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Partner Visas

Fallen in love? KTA Migration will help you build your new life together in Australia


"Your relationship must be evidenced through documentation - the Department of Home Affairs no longer meets with couples in person. Yes, I know that we don't fall in love with documentation on our minds! So that is why I am here: I'll weave your love story through your documents. And I'll work tenaciously for you to meet all the thresholds and requirements so that you can focus on your love", Kathryn

Partner migration allows an Australian citizen, Australian permanent resident or eligible New Zealand citizen to sponsor their spouse or defacto partner to enter or remain in Australia on the basis of their relationship. To qualify for a Partner visa, amongst other requirements, you must show that the relationship between you is genuine and continuing. Your relationship is evidenced through financial, cohabitation, social and personal aspects. KTA Migration will guide you through your options.

 

Prospective Marriage (or Fiancée) visa

This visa allows a partner to enter Australia to marry their sponsoring fiancé(e). This visa must be applied for from outside of Australia and you must enter Australia and marry within 9 months of visa grant. After your marriage, an application for a Partner visa is to be made.

 

Partner visa

This visa allows a partner to travel to / remain in Australia on the basis of their marriage or de facto relationship. It usually involves the grant of an initial temporary visa for 2 years, followed by grant of a permanent visa after the 2 year period if your relationship is continuing. Exemptions to this 2 year wait period exist for couples who, at the time of application, have been in a long term relationship as a married or de facto couple for at least 2 years and have a dependent child together (other than a step child) or, if you do not have a dependent child together, have been in a relationship for at least 3 years.

The Partner visa application can be applied for from outside Australia or witin Australia. For applicants applying from within Australia, a Bridging Visa A with full work rights will be granted to allow you to remain in Australia together with your partner during processing. Current processing times are ranging from 20 to 26 months.

 

Changes to the Partner Visa Program – Sponsorship - Pending late 2021

The Migration Amendment (Family Violence and Other Measures) Bill 2016, passed by Parliament on 28 November 2018, provides a framework to separate Sponsorship assessments from Visa application assessments under the Partner visa programs. This means that a Sponsor will first need to lodge an application to become a Sponsor and be approved before their partner can lodge their associated Partner visa application. The Sponsor will be assessed against tighter thresholds of character requirements and their ability to support their partner financially and with accommodation.

During the Budget Release in October 2020, the Government confirmed that they will extend the Family Sponsorship framework to Partner visas, requiring an Australian citizen or Permanent Resident Sponsor to be assessed against character and Sponsorship Obligations and approved before a Partner visa application can be made. The Government will also require Sponsors to agree to certain results of their character checks being shared with their partner prior to the visa application being lodged. This may include information indicating a potential threat, such as charges and convictions of a violent nature. This ensures their partner can make an informed decision about whether or not to proceed with the visa application, especially in circumstances where children are involved.

Media Release available here: https://minister.homeaffairs.gov.au/alantudge/Pages/Protecting-partner-visa-applicants-against-family-violence.aspx

 

Changes to the Partner Visa Program – English Language - Pending late 2021

The Government further announced changes to the Partner visa program in relation to English Language, with these changes expected to commence from late 2021.

New Partner visa applicants AND Permanent Resident Sponsors will be required to have functional level English or to demonstrate that they have made reasonable efforts to learn English such as through the completion of free English language classes through the Adult Migration English Program (AMEP).

Most Partner visas are a provisional visa of two (2) years before becoming eligible for a permanent visa. The requirement will have to be met at the time of granting the permanent visa.

These changes, as stated by The Hon Alan Tudge MP, Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, are aimed towards enhancing social cohesion and economic participation outcomes:

“While the ability to speak multiple languages is a great asset for an individual and for Australia, a person will struggle to fully participate in our society and democracy without basic English. These new measures will provide further opportunity for migrants and new citizens to maximise their opportunities in Australia.”

Media Release is available here: https://minister.homeaffairs.gov.au/alantudge/Pages/New-requirement-to-learn-English-to-maximise-job-prospects.aspx

 

Registration of Relationships

Your defacto relationship can be registered in some Australian States and Territories. KTA Migration can assist you with registration requirements.

 

Family Violence

If your relationship has broken down due to family violence, KTA Migration can assist you. 

 

New Zealand Citizen (Family Relationship) visa

This is a temporary visa for New Zealand citizens to assist their family members/partners to travel to and live with them in Australia.

 

Civil Celebrants

KTA Migration provides professional knowledge presentations and notifications of Partner visa program changes to Civil Celebrant organisations. Contact KTA Migration to be included.

 

 

This information relates to Subclass 300; Subclass 820/801; Subclass 309/100; and Subclass 461 visas. Please contact KTA Migration for migration advice specific to your circumstances.