When You Are Looking for A Partner Visa Australia 2022

ByEducation Embassy

Guidelines to Follow to Get Your Application Processed for an Australian Partner Visa

 

The Australian spouse visa is a complex process and you need to keep patience as this will demand time and effort. You need to gather the essential documents as evidence. These are eligibility criteria that every candidate needs to accomplish before applying for a spouse visa.

 

 

Understand What Is Australian Permanent Or Temporary Visas?

An Australian spouse visa is also known as an Australian partner visa. The prime applicant for the visa means the spouse of the Australian citizen who has permanent residency in Australia or a Citizen of New Zealand. When you will grant this visa, the can be eligible to let your spouse, De facto partner) Finance or in a committed relationship) to immigrate to Australia.

 

Check The Eligibility Criteria for The Spouse Visa in Australia

The main eligibility for a Spouse Visa in Australia is that you have to prove you’re your relationship long-term and genuine.

  • You and the spouse have been in a relationship for the last 12 months or more.
  • You and the spouse are living together permanently.
  • Pass the required health and character criteria.

Australian borders are open from the 21 February this year. Now, almost anyone can come to Australia and stay as long they are fully vaccinated. There are some rules and criteria one needs to follow. So, if you want to apply for the partner visa in 2022 you need to follow these conditions.

 

 

What If, You Are Not In Australia Presently?

As a very first requirement, you need to come to Australia (on a temporary Visa) and now from here, you can apply for the onshore partner visa (subclass 820/801). Now, the question is why you are suggested to come to Australia if not in Australia. The reason for the same is that you won’t have to wait to live together during the processing time which is a time-consuming process and, in some cases, this can be long as 28 months. Living together in Australia strengthens the proof that you are in committed relationships, the main evidence for the Partner visa Australia. You can apply for any temporary visa like a tourist visa that will allow you entry into Australia. When you are in Europe, East Asia, or North America then you can get the E-visitor or ETAs easily.

 

What If, You Cannot Come To Australia?

When you are unable to get the visitor visa easily to make sure your entry in Australia, then another option favorable for you is to apply for the offshore Partner Visa (subclass 309). If you are engaged, then you can get the Prospective Marriage Visa (subclass 300). This option is available for those who do not meet the criteria of the De Facto relationship. Even with this case, you need to get married within 9 months after the visa is granted to you.

 

What If, You Are in Australia on a Temporary (Non-Bridging) Visa

You can ask for the Onshore Partner Visa (subclass 820) as usual. This needs to be gotten when your current visa is expired. You will automatically get the bridging visa. In simple words, this allows you to live in Australia by the time your application is processed.

 

What If, You Are in Australia on A Bridging Visa

The applicant should have a substantive visa to be qualified for the 820/821 application. When you are on a Bridging visa, and then have to meet the schedule 3 requirements to get your partner visa. It means if you have to apply for another visa and are on a waiting period to hear from the immigration regarding the same. If your visa application is refused or waiting to get the Tribunal to review o the decision, then this will be a tougher idea to get the 820 visas. The schedule 3 requirements of the Migration regulations 1994 are difficult to meet with these above-mentioned conditions. Still, you get the options to fulfill the requirements mentioned below:

 

1. When You Meet The Schedule 3 Requirements

In this case, you can apply for the 820 visas for the compelling reason for not applying overseas. The schedule 3 waivers are granted for the cases with:

  • The applicants have a child together and the child was a natural Australian. Going to another country will affect the well-being of the child.
  • The visa applicant is injured seriously and is unable to leave the country due to medical reasons. The circumstances are not under the control of the applicant.
  • The Australian partner is dependent on the visa application due to medical reasons that can’t be avoided and if the person leaves Australia then be badly affected.

To prove all of these incidences, please submit strong evidence for getting the Schedule 3 required.

 

2. What If, You Do Not Meet Schedule 3 Requirements

If you do not meet the schedule 3 requirements, then you can still apply for the Partner Visa. These are necessary steps you need to take:

  • The initial step includes upgrading your Bridging Visa B. This will make you help in returning to Australia. You are not required for the travel exemption though to return to Australia when fully vaccinated.
  • You can leave Australia for any country but not your home country. Then you can be applicable to apply for the offshore Partner Visa (subclass 309/100).
  • You can use the Bridging Visa B for your return to Australia and wait till the time your application is processed.

 

You can then get your partner’s Visa and no need to live away from the partner.

 

Before COVID times, offshore Partner Visas were allowed in case the applicant is offshore. Now, after the amendments are made to the rules and the applicant can ask for the offshore Partner Visas when in Australia. This concession is to lessen the unnecessary travel. When your offshore Partner visa is ready to be granted, then you won’t need to leave Australia till the time visa is granted. This concession is active now, and can’t be sure by what time it will remain active. So, if you have similar requirements, apply quickly.

 

Conclusion – Coming to Australia and living with your partner is a dream come true. This is a complex process and requires paperwork and effort. If you are not sure how t process then the Education Embassy is a leading company of registered migration agents in Brisbane, Australia loves helping you with your application. You can schedule your call and our expert will try their best way to get your partner’s visa without delays.