PARTNER VISA – ONSHORE Subclass 820/801 & OFFSHORE subclass 309/100

NZ Partner Visa subclass 461; & Fiancé visa subclass 300

IMPORTANT FACTS TO NOTE ABOUT PARTNER VISA APPLICATIONS:

• Simply finding Australian Partner as sponsor (Resident/Citizen of Australia) and “dumping” partner visa application to get through Permanent Visa (or some of the persons also paying to sponsor); you are making a Big Mistake and it will not only disappoint you but you may be barred to apply again for certain period of time or life time so you must be a genuine applicant for partner visa; never fall a trap to ‘unscrupulous’ elements of society where they lure you to make an application for partner visa which is not genuine; such applications will fail and now the govt. visa fee is A$8,000 which you will lose and in appeal also you will lose so unless you have genuine relationship our best advice to you that never apply partner visa.

• • To apply for partner visa you – visa applicant must have genuine, continuous, ongoing, mutually committed and exclusive to all others relationship with your sponsor – it means both of you must have above said relationship – there are only five words but the policy behind it runs into several hundred pages and unless you have genuine relationship your application can fail.

• Recent changes made by Dept of Immigration, Australia are not only DRASTIC but also Complex, Challenging and Demanding to make partner visa application. It will be you and your sponsor who will provide all correct information, supporting documents, explanation, and evidence at the time of application and you will continue this exercise time to time till you receive reply from Dept of Immigration, Australia. It means Dept of Immigration will not ask you further information or documents or evidence and if you or your agent does not pay attention to requirements, you will fail in your application and probably you can fail at your appeal also. In brief, the responsibility now lies on you and your sponsor to keep department up to date about your partner visa application.
• For partner visa application, you and your sponsor must meet with requirements of Dept. of Immigration, Australia at the time of application, ongoing requirements while application is under process and at the time of visa grant and later when you apply for second stage of partner visa application and that will be your permanent partner visa application.

• Partner visa processing now takes much longer than expected so be patient and do collect required documents and submit them to department time to time. First stage may take about a year or year half or may be two years and second stage similar time frame – in all partner visa application now takes anything between 3 to 5 years and this is a very long period of time to keep patience. Many applicants think that by producing a child in Australia, they will get through permanent visa easily, it is a wrong assumption, because, documents can support the application but documents will not prove the relationship. Applicants must be very careful now dealing with department for partner visa application.

• Partner visa application could be onshore subclass 820/801 if you are eligible to apply onshore and it could be offshore subclass 309/100 – in this case you apply from outside Australia. Partner visa application can be based on Married spousal relationship where two partners are married to each other OR it could be on De-facto basis having 12 months of relationship and without marrying to each other; it could also be between same sex or opposite sex.

• In any case, whatever be your scene to apply whether married or de-facto or same sex or opposite sex, you must prove relationship at the time of application and it is now demanding, challenging and complex task as changes in laws time to time have made it very difficult to get through couples who are not genuine in their relationships.

• Partner Visa applications are time consuming and involves lot of paper work and documentation and preparation of documents have now become an exhaustive exercise –one little mistake can end up in rejection of case – because Govt. Visa fee is very high A$7,000 the applicants think about engaging ‘the cheapest agent’ possible and that would turn out to be the biggest mistake if you were looking at the costs to save the money.

• We have tremendous experience in dealing with Partner visa applications and please feel free to contact us for initial consulting and determine your eligibility to apply either onshore or offshore. We are certainly not the cheap agent but we do offer our services at the most reasonable rates and our past clients have always recommended our services to people known to them and we are very happy about our success in partner visa applications. Not only that, we have experience of various nationalities and different cultures in applying for partner visa applications. We can certainly tell you from our past experience of over 18 years that Partner Visa applications are not easy at all and they do demand plenty of time before lodgement, after lodgement, ongoing attention, collection of documents, submission of documents, giving information, explanation and evidence at all the stages of partner visa application because the entire process from beginning to final outcome ranges between 3 to 5 years at least so never expect that you will get residency in 6 months time!

• Be prepared to answer ODD Questions of Dept of Immigration while your partner visa application remains pending with them; Dept now a days, Dept comes up sometimes not only odd questions but “weird” questions about your previous relationship or adult children or current relationship or anything which you would have never thought about it and how would you answer such queries of Dept when you are caught unaware!!! If you have engaged “cheap” agent, you probably will end up in very odd situation as none of you will have any clue to answer those questions – Don’t worry if you were to be our client we would face music of all kinds as we have faced such queries of Dept of Immigration several times in past for our clients and we have successfully answered them their queries and we have received successful outcome of partner visa applications of our clients. We told you we have tremendous experience in dealing with partner visa applications and please feel free to contact us for initial consulting such as if relationship is short of 12 months before applying or one partner is still married to ex-partner or you will difficulty in obtaining police check and so on – the list of queries will be endless so the best thing for you to contact us and we will be very happy to provide you our services for partner visa at the most reasonable costs to you. We have also handled AAT Appeal for Partner Visa Refusal cases successfully and if you wish us to handle your AAT Appeal please do contact us for initial consulting.

Partner visa – Onshore (subclasses 820 and 801) (if you wish to apply in Australia while remaining in Australia)

 

The Partner visas (subclasses 820 and 801) allow the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia. The temporary Partner visa (subclass 820) is granted first and lets you stay in Australia while the permanent Partner visa (subclass 801) is processed.

Eligibility

You must be married or in a de facto relationship with:

 a. an Australian citizen;

b. an Australian permanent resident;

 c. an eligible New Zealand citizen.

Your marriage must be valid under Australian law. This means you must have parental permission if you are 16 or 17 years of age.

You must have been in a de facto relationship for at least 12 months.

On the temporary 820 visa, you can stay until a decision is made on your permanent Partner visa (subclass 801).

On the permanent 801 visa, you can stay permanently.

Visa Applicant documents

Identity documents (Documents to prove your identity)

One of the following:

a. a birth certificate showing the names of both parents;

b. identification pages of a family book showing the names of both parents;

c. identification pages of an identification document issued by the government;

d. identification pages of a court-issued document that proves your identity;

e. identification pages of a family census register;

The page of your current passport showing your photo, personal details and passport issue and expiry dates.

Two recent passport photographs (45 mm x 35 mm):

a. the photograph should be of the head and shoulders only against a plain background

b. the applicants name must be printed on the back of the photograph

c. A national identity card, if you have one.

Proof of change of name, if applicable.

Documents about your relationship with your partner

Two of Form 888 – Statutory declaration by a supporting witness in relation to a Partner or a Prospective Marriage visa application;

a. Proof that your relationship is genuine and continuing;

b. If you are married, your marriage certificate;

c. If you are in a de facto relationship, documents that prove this relationship;

d. Documents about other relationships;

If you have previously been married, widowed, divorced or permanently separated, provide divorce documents, death certificates, separation documents or statutory declarations.

Health documents – You must undergo health examination and

you do not need to provide any documents to show you meet our health requirement. Your doctor will send them to us.

Character documents

Completed Form 80 – Personal particulars for assessment including character assessment;

Police certificates

If you served in the armed forces of any country, military service records or discharge papers.

Sponsor documents

You can lodge your sponsorship form online after your partner has lodged their visa application and given you their Transaction Reference Number (TRN) or application ID.

Identity documents

Proof that your sponsor is an Australian citizen, Australian permanent resident or eligible New Zealand citizen;

• If your sponsor is an Australian permanent resident or eligible New Zealand citizen, proof they usually live in Australia;
• Character documents
• Police certificates

If you served in the armed forces of any country, military service records or discharge papers.

Dependents under 18

For each dependent under 18 who is applying for this visa with you, provide:

• identity documents
• character documents, if applicable
• documents about other relationships, if applicable.

If anyone else has a legal right to decide where your child under 18 lives, proof of their consent to your child getting this visa

If the dependent is 16 or 17 years of age, a completed Form 80 – Personal particulars for assessment including character assessment.

Adoption papers or parental court orders, if applicable.

If the dependent is 16 or 17 years of age, police certificates, if applicable

Police certificates for your sponsor.

Dependents 18 or older

For each dependent who is applying for this visa with you, provide:

• identity documents
• character documents, if applicable
• documents about other relationships, if applicable
• a completed Form 47a – Details of child or other dependent family member aged 18 years or over
• proof of your relationship with the dependent such as a birth or marriage certificate
• proof that the dependent has been financially dependent on you for at least 12 months immediately before you apply
• adoption papers or parental court orders, if applicable.

Application for 820/801 is a combined application for partner visa and you pay one Govt fee which is A$7,000 and can change over period of time. Processing time for 820 is about one and half year or more and same is the case with 801 so in all applicant must have patient to wait for 3 to 4 years and in some cases up to 5 years to receive permanent partner visa.

Important questions to note in partner visa cases are as follows:

• You only have travel card as sponsor and your partner is living in third country (it means that partner was born in Afghanistan and now living in Pakistan or other country and that person also may not have proper travel documents and you received travel card of Australia coming to Australia illegal as boat person and now wish to sponsor your partner and these situations are extremely complex and demand Expert’s advice which may cost you A$500 but it will be worth spending the small amount as compared to spending Govt Visa Fee which is A$7,000)

• You have included dependent children above 18 and you must note now up to what age Dept of Immigration will allow you to consider them as dependent

• De-facto relationship is less than 12 months at the time of application – whether you can apply or not and if so, how would you meet the criteria for applying on relationship less than 12 month for de-facto

• One of the partners – sponsor or applicant still is in ‘married’ relationship – whether visa applicant can still apply for partner visa – the divorce proceedings may take longer so visa applicant wishes to lodge application ASAP – would it be advisable?

• New Zealand Eligible Sponsor – what do you know about it?

• While application is under process Dept of Immigration will come up with ‘very odd’ or ‘weird’ questions about your current or past relationship or about background of visa applicant or sponsor and how would you answers those ‘odd’ or ‘weird’ questions??

• Visa applicant MUST meet with criteria at the time of application and if you missed out what can happen???? What are those criteria???

• If you are an unlawful non-citizen wishes to lodge partner visa application and how far you can succeed or will you lose money of govt. visa fee which is A$7,000?

• What would be your AAT appeal rights if your visa is refused? How would you lodge AAT Appeal for visa refusal? What would be your chances to win AAT Appeal?

• Sch 3 criteria – what is it???? Will you able to overcome these criteria??? Would it be worth lodging application onshore or would you go overseas??

• Conditions 8503, 8534 and 8535 ‘No Further Visa’ – would you be able to lodge application onshore? Would you get waiver? Will it be advisable to apply onshore?

• Banned Period of 3 years or more on Bogus Document, Overstay in Australia, Fraud, Incorrect Information – can you get waiver for Ban Period? Will you able to apply after ban period is over? Will you succeed in your application?

• Hundreds and Thousands of queries can be raised by Dept of Immigration, Australia and we have vast experience in dealing with Complex, Challenging and Demanding Partner Visa Cases so it will be utmost necessary for you to seek Initial consulting before applying for partner visa either onshore or offshore and small amount of fee will save you thousands of dollars. We have also dealt with AAT Appeals for partner visa refusal cases successfully. Please feel free to contact us anytime suitable to you and we will be more than happy to discuss with you your situation of applying for partner visa onshore or offshore.