Everything You Want to Know About Partner Visas
I am making a special article to answer questions which are frequently asked in my practice regarding Partner Visas.
Q & A
| Q: |
I have known my partner for approximately two years. During this time, we have written letters and emails to one another. We also speak on the phone daily and we send text messages during the day. However, I have not personally met my partner. Can I sponsor her? |
| A: |
If you have not met your partner personally, you cannot sponsor her. One of the main requirements for lodging a partner visa is that you need to provide evidence that you have met your partner in person. |
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| Q: |
My partner is from a country where it is legally accepted to marry someone who has not turned 18. I married my partner a few months ago, and she is still under 18. Can I lodge the visa application now, even though she has not yet turned 18? |
| A: |
You would need to wait until your spouse turns 18 before you can lodge her visa application. In some cases, you may be able to obtain an Australian court order to waive the age requirement. |
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| Q: |
My partner and I have known one another for more than 12 months and we have met personally. I have visited his home country twice during the last 12 months. However, he just informed me that was previously married. He assures me that his relationship with his wife is finished and they have not been in contact for the last 12 months. We would like to get married and I would like to lodge a spouse visa application. Can I sponsor him? |
| A: |
Your partner needs to obtain a divorce or a marriage annulment before a visa application can be lodged. It is a prerequisite that there are no impediments to marrying your intended spouse. If your partner is currently married, that means that he is not free to marry. If you marry your partner before your partner is granted a divorce or before his marriage is annulled, that means that your intended marriage would not be recognized under Australian law. Hence, your partner is not eligible to lodge a visa application. |
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| Q: |
My partner and I have known one another for over 3 years. We have met through an internet chat room and we communicate for hours during the day and night. We have exchanged photographs and we both feel that we know one another personally. If my partner lodges a visa application and she provides copies of our emails and internet chats, would be meet the criteria of having met one another in person? |
| A: |
Exchanging photos and chatting via videocam is not enough evidence of having met one another in person. Even if you provide copies of your emails and your internet chats, these would not sufficient evidence that you have met in person. |
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| Q: |
I am on a pension and I have not worked for a number of years. Am I eligible to sponsor my partner? |
| A: |
Yes, you may sponsor your partner. However, the Department of Immigration and Citizenship would assess your financial ability to support your partner for the first two years of your partner’s stay in Australia. By sponsoring your partner, you are agreeing to provide adequate accommodation and all financial assistance required by your partner for the first two years of your partner’s stay in Australia. This obligation extends to the provision of information about the employment opportunities in Australia, including provision of information to enable your partner to attend English classes when your partner arrives in Australia. In some cases, the Department of Immigration and Citizenship may request you to lodge a discretionary Assurance of Support (DAOS) or Assurance of Support (AOS). This is a legal commitment undertaken by a person, to repay Centrelink social security costs incurred by your partner while your partner is a holder of a temporary partner visa. The DAOS or AOS can be lodged by you, the sponsor, or it can be lodged by a third party. If a third party is lodging the DAOS or AOS, that person should understand the legal commitment he or she is undertaking. |
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| Q: |
I am lodging an offshore partner visa. I have children from a previous relationship and my children are not migrating with me. Do I include them in my application? |
| A: |
Yes, you would have to include your children in your application. They would need to provide documents to prove their identity and their relationship to you, and they would have to have their medicals. It is important that they are included in your application whether or not they are joining you to travel to Australia. |
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| Q: |
What happens after I lodge my visa application? |
| A: |
It is important to submit a complete application. When your visa application is received, the staff at the onshore or offshore office (depending on where you are lodging your application) would review the application form and all the documents you have submitted. Your application would be assigned to a visa officer. If there are documents missing, the visa officer assigned to your case, would contact you or your representative requesting for the submission of documents required. You would usually be given 28 days to submit what is required. After the visa officer receives all the information or documents, you would be required to come in for an interview. After the interview, a decision would be made. The decision would be sent via email, by fax or by post. In some cases, applicants are not required to appear for an interview and a decision is made based on the information submitted. |
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Migration regulations are current at the time of writing this article. DIAC has the right to change these regulations at any time. This article has been written to provide general information only. Readers should seek professional advice to discuss their particular situations.
Estelle McNally, is a Registered Migration Agent MARN 9903113,
McNally Migration Solutions, Suite 1, 2nd Floor,
3 Avondale Street, Springvale 3171
(03) 9547 9055, 0418 171 951, (03) 5997-7450; Fax: (03) 9547 9066;
website: www.mcnallymigrationaustralia.com; Email: mcnallymigration@bigpond.com |
