ARTICLE
10 March 2023

Partner visa - Australia checklist

JS
JB Solicitors
Contributor
Our team would be known as inspiring leaders within the community, displaying strong leadership on important issues in society even if it comes at a short-term cost. In delivering value by being both innovative and convenient, using technology and shifting the culture of work-life in the profession, we will attract the best and most diverse team of people. By creating opportunity and revolutionising our segment of the Profession through innovation and convenience for clients, we will assert a strong belief that having work experience at JB Solicitors is a door-opening in the legal profession. The knowledge and experience gained in working at our firm will be equivalent to, if not better than, obtaining an internship at a large top tier law firm.
This Partner visa - Australia checklist may help people with partners residing overseas, who want to move to Australia.
Australia Immigration
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People who have partners residing overseas may need a partner visa - Australia checklist so they can move to Australia with ease. Australia's Partner visas can either include temporary or permanent visas that permit married or de facto partners of Australian citizens to live in Australia with their partner/spouse.

Checklist of documents for the resident and their partner

  1. Original and latest copy of birth certificate of the resident and their partner ☐
  2. Passport ☐
  3. Verification of name change, if applicable ☐
  4. Australian Federal Police check ☐
  5. Police check from other countries that they've lived in the last 10 years ☐
  6. Details and evidence of current employment ☐

Apart from these documents, there are some additional documents that the resident and partner will need to provide. Read on to find out.

The Australian Department of Home Affairs is the government agency responsible for immigration and customs border policy. Some of their services include:

  • National security operations and policy
  • Crisis management, disaster recovery, and Emergency management
  • Counter-terrorism policy and coordination
  • Cyber security policy and coordination
  • Prevention of foreign interference
  • Protection of vital infrastructure
  • Multicultural affairs
  • Programs to combat violent extremism
  • Transportation Security

These visas also permit permanent residents, and qualified New Zealand citizens to remain in Australia on the grounds of their relationship. Just like every other plan for immigration, people need to prepare documents before they want to move to another country. After all, those who want to permanently reside in any country will need careful planning and decision-making.

People who want to migrate to another country may need help figuring out where to start. They may ask themselves "What documents do I need?" or "How long will the process take?". This is why we have prepared a partner visa Australia checklist below. Read on to find out more.

Things to Check For a Valid Partner Visa Application

Sponsor (The partner residing in Australia or any other person)

  • Original and latest copy of Birth Certificate;
  • Passport;
  • Verification of a name change, if any;
  • Evidence of Australian citizenship or permanent residency (a birth certificate or passport from Australia will suffice for this requirement);
  • Australian Federal Police Check. This requirement is needed for a partner visa Australia checklist to determine if the sponsor has any criminal record.
  • A police check from any country for the sponsor who has lived in for more than a year in the last ten years;
  • Details of current employment. This may include the most recent payslip, the employment contract, and a letter from the employer.
  • Form 40SP (Sponsorship for a partner to move into Australia)

Applicant (The partner who will immigrate)

  • Original and latest copy of Birth Certificate
  • Passport
  • Verification of a name change, if any;
  • Evidence of a health check booking;
  • Australian Federal Police Check;
  • A police check from any country they have lived in for more than a year in the last ten years
  • Form 80 and Form 1221. Though not mandatory, lodging these forms may speed up the application process.
  • Details of current employment. This may include the most recent payslip, the employment contract, and a letter from the employer.
  • Form 47SP (Application for migration to Australia by a partner)

Note: Applicants and sponsors may lodge migration applications and sponsorship applications respectively through an ImmiAccount.

Partner Visa - Australia Checklist: Additional Forms and Visas

Subclass 820 Visa

This visa allows people in a de facto relationship or spouse of an Australian native, an Australian permanent resident, or an eligible New Zealand citizen to temporarily remain in Australia. Importantly, this visa can help the intending spouse or de facto partner to get a permanent partner visa (subclass 801). Processing time will entirely depend on a couple's circumstances and on a case-by-case basis.

Note: In some cases, a visa applicant of a temporary partner visa holder may be eligible for a permanent partner visa if he/she is no longer in a relationship.

Subclass 300 Visa (Fiance Visa)

This visa allows applicants to come to Australia and marry their partner residing in Australia and apply for a partner visa after. It is important to know that this visa is only valid for nine months if couples want to include this in their partner visa Australia checklist. Hence, partners who want to stay in Australia after the validity period should apply for subclass 801 and 820 visas.

Subclass 309 Visa

This temporary visa enables married or de facto partners of an Australian citizen or permanent resident to travel and live in Australia. While this visa may sound like it's similar to a subclass 820 visa, there are differences. Subclass 820 applicants must be in Australia while applying for the visa. Meanwhile, subclass 309 applicants must be outside of Australia when applying for the visa and when the visa is decided.

Form 888

Two people usually fill up this form; an Australian citizen and a permanent resident. The person filling up this form knows the applicant and their partner along with the history of their relationship. Any person who is familiar with the visa application and their partner or fiancé(e) may also fill out this form. This is true if the applicant is outside of Australia and unable to have an Australian citizen or Australian permanent resident do so.

Form 1229

This form is a completed parental consent form that contains signatures from both parents/legal guardians that give permission to children to migrate/visit Australia. The children will generally come from the non-migrating parent or any other non-migrating person who has the legal right to determine where the following child/children can live. Form 48A is needed for children aged 18 and above.

Partner Visa - Australia Checklist: Providing Relationship Details

It's important to provide relationship details for a partner visa Australia checklist. Some applicants may plan to marry their partner living in Australia. While some couples may want to start a relationship or continue their relationship in Australia. Below is another list that outlines the requirements for proving a stable relationship.

  • Marriage certificate or certificate of civil union
  • Birth certificates of children (if there are any)
  • Divorce certificate with a past partner
  • Evidence of communication (Chats, letters, emails, on communication platforms)
  • Evidence of spending time together (pictures, videos, calls, etc.). It's important to provide a brief description of the context of these files.
  • Evidence of joint financial commitments or any joint bank account or accounts
  • Evidence of correspondence addressed jointly. This may include orders for books, clothes, shoes, etc.
  • Signs that other people are aware of the relationship (Any form of statements, receipts, etc.)
  • Any documents and receipts that indicate the couple making plans together
  • Any evidence of shared finances, groceries, and utilities
  • Shared leasing arrangement or mortgage
  • Any shared assets, accounts, and lease agreements

Note: This list only contains general and common items needed to prove a stable relationship. If the applicant and sponsor have any more evidence that may support the evidence of their relationship, they may provide more.

Importance of Seeking Legal Advice From Immigration Lawyers

We hope this article has provided partner visa - Australia checklist of documents required. Applicants and sponsors who want efficient immigration procedures may consult with JB Solicitors.

Our law firm offers legal services for immigration law and family law matters. We can also help with parenting matters if there are children involved in the relationship.

Contact us today if you need assistance with your partner visa Australia.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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ARTICLE
10 March 2023

Partner visa - Australia checklist

Australia Immigration
Contributor
Our team would be known as inspiring leaders within the community, displaying strong leadership on important issues in society even if it comes at a short-term cost. In delivering value by being both innovative and convenient, using technology and shifting the culture of work-life in the profession, we will attract the best and most diverse team of people. By creating opportunity and revolutionising our segment of the Profession through innovation and convenience for clients, we will assert a strong belief that having work experience at JB Solicitors is a door-opening in the legal profession. The knowledge and experience gained in working at our firm will be equivalent to, if not better than, obtaining an internship at a large top tier law firm.
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