Family Migration Visas

1. Can my client file partner visa application in Australia?

Yes, if your client entered Australia on an appropriate visa for your intended purpose
and length of stay. However, if your temporary visa states “no further stay” it may not
be possible to apply for a further visa from within Australia.

2. What documents should my client provide as evidence of identity and marital status?

Certified copies of his passport or travel document, national identity documents,
translated to English if not in English already must be submitted as evidence.
Translated or international civil status records such as birth, marriage, death
certificates are also accepted.

3. As an Australian citizenship or permanent residence which documents should my client provide being sponsor?

Your client should submit a certified copy of passport, Australian citizenship
certificate or Australian birth certificate. If sponsor is a permanent resident of
Australia, submit a certified copy of the passport.

4. Does my client need to include children in the migration application if they are Australian citizens?

No, since your client’s children are Australian citizens they cannot be granted a visa.
They should travel to Australia on an Australian passport only. While filing the
application form declare all of your client’s children and mark them as ‘not migrating’
even if they are travelling with your client to Australia.

5. Can my client apply for a de facto partner visa if they have not lived together for 12 months?

Yes, relationship criterion does not require couple to have physically lived together
for entire 12 months immediately prior to filing the visa application. If your client has
been in a de facto relationship for that period you may provide additional evidence
that your client is not living separately and apart on a permanent basis in order to
satisfy the requirement.

6. Can my client apply for a de facto partner visa if he is still married to someone else?

To apply for a Partner visa as a de facto partner, you must show that your client and
his partner have been in a de facto partner relationship to the exclusion of all others. If
your client is still married to another person at the time of lodgement application, you
will need to provide evidence that his previous relationship is no longer ongoing.

7. Can my client sponsor his partner if he has sponsored someone else for migration to Australia before?

Yes, unless your client has previously sponsored 2 other partners to Australia or has
sponsored another partner within the last 5 years or was sponsored as a partner
himself within last 5 years. Depending on specific circumstances, it may be possible
to sponsor.

8. How long is a Prospective Marriage (Subclass 300) visa valid for?

A subclass 300 Prospective Marriage visa is a temporary visa with validity of 9
months from date of grant. Your client must marry the sponsor within the validity
period of the visa in or outside Australia.

9. Can my client get married while his Prospective Marriage (Subclass 300) visa is under process?

Yes, since there is a provision to be considered for a Partner visa without the need for
your client to lodge a new application.

10. Can my client travel to Australia while his Partner visa application is being processed?

Yes, your client may apply for other visas while his Partner visa application is under
process. Each visa is assessed separately and will not affect the assessment of partner
visa application.

11. Can my client’s Partner visa be granted while he is in Australia?

Yes. However, if your client has filed partner visa outside Australia, it is necessary
that he is outside Australia at the time of visa grant. In case he are in Australia when
visa is ready for grant, the Department will notify him to depart Australia.

12. Is it necessary that my client or his partner/sponsor remain in country of residence during visa processing?

No.

13. What are two stages in processing Partner visa?

Partner visas are granted in a two-stage process with a provisional visa being
granted initially and the permanent visa being considered 2 years after the
initial application. However, applicant is required to apply for a provisional
(Subclass 309) and permanent (Subclass 100) visa at the same time and pay visa
application charge once only.

14. Is it possible to apply for permanent Partner (subclass 100) visa without waiting for 2 years?

Yes, if at the time of application your client has been in a relationship with his partner
for three years or more from the time they started a committed married or de facto
relationship, or two years or more if there are children of their relationship.