involves obtaining a temporary partner visa (Subclass 820) followed by a permanent partner visa (Subclass 801).

Stages of Partner Visa:

If you are in a married or de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen and you are being sponsored by your partner, you might apply for a partner visa.  The relationship must be genuine and ongoing.

There are two stages to the partner visa:

Stage 1: is a temporary partner visa.

Stage 2: is a permanent partner visa. 

Both temporary and permanent partner visas allow you to work and study in Australia and you are eligible for Medicare. 

Documentation and Evidence:

We know that every relationship is different, and the Australian Department of Home Affairs may need different kinds of documents to assess your application. Include evidence relating to the nature of your household, recognition of your relationship by family and friends, and your joint financial commitments to each other. 

Married relationship: If you're in a married relationship, you need to provide a legal marriage certificate or registration from in Australia or another country. The marriage document needs to be authentic and legally valid. 

De facto relationship: There are two ways to meet the de facto relationship requirements. 

• Number 1: being in a de facto relationship, which is mutually exclusive, and you've been with your partner for at least 12 months before you apply for the partner visa in or outside of Australia.  In most cases, this would mean you've been living with your partner for 12 months.
• Number 2: register a relationship in an Australian state or territory.  This can allow an application to proceed when the relationship is less than 12 months old. 

You need to provide sufficient evidence to demonstrate that a de facto relationship exists between you and your partner. There are some exceptions to the 12-month rule. For example, if there's a child of the relationship. 

Same-sex couples:

Same-sex couples can apply for partner visas. They will need to demonstrate their relationship based on a married or de facto relationship. 

We’ve been successful with many applications for same-sex couples. 

Genuine and Continuing Relationship Criteria:

The Australian Department of Home Affairs has some standard criteria to assess a genuine and continuing relationship.  The main four criteria are:

• Financial responsibilities: this could include a home loan, joint property, or rental property that is in both parties' names or an active bank account that has both parties' names. 
• Evidence of a shared household: this could include things like bills and utilities. It could include evidence of living arrangements, and it could include things like shared financial responsibility for food and utilities.
• Social commitment: this includes statements from friends and family which attest to you being in a relationship. It can also be shown by photos from social events. 
• Commitment: this criteria includes considerations of how long the parties have been in a relationship and the future plans that the couple has. Such criteria might be addressed in a statutory declaration to help prove the application.

Providing strong evidence addressing these criteria is vital for a successful application.

How long does the process normally take?

Partner visa processing times can vary, typically ranging from six months to two years. Having strong evidence of your relationship can help with processing times. 

You can find the processing times at Home Affairs website: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times

Sponsor Requirements:

Sponsors must be of good character and provide necessary documentation, including police clearances. There are limitations on sponsoring more than one partner within a five-year period.

Main reasons for partner visa refusals:

• Lack of supporting evidence of the relationship. 
• Inconsistencies in the application, and in relation to the telephone interview with the department, if they hold one.
• Not meeting schedule three requirements. This is about not having a substantive visa at the time of application.
• Misleading social media posts and inconsistencies in those social media posts.
• Sponsor problems, for example, failing to update Centrelink that they are in a relationship. 

How can you make an application strong? 

A successful partner visa application requires meticulous planning. You need to have a genuine and continuing relationship and ensure all the documents are provided as part of the visa application. 

How much does a partner visa cost?

The Australian partner visa comes with a significant application fee of $8,850, making it one of the more expensive visa applications.

Obtaining an Australian Partner Visa involves a thorough understanding of the process, careful documentation, and strategic planning. If you have questions or need assistance in applying for a partner visa, our team is here to help. Contact us for personalized guidance throughout your partner visa application.

Sources:

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-offshore

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/prospective-marriage-300

Do you need help with an Australian visa application?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Partner Visa application.

Based in Adelaide, South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

You can book an appointment online or call us at (+61) 8 8351 9956.

Opportunity for you in the Global Talent Visa:

We’ve been working actively with the Global Talent Visa since it was introduced in November 2019. There have been quite a few changes in relation to the Department of Home Affairs' approach to the Expression of Interest and the Global Talent overall priority. It is no longer the top priority, which has gone to Nurses and Teachers through Direction 100.

The Global Talent Visa is taking longer, but there are still plenty of success stories. It is still a good option for those looking to go straight to Australian PR without needing to do a Skills Assessment, especially for those who are over 45 years old. 

I want to give you an update on what’s been happening lately.

Read more about the Global Talent Visa

Expressions of Interest:

Expression of Interest is the toughest of the two stages. The need to demonstrate prominence and achievements in your field and earning capacity of at least the FWHIT currently AUD 167,500 are centrally important.

Some Expressions of Interest still receive priority; for example, we recently got priority for our client whose professional experience is in the area of education.

However, fewer priorities are being given, and overall, you would expect the Expression of Interest stage to take 6 to 12 months.

Welcome to our Australian Immigration News – December 2023! In this blog, we will discuss the conclusion of Covid concessions, alterations in the Temporary Graduate Visa, positive reforms affecting Partner Visas, the opportunity for permanent residency for 482 and 457 visa holders, the replacement of a top bureaucrat, international student news, and the upcoming Government Implementation Plan.

End of the Covid Concessions

The Covid era for Australian Immigration is officially over. The concessions introduced during the pandemic to address travel challenges and support temporary workers in Australia have concluded as of November 25, 2023. Notably, periods of reduced work due to Covid-19 will no longer count towards meeting work experience requirements for new ENS/RSMS TRT stream nomination applications.

Changes in the Temporary Graduate Visa Program

Starting November 25, 2023, all applications for any stream of the Temporary Graduate Visa program must be lodged in Australia.

Positive Reforms for Partner Visas

Exciting reforms have been introduced for Partner Subclasses 309 and 820 visas. Applicants can now receive grants whether they are inside or outside Australia at the time of visa approval. Moreover, Subclass 309 Partner visa applicants can apply for merits review independently, no longer relying solely on the sponsor. This change enhances accessibility for family violence victims.

PR for 482 and 457 Visa Holders

Individuals holding 482 and 457 visas for at least 2 years may be eligible to apply for permanent residency. Those with occupations listed on the Medium or Short-term Skilled Occupation List can apply for the 186 PR Visa, meeting criteria such as Competent English and being under the age of 45, unless specific narrow exemptions apply. Read more here.

Home Affairs Public Servant Replaced – Michael Pezzullo

The governor-general terminated the appointment of Michael Pezzullo, head of the Department of Home Affairs, due to breaches of the Australian Public Service Code of Conduct. The hope is for a more accessible and efficient standalone Department of Immigration.

End of Indefinite Detention

The High Court's decision in NZYQ brings an end to indefinite detention for those unable to return to their original country of passport. Legislation imposing tough conditions on those released is expected to face a high court challenge.

International Student News

Plans are underway to impose caps and potential taxes on international students, likely in response to housing shortages and a rental crisis. As international education is a key industry, there is expected pushback.

Upcoming Government Implementation Plan

Stay tuned for the awaited release of the Government's implementation plan for migration reforms. The Parkinson report hints at significant changes, including point-based visa reforms, Business Visa changes, and the end of Student Visas needing to meet GTE.

Sources

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1147

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-graduate-485

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1136

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1057

https://www.pm.gov.au/media/secretary-department-home-affairs

https://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/2023/37.html

How can Work Visa Lawyers help?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your potential application(s).

Based in Adelaide, South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

You can book an appointment online or call us at (+61) 8 8351 9956.

Australian citizenship can be acquired through various circumstances related to birth. In this blog, we'll explore the three types of citizenship by birth.

Child Born in Australia with at Least One Parent Holding Australian Citizenship

If a child is born in Australia with at least one parent holding Australian citizenship, the child automatically becomes an Australian citizen.

Child Born Outside Australia with at Least One Parent Holding Australian Citizenship

Children born outside Australia with at least one parent holding Australian citizenship them they can apply for Australian citizenship through their parents.

Child Born in Australia – Ordinarily Resident and the 10-Year Rule

If a child is born in Australia and has two parents with neither of whom are Australian Citizens or Permanent Residents, and the child has been ordinarily resident in Australia throughout the first 10 years from your birth Australia as its primary residence up until the age of 10, the Child automatically becomes an Australian Citizen.

Recent case and flexibility by the Australian government

Recent legal developments, such as the case of Minister for Immigration, Citizenship and Multicultural Affairs v Sidhu by his litigation representative Kaur [2023] FCAFC 133, have brought about flexibility by the Full Federal court in interpreting the term "ordinarily resident."

This broader interpretation of ordinarily resident was more generous on how much time the child could be outside of Australia and still get Australian citizenship. In Sidhu, the child’s parents lived and worked in Australia while the child for some years lived with the grandparents in India. The child was still able to become an Australian Citizen on its 10th birthday.

Understanding the pathways to Australian citizenship by birth is crucial for individuals and families. Recent legal developments highlight the importance of flexibility in interpreting residency requirements, providing opportunities for those whose circumstances involve periods of living outside. If you need any assistance, please book an appointment. We are happy to help you.

Stay up-to-date with the latest Australian immigration news! Subscribe to our YouTube channel for valuable insights on immigration topics that matter to you.

State Sponsorship 190 and 491 Visas

The Australian states are now open for sponsorship under the 190 and 491 visas. Check the eligibility criteria for your desired state or territory to see if you qualify.

We have some articles for more information: South Australia / Queensland / Victoria / New South Wales.

Victorian Invitation Rounds

Victoria recently held an invitation round, inviting professionals in various occupations, including Marketing Specialists and Accountants. Having high points for a job in Victoria with a good salary seems to be a relevant consideration from the Victorian Government.

The Victorian Government said that for offshore applicants they are only considering Health, Education, and Social Services.

Selection rounds will continue through September 2023, with the program closing in early 2024. Submit your Registration of Interest as soon as possible.

Western Australia

Western Australia also had the first invitation round for 190 and 491 visas. Some occupations invited were in priority WA Industries: building and construction; healthcare and social assistance; hospitality and tourism; and o education and training. The invitations were to people living in WA, living in other states, and offshore.

Employer-Sponsored 482 to PR in Two Years

If you have held a 457 or 482 visa for over two years, you may be eligible to apply for permanent residency.

Click here to read more about Permanent Residency for employer-sponsored 482 visa holders after 2 years.

Big news coming soon

It is expected that the Minister for Home Affairs will announce the plans for reforms in the next few days or weeks.

One of the changes that may be coming is Refining the Points test

In addition to points we have already covered; the table says better targeted skilled migration will:

• Introduce new permanent skilled visa settings, including exploring a revised points test
• The points reforms could include more points for skilled partners. 
• A more granular system in terms of age and points, for example not losing 10 points when you turn 40. There is also the possibility of cuts to regional points.

The Australian Government has announced changes that will allow short-term 457 or 482 visa holders to have a pathway to permanent residency in Australia after 2 years. If you have held and worked on a 482 visa for at least 2 years, you can apply from November 25, 2023.

Employers will be able to nominate holders of all Temporary Skill Shortage (TSS) 482 Visa, including Short-term and Labour Agreement streams. The nominated person will need to have held their TSS or subclass 457 visa(s) for 2 out of the 3 years before nomination.

Before, only Temporary Skill Shortage (TSS) 482 visa holders whose occupations are on the Medium and Long-term Strategic Skills List (MLTSSL) could apply for an Employer Nomination Scheme (186) visa under the Temporary Residence Transition (TRT) pathway after 3 years of full-time employment with the sponsoring employer while on a 457 visa or 482 visa.

Short-term 482 to PR 186

From November 25, 2023, the 186 Temporary Residence Transition stream will become available to the majority of 482 Temporary Skill Shortage visa holders. It will no longer be restricted to 482 visa holders with occupations listed on the Medium and Long-term Skilled Occupation List. In addition, the required length of employment with your sponsoring employer will be reduced from 3 years to 2 years.

If your occupation is on the Short-term Skilled Occupation List (STSOL), you will also be eligible to apply for the 186 Temporary Residence Transition after working in Australia for your employer-sponsor with a 482 visa for 2 years.

Medium-term 482 to PR in 2 years

Previously, medium-term occupations required 3 years on a 482 visa to be eligible to apply for permanent residency. When the changes start, all 482 streams can access PR and the work experience requirement will now be reduced to 2 years.

Common medium-term occupations include roles such as Registered Nurse, Diesel Mechanic, Carpenter, and more.

Below we have summarised what the changes mean:

South Australia (SA) offers many opportunities for skilled migrants. With 503 occupations listed on the SA Skilled Occupation List and four available streams, you may be eligible to apply.

South Australian Graduates Stream

International graduates who have selected South Australia as their study destination are given preference within the General Skilled Migration program.

The criteria to apply include:

• Have completed your qualification at a South Australian education provider
• A minimum of 50% of your qualification must have been completed in South Australia
• Must have resided in South Australia for at least one year during your studies
• Have been residing in South Australia for at least the last 12 months
• Have been working for the last 6 months, and be currently employed, in a full-time (at least 30 hours per week) job that is relevant to your nominated occupation

You can check all the criteria here.

The migration allocations for the year ending 30th of June 2024 have zero allocations for Business and Investor Visas. That signifies that there are no Business or Investor Visas available for this year, as illustrated in the chart below.

This means it will not be possible to get a state nomination for any of the four streams of the Business and Investor Visa Program. 

The four streams of the Business Innovation and Investor Programme (BIIP) are:

• Business Innovation stream
• Investor stream
• Significant Investor stream
• Entrepreneur stream

 Why did they close the Business 188 visa?

The Parkinsons’ Migration Review Final Report had several negative comments about the Business Innovation and Investor Programme. These negative comments included that the overall age of business Visa applicants is higher than other visas and that this could cause high medical expenses. Further, there were comments that 188 Visa holders had low incomes while in Australia.

In relation to the income point, we argue that this was based on accurate information that underestimated the range of income generated by Business Visa holders, including through their business and personal. 

The migration review also recommends revisiting the allocation of places across the permanent skilled program. In particular, it suggests reconsidering the size and role of the Business Innovation and Investment Program (BIIP), noting more positive outcomes from the Significant Investor Visa.

Other visa options

If you do not want to wait until new Business and Investor Visas are announced, you may consider the Global Talent Visa. 

To learn more about the Global Talent Visa and to explore your immigration options, please visit: https://www.workvisalawyers.com.au/services/global-talent-distinguished-talent-visas/global-talent-independent-visa.html

New Investor Visa opportunities coming from July 1, 2024

The Migration Review Final Report did mention some positive contributions by their Significant Investor Visa and suggests consideration be given to whether the BIIP is retained as a substantial program.

We expect a redeveloped version of the Significant Investor Visa to be introduced from 1 July 2024. 

On page 66 of the report, there are suggestions that consideration should be given to whether the BIIP is retained as a substantial program: “We note that outcomes for the small Significant Investor stream have been stronger than for the remainder of the BIIP. If there is a desire to retain some element of the BIIP, consideration could be given to drawing on the relative strength of this stream in designing a niche investment visa product, much more sharply targeted to select migrants able to drive innovative investments or play a valuable role in the venture capital industry.”

It is expected that the new investor Visa will be similar to the current significant investor Visa and may require: 

• $5000,000 investment into a complying investment
• Complying investments are yet to be determined by the federal government and may include a stipulated percentage of investment into venture capital.

If you intend to invest in Australia, we can help you find the best Australian business visa options. Our team of experienced Immigration Lawyers and Migration Agents looks forward to assisting you. If you are interested in a Significant Investor Visa for Australia, please contact us.

Sources:

https://immi.homeaffairs.gov.au/what-we-do/migration-program-planning-levels

https://www.homeaffairs.gov.au/reports-and-publications/reviews-and-inquiries/departmental-reviews/migration-system-for-australias-future

https://www.homeaffairs.gov.au/reports-and-pubs/files/review-migration-system-final-report.pdf

 How can Work Visa Lawyers help?

If you need help with this visa, Work Visa Lawyers can assist you.

Work Visa Lawyers is highly experienced in all parts of an employer-sponsored visa application process. We can assist with all aspects of the application and will provide an eligibility assessment before advising you to proceed with a visa application.

Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world. You can book an appointment online or call us at (+61) 8 8351 9956.

New South Wales (NSW) intends to commence invitation rounds for the Skilled Nominated visa (subclass 190) next week. NSW will no longer rely on specific ANZSCO unit groups to compile a skills list. Instead, it's adopting a dynamic sector-focused strategy to meet the demands of the job market.

NSW Target Sectors

The priority sectors identified by NSW closely mirror the current skills shortages within the state. These key areas include:
• Health
• Education
• Information and Communication Technology (ICT)
• Infrastructure
• Agriculture

Greetings to all aspiring immigrants and those keen on keeping up with the latest developments in Australian immigration. Here's a roundup of the most recent updates you need to know:

VETASSESS Skills Assessment Changes

VETASSESS has stopped taking skills assessments for the trade occupations of Chef, Cook, Diesel Motor Mechanic, Motor Mechanic (General), Fitter (General), Electrician (General), and Metal Machinist (First Class). This change comes as a disappointment to many tradies.

For more information: https://www.youtube.com/shorts/f6rVvopc19o