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11 Tips Before Applying for the Partner Visa for Australia

There are some important things to know before applying for the partner visa for Australia that you may not know yet. Considering it’s one of the most expensive Australian visas to apply for to get a permanent visa and onto Australian citizenship, I want to make sure you’re aware of everything you really need to know before making the investment into getting the visa approved.

Having personally gone through the partner visa process and I now have citizenship(!), I am sharing these tips with the help of the only migration agent I work with at Londoner In Sydney. The team at True Blue Migration Services have helped me write this guide to ensure it is as accurate as it can be.

Seeing as there are so many migration agents out there, if you are looking for one (and I highly recommend you do considering the cost and the importance of getting your visa approved), you can get a free visa assessment with True Blue Migration Services simply by mentioning Londoner In Sydney. Fill out this form if you’re currently in Australia, or this form if you’re back home and want to move to Australia on the defacto partner visa, and the team will get back to you about your current situation.


1. The four types of partner visas to choose from

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It might seem confusing and overwhelming but there are three types of partner visas to apply for this visa and a total of five subclasses. To break it down, this is what it looks like:

  1. Partner Visa Subclass 820 and 801 – for anyone currently in Australia (this is the visa I applied for)
  2. Partner Visa 309 and 100 – for anyone outside of Australia
  3. Prospective marriage visa – subclass 300 – for anyone living apart but planning on  married in the near future. You have to be outside Australia to lodge this one
  4. New Zealand Citizen Family Relationship 461 Visa – for New Zealanders adding a partner to their visa in Australia

Make sure you choose the right visa to begin with to avoid losing a lot of money and time.

Mention Londoner In Sydney and you can get a FREE Visa Assessment with
True Blue Migration Services

2. There are two stages for this visa

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At the time when I applied for my partner visa, I had no idea there were two stages. As you can see above, you have the 820 and 801 visa for anyone in Australia and the 309 and 100 for anyone outside of Australia.

If you’re in Australia, you apply for the 820 visa application first and the 309 if you’re overseas.

This is a temporary partner visa which means two years after lodging your visa  you will be  eligible to apply for the second part of the visa which is the 801 visa.

The 801 visa is the permanent partner visa, so once you have that, you’ll become a permanent resident.

You literally have to save up all the information about your de facto relationship until you lodge the second part (yes you have to apply yet again and fill out all your details). However, if you’ve been with your partner for a long time before you applied for the 820 visa (such as living together for at least three years) or you have children together, you can apply for the 801 visa straight away and you won’t have to compete the second part.

I literally spent three days putting everything together for the permanent partner visa subclass 801 rather than the three months I spent on the first de facto partner visa, the 820 temporary visa. You can read about what I did for the 801 visa if you want some insights.

Once you have the permanent Australian partner visa, you can then apply for Australian citizenship once you’ve been in Australia for four years with 12 months on a permanent residency visa ie the 801 or 100 visa. You can check here to see when you’ll be eligible to apply for citizenship, but you can’t be out of the country for a certain amount of time.


3. Can you apply for the partner visa if you’re on a tourist visa or student visa in Australia?

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You can indeed apply for the partner visa if you’re on a tourist visa or student visa as long as your visa does not have a “no further stay” condition on it. This is what I did and how I managed to get into Australia without having to apply from back home. You see, you could be waiting longer if you apply from back home.

I just entered Australia on a tourist visa, then applied for the onshore partner visa a few days before my tourist visa expired. I was then put on a bridging visa while I waited for my partner visa to be approved.


4. What does Bridging A and Bridging B visa conditions mean

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As mentioned above, I was put on a bridging visa while I waited for my temporary partner visa to be approved. Seeing as I was on a three month tourist visa, this meant I couldn’t work or have any rights like you would on a temporary or permanent visa. But, once I was put onto a bridging visa, I was then given full rights to work. It’s worth noting that you only go onto the bridging visa when your y tourist visa expires..

There are two bridging visas:

The only problem with the Bridging visa A is that you cannot leave Australia or travel overseas. If you need to fly back home or anywhere else, you’ll need to apply for the Bridging Visa B. If you don’t apply for the Bridging Visa B visa before you leave Australia, this could then become tricky for getting back into the country.

If you need to travel without your partner, you’ll need to keep records of how you stayed in touch while you were away (ie zoom calls, messages etc).

Mention Londoner In Sydney and you can get a FREE Visa Assessment with
True Blue Migration Services

5. Can you apply for the visa if you’ve overstayed another visa?

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I have heard of a few horror stories about people getting kicked out of Australia for overstaying their visas, but if you chat with True Blue Migration Services, they could help you.

Remarkably, True Blue Migration Services helped someone obtain the partner visa after overstaying their Working Holiday Visa by 7 years!

So, it can be done (but only in specific situations!) so be very careful about your visa time limit as it could really jeopardise your future in Australia.

Obviously, a Registered Migration Agent can only help you if you’re eligible, but there may be something you’ve overlooked, so it’s always worth getting a free assessment to check.


6. Can you apply for the partner visa if you live with parents or in a share house?

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One thing I was really worried about when I applied for my partner visa in Australia is that I didn’t have proof of a rental lease or anything like that.

This is because we met while backpacking in India, then we lived with Steve’s mum for a year while I was on my second working holiday visa.

We then left Australia a year later and travelled the world for a year before coming back to Australia on a tourist visa. This is when I applied for the partner visa. It was then that we realised even though we had been together for two years by this point, we didn’t have any proof of us living together.

So we asked Steve’s mum to write a statutory declaration stating that we were living with her and how we managed the household expenses (ie we would pay for a food shop each week etc).

Even though we didn’t have proof of bills or a rental lease with our names on it, we could prove that we were living in the same property by sharing mail dated to us at the same address, as well as play slips, gym memberships etc.


7. You might get a random phone call from a case officer to go over your relationship statement

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As mentioned earlier, once you hit the apply button, it doesn’t mean you just sit back and relax. You may also get a phone call from a case officer who will either interview you over the phone or in person to find out more about your relationship.

They may ask questions about dates so make sure you get them right on your application, and have questions all about your relationship to check if it is genuine.


8. If you don’t continue to update your relationship evidence

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It’s easy to think once you hit the apply button, you can sit back and wait for the partner visa for Australia to be approved right? Considering that the visa application can take months to be approved, you’ll need to add in updates to show your continuing relationship is genuine.

If you have moved house and not updated it in your forms, they might think you have moved out and you’re not in a relationship anymore. The same goes with a joint bank account – if you’re not using it then you may not convince them that you are in fact in a genuine and continuing relationship.

Mention Londoner In Sydney and you can get a FREE Visa Assessment with
True Blue Migration Services

9. Can you apply if you haven’t been together for 12 months?

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One of the questions I have been asked a lot by my readers is about whether you need to be living together for 12 months before applying for the partner visa.

The truth is, you don’t unless you’re applying in the Northern Territory or Western Australia (the other states are fine with less than 12 months).

You’ll need to be able to prove that you’re in a genuine and continuing relationship and that you’re living together as well as register your relationship. If you’re unsure how to register your relationship, you’ll need to go onto the state government website and apply online (here’s NSW register your relationship for example).


10. Still married to someone else but want to lodge a partner visa for your new relationship?

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If you’re still married but now separated and want to lodge a partner visa for Australia, you can still apply for the temporary partner visa, as long as you’ve been living together for for 12 months and you can prove this.

This is because you won’t be able to register your relationship as you’re still married, but as long as you have evidence of being in a relationship with an Australian permanent resident or Australian citizen, you can apply for this visa.


11. If you don’t get the dates right, you could get refused

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Remember to make sure you check over your temporary partner visa subclass 820 application as thoroughly as possible before pushing the apply button because if there are inconsistencies with the dates and memories you have together, Immigration will be able to smell a rat!

Make sure your application is consistent and all mentions of dates when you met etc match up when you fill out the four pillars including; the health and character requirements, showing joint responsibility for the nature of household, financial aspects and provide evidence of a genuine relationship with an Australian permanent resident or Australian citizen.


12. Arranged marriages can meet the partner visa requirements

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Considering you need to be in a relationship for 12 months and show a lot of evidence for living together in a de facto relationship, it might be hard to do this if you’re in an arranged marriage.

Australian Immigration is sensitive to cultural traditions and will make exceptions as long as you can show the basics like how you met, as well as sharing social, household and financial evidence. If your husband/wife is in another country while you’re awaiting the visa to be approved, you’ll need to share how you’re keeping in touch and what your future looks like together.


FAQ

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How hard is it to get a partner visa for Australia?

As long as you provide a thorough and detailed application and use a migration agent like True Blue Migration Services, you shouldn’t have any problems gaining the Australian partner visa which in turn could help you on your way to eventually become an Australian citizen like I have!

What evidence is needed for partner visa Australia?

You’ll need to submit forms as well as evidence of a genuine and continuing relationship which is broken out into four pillars: The nature of the household, Financial Aspects, Social Aspects of the relationship and Nature of Commitment to each other. Read my guide on How I Applied For The Partner Visa For Australia to learn more about what you need to submit.

How much money do you need for a partner visa in Australia?

The cost of the de facto partner visa currently costs AUD9,095.00 which doesn’t include police checks or medical examination costs. It is one of the most expensive Australia visas and even though it is a lot, it is worth it for your future in Australia.

Don’t forget, you can get a FREE visa assessment with True Blue Migration Services. If you are concerned about what visa to apply for or simply need a bit of direction with the visa process, let them know you found them through Londoner In Sydney and they’ll point you in the right direction.


More Australia visa guides to read

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If you’re going through the Australia visa process, check out my guides to help you get your visa or Australian citizenship approved.

Australian Partner Visa Guides

Australian Citizenship Guides

Finding a migration agent and understanding the visa process