Have you fallen in love with an Aussie?
If your partner is an Australian citizen or permanent resident, and you plan to submit a partner visa application so you can remain together, this article is for you.
Here are three easy ways to increase your likelihood of a successful application:
1. Join the queue ASAP
Trying to navigate the deadlines and documents the Department of Home Affairs requires can be a nightmare. Sure, all the information is online, but it’s usually sprinkled across so many different web pages and forms that it’s hard to put all the pieces together.
Once you know you want to stay in Australia, the first thing you should do is ask a migration agent which documents you need, how to submit them, and when they’re due.
Make sure you do this well before your current visa expires because partner visa processing is notoriously slow, usually taking 13-18 months per application.
There’s rarely a way to fast track this process: The sooner you pay your visa fee, the sooner you join the queue. So, find out what you need to do to and take action ASAP.
2. Find out which rules are more flexible than others
If you’re concerned that you or your partner don’t meet the visa requirements listed online, there can still be a way to make that visa happen.
Here are two common situations that, at first glance, don’t meet the visa criteria, but can be worked to your favour by a smart solicitor:
- Short relationships: To obtain a partner visa you generally must have been in a relationship and cohabiting with your Aussie partner for at least 12 months prior to lodging your application. However, if the duration of your relationship/cohabitation is less than 12 months, it’s still possible to obtain a partnership visa. This can be done by registering your defacto partner status with an Australian state or territory, obtaining a relationship certificate, then making a successful submission to waive the 12 months relationship requirement.
- Criminal records: You may be disappointed to discover your partner is unlikely to pass the Australian government’s character checks. The Department of Home Affairs has a specific requirement that the visa applicant’s partner doesn’t have a significant criminal record (a term of imprisonment up to 12 months or more). What you might not know, however, is that there are some exemptions which can be granted (such as compelling circumstances), but this takes time and needs to be dealt with early in the process.
With the right advice, you can overcome potential roadblocks that would otherwise delay, or sink or visa approval.
3. Don’t assume the Department of Home Affairs will chase you
When it comes to providing supporting documentation and evidence, the onus is on you to do everything.
Don’t assume that if you’ve left something important out, the Department of Home Affairs will chase you down to ask for additional paperwork. If you don’t have enough evidence, chances are they will just reject your application, leaving you out of pocket for your application fee, and at the back of the queue again.
If you need help applying for your partnership visa…
Consider getting in touch with Phoenix Law.
We have solicitors that speak your language, including:
- Mandarin speaking lawyers
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Call (07) 3180 0908 or email firstname.lastname@example.org for an obligation-free consultation. We’ll help you any way we can!