1. Can I file my partner visa application in Australia?
Yes, if you enter 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 I provide as evidence of identity and marital status?
Certified copies of your 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 I provide being sponsor?
You 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. Do I need to include my children in the migration application if they are Australian citizens?
No, since your 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 children and marked them as ‘not migrating’ even if they are travelling with you to Australia.
5. Can we apply for a de facto partner visa if we 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 your application. If you have been in a de facto relationship for that period you may provide additional evidence that you are not living separately and apart on a permanent basis in order to satisfy the requirement.
6. Can I apply for a de facto partner visa if I am still married to someone else?
To apply for a Partner visa as a de facto partner, you must show that you and your partner have been in a de facto partner relationship to the exclusion of all others. If you are still married to another person at the time of lodgement application, you will need to provide evidence that your previous relationship is no longer ongoing.
7. Can I sponsor my partner if I have sponsored someone else for migration to Australia before?
Yes, unless you have previously sponsored 2 other partners to Australia or have sponsored another partner within the last 5 years or were sponsored as a partner yourself within last 5 years. Depending on your 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. You must marry the sponsor within the validity period of the visa in or outside Australia.
9. Can I get married while my 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 you to lodge a new application.
10. Can I travel to Australia while my Partner visa application is being processed?
Yes, you may apply for other visas while your Partner visa application is under process. Each visa is assessed separately and will not affect the assessment of your partner visa application.
11. Can my Partner visa be granted while I am in Australia?
Yes. However, if you have filed your partner visa outside Australia, it is necessary that you are outside Australia at the time of visa grant. In case you are in Australia when your visa is ready for grant, the department will notify you to depart Australia.
12. For partner visas, do you need to interview me and my partner/sponsor?
Mostly we conduct interviews over telephone. However, we will contact you if we need to arrange an interview in person.
13. Is it necessary that I or my partner/sponsor have to remain in country of residence during visa processing?
14. 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.
15. Is it possible to apply for permanent Partner (subclass 100) visa without waiting for 2 years?
Yes, if at the time of application you have been in a relationship with your partner for three years or more from the time you started a committed married or de facto relationship with your partner, or two years or more if there are children of your relationship.