You are:. After a thorough assessment, you may get your visa. Subclass Visa is mostly for people who already hold a temporary Partner visa subclass or in a long term relationship with their Australian Partner at the time of the application. Before getting the Visa Subclass , the applicant must have the Subclass Visa.
The logic behind this is to examine whether or not there is a genuine relationship between the couple. The period of examination is usually two years. However, if the relationship or the marriage comes to an end before the expiry of the two years, the applicant might face a difficult time staying in Australia.
The reason why the government follows this Visa process is to ensure that no couple falsifies their relationship only to avail a visa in Australia. Getting the permanent visa Subclass is a dual-stage process. This is the case even if the permanent Partner visa subclass is granted immediately after the temporary visa is granted.
Visitor visa to Partner visa : If you hold an eligible visitor visa and lodge your partner visa, you transition onto Bridging Visa A or a BVA when the visitor visa expires.
You have full work rights on your BVA, during the partner visa processing time. Book a consultation for a detailed analysis of your situation and to advise if this might be an issue that concerns you. Working Holiday visa to Partner visa : If you have a visa and lodge a partner visa, we can help you apply for a work rights wavier, allowing you to remain working longer than the allowed six months, for one employer. Book a consultation today for a briefing with our Registered Migration Agents in Melbourne to find more about your visa options.
We are Australian immigration agents and experts based in Melbourne , Australia. Unlike most migration agencies, we have Australian lawyers who specialise in immigration law on staff which we believe allows us to provide a superior service. Continue reading…. Eligibility You must be married or in a de facto relationship with: an Australian citizen an Australian permanent resident an eligible New Zealand citizen.
This means you must have parental permission if you are 16 or 17 years of age. You must have been in a de facto relationship for at least 12 months. You already hold another visa type, e. Meet health and character requirements. Partner Visa Assessment. The month cohabitation requirement also applies when including a spouse for the following types of visa: Permanent visas Business Skills Provisional Student visas Partner visas General Skilled Migration visas However, you would be exempt from the 12 month requirement if you register your relationship in an Australian state or territory.
Usual requirements include: Both partners must be 18 years old or over Must not be in a relationship as a couple with another person — in particular they must not be married, in a de facto relationship or in a registered relationship Must not be related by family. Same sex and different sex couples can register their relationship. If you hold a substantive visa at the date of lodgement of the application, it will continue to remain in effect until such time as it expires, or a decision is made on your subclass application, whichever occurs earlier.
If your substantive visa expires during application processing time, the bridging visa will come into effect at that time. If you do not hold a substantive visa at the time of lodgement, the bridging visa will come into effect immediately. Under the terms of the bridging visa, you will be permitted to enrol in Medicare and to study.
You will also have the right to work in Australia, however, you may need to separately apply for work rights in certain cases. Travel rights also need to be applied for separately in all cases.
You will be required to provide relevant evidence to Immigration to confirm that you continue to meet visa grant requirements for the subclass visa. The Department will provide you with a list of documents required for subclass visa assessment purposes. Note that this information is publicly available, meaning you can gather and prepare your documents before the Department requests them.
Keep in mind though that you should send your documents no earlier than 1 month before the 2-year period has been reached. If your visa is approved, you will have the right to remain in Australia temporarily, whilst you await processing of your subclass visa. You will be subject to nil visa conditions, meaning you can work, study and travel without restriction.
The AAT will assess your application and evidence, as lodged with Immigration, also taking into account any additional information which you provide as part of the review. The AAT will apply the same legislative provisions as were applied by Immigration in making its decision. It can either set aside the original decision, or it may agree with the Department ruling that the original decision is to stand. Strict deadlines apply for lodging an appeal, and it is thus very important that you act quickly should you find yourself in this situation.
For up to date advice on the subclass visa application, including an assessment of your eligibility for visa grant and the process for applying, book your confidential consultation with a migration agent in Adelaide. Just ask us! The on-shore partner visa application process The subclass visa is aimed for applicants who are married to or are in a de-facto relationship with, an Australian citizen or permanent resident, or an eligible New Zealand citizen.
Note that the subclass visa is a permanent residence visa Once two years have passed since you lodged your application, you will be required to submit evidence to Immigration to confirm that you continue to meet the visa grant requirements.
A key aspect of this will be whether you remain in a married or de-facto relationship with your Australian partner. Long-term relationship In certain circumstances, your application will be condensed into a single step. Are you eligible to apply for the subclass visa? You must be aged 18 years or older note there are exceptions if you are married You must be in a married or de-facto relationship with an Australian citizen or permanent resident, or an eligible New Zealand citizen Your sponsor must be 18 years of age or older note there are exceptions if you are married You must be sponsored by your Australian partner note in specified circumstances, a person is prohibited from being a sponsor.
Social is your relationship known to third parties, for example, to family and friends? A long-term partner relationship is defined as: The applicant and the sponsor have a dependent child and they have been together for not less than two years , or In any other case, the partner and the sponsor have been together for at least three years. If the sponsor died after the grant of Subclass , the applicant may not have to wait two years for the grant of Subclass DoHA will still consider genuineness of relationship before granting the visa.
If the applicant is successful in their claims of family violence , the applicant is not required to wait out the two years. In most cases, you will have to write to DoHA informing them your change of circumstances.
Above are the possible exceptions to the two years waiting period. Book a Consultation. Recent News.
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