A Holiday Guide to Partner Visas

The holiday season is a time for family, connection, and celebration. For many in Melbourne and Victoria, this festive period brings with it the hope of a shared future with a partner from overseas. While the prospect of a festive reunion is exciting, the process requires careful planning. This is where legal clarity is crucial, ensuring that the visa application journey is as smooth as possible.

Successfully bringing a partner to Australia for the long term depends on choosing the correct visa subclass. For those who are engaged and wish to marry their partner in Australia, the prospective marriage visa (subclass 300) is the appropriate pathway. This temporary 300 visa allows a person to come to Australia for up to 15 months to marry their prospective spouse and then apply for a permanent partner visa.

Applying During the Holidays

Just as we check our lists twice during the festive season, it is critical to prepare all necessary documents ahead of time. The holiday season can often lead to extended delays in administrative processing, so a well-documented application submitted early is vital. While a visa application cannot be lodged in person, applicants can use the online portal, ImmiAccount, at any time.

When planning your application around the holidays, we advise you to consider the following:

• ‍Document Gathering: Beyond standard identity documents, you should actively gather evidence that demonstrates the genuine nature of your relationship. This includes photographs of holiday gatherings with friends and family, joint travel itineraries for festive trips, and cards or correspondence that help to establish your connection. The more comprehensive and varied your evidence, the stronger your case will be.‍

• Professional Assistance: We strongly recommend engaging a legal professional before the holiday closures begin. A lawyer who specialises in immigration can help you strategically organise your application, identify any potential red flags, and ensure all forms and supporting documents are correctly prepared. This proactive approach can significantly reduce the chance of delays or visa refusal caused by requests for additional information from the Department of Home Affairs.‍

• Timing Your Lodgement: Be mindful that many government offices and legal firms operate on reduced hours and are sometimes even closed during holidays, especially over the Christmas and New Year period. In the latter case, lodging your application in early November can help you avoid the rush, providing a cushion for any unexpected administrative delays and ensuring your application is being assessed when staff levels are at their highest.

Skilled Migration Route

While the festive season is often associated with family reunions, it is also a time when many individuals plan for the new year and new career beginnings in Australia. The immigration landscape for skilled workers has recently evolved with the introduction of the new Skills in Demand (SID) visa, which replaces the previous 482 SID visa. The SID 482 visa offers clearer alternatives to permanent residency, including the 482 to 186 visa pathway.

For skilled migrants, the Employer Nomination Scheme visa (186 visa) is a key pathway to permanent residency. This visa offers three distinct streams, each with its own set of requirements:

• ‍Temporary Residence Transition (TRT) Stream: This stream is for skilled workers already in Australia on a temporary visa, such as the 482 visa. It allows them to transition to permanent residency after working for their sponsoring employer in their nominated occupation for at least two of the last three years. The key benefit of this stream is that a formal skills assessment is generally not required, as your employment history with the sponsoring company serves as proof of your skills and experience.‍

• Direct Entry Stream: This is a permanent visa for skilled workers who may be new to Australia or have not met the work experience requirements of the TRT stream. To be eligible, applicants must have their occupation on the relevant skilled occupation list, possess at least three years of relevant work experience, and have a positive skills assessment from the relevant Australian assessing authority. The Direct Entry Stream offers a direct route to permanent residency for highly qualified applicants.‍

• Labour Agreement Stream: This pathway is for skilled workers nominated by an employer with a formal labour agreement with the Australian government. These agreements are often designed to address specific or niche labour shortages in certain industries or regions. The key advantage of this stream is that it may offer concessions on standard visa requirements, such as age or English language proficiency, as specified within the labour agreement itself.

For skilled migrants in regional areas, the 494 visa in Australia is a viable option. The 494 - skilled employer sponsored regional (provisional) (subclass 494) - employer sponsored stream allows employers in designated regional areas to sponsor skilled workers for a five-year visa. After three years of living and working in a designated regional area and meeting the minimum income requirements, holders of this visa may be eligible to apply for permanent residency.

From Temporary to Permanent Visa

The journey to a permanent visa often has multiple stages. For partners who have been granted an onshore temporary visa, such as the partner visa 820, the next step is the permanent partner visa 801. Two years after lodging their initial combined application, they are typically assessed for the permanent stage. The 820 partner visa is an important stepping stone. For the final grant of the 801 partner visa, the couple must provide evidence that the relationship remains genuine and continuing.

This second stage of the application requires a fresh set of documents, including:

• ‍Continued Financial Evidence: You must demonstrate that your shared financial commitments have continued to evolve. This includes providing updated joint bank account statements, evidence of shared assets like a car or property, and any documents related to joint loans, investments, or shared savings goals.‍

• Updated Household Evidence: It is crucial to show that you are still sharing a home and household responsibilities. Evidence can include a new lease agreement with both names, utility bills addressed to both of you at the same address, or a statutory declaration detailing how you share household chores and responsibilities.‍

• New Social Evidence: The Department will look for proof that your relationship is still recognised by others. This can be shown through new invitations to social events as a couple, updated social media profiles, and statutory declarations from friends and family members who have seen your relationship continue to grow and mature.

IATL's Legal Expertise

A successful visa application is a testament to our commitment to client collaboration and strategic legal guidance. Our team, with a strong presence in Melbourne and Victoria, is dedicated to upholding the values of professionalism.

Our expertise extends beyond immigration law. We also offer comprehensive services in:

• ‍Family Law: We guide clients through complex family matters, including divorce, property settlements, and parenting arrangements. Our professional legal advice is delivered with compassion and a deep understanding of the legal landscape to help you achieve a fair and just outcome.‍

• Property and Conveyancing: We provide expert legal assistance for buying, selling, and transferring property. Our team ensures all transactions are conducted with meticulous care and attention to detail, providing peace of mind for homeowners and investors alike.‍

• Commercial Law: We offer strategic advice and legal support for businesses of all sizes, covering a range of issues from contract drafting and negotiation to dispute resolution and compliance. Our goal is to help your business navigate legal challenges and foster sustainable growth.

This enables our firm to provide a holistic approach to our clients, ensuring that a person's relocation or settlement in Australia is supported by expert legal advice across all relevant areas of their life.

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