2. Family Migration Questions
Can I file a Partner visa application in Australia?
Yes, if you 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.
What documents should I provide as evidence of identity and marital status?
You will need to provide your passport and your marriage certificate however you willl need to demonstrate to the department that you are in a genuine and continuing relationship. Book a consultation with us and we can guide you as to what additional documentation you need.
Do I need to include children in the migration application if they are Australian Citizens?
No, since the 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 mark them as ‘not migrating’ even if they are traveling with you to Australia.
Can I apply for a de facto partner visa if they have not lived together for 12 months?
Yes. Relationship criterion does not require a couple to have physically lived together for the entire 12 months immediately prior to filing the visa 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.
Can I apply for a de facto partner visa if my partner and I have not lived together for 12 months?
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 or your partner are still married to another person at the time of lodgement application, you will need to provide evidence that the previous relationship is no longer ongoing.
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 if you yourself were sponsored on a partner visa within the last 5 years. Depending on specific circumstances, it may be possible to sponsor your current partner.
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 the partner visa application.
Can my Partner visa be granted while I'm in Australia?
Yes. However, if you have filed a Partner visa outside Australia, it is necessary that you are outside Australia at the time of the visa grant. In case you are in Australia when the visa is ready to be granted, the Department will notify you to depart Australia.
Is it possible to apply for a 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, or two years or more if there are children from the relationship.