Australian Partner Visa Myths Debunked

Applying for a partner visa to Australia is one of the most significant life decisions a person can make. While it should be a time filled with hope and excitement, the process is often shrouded in common misconceptions that can lead to confusion, stress, and even a visa application refusal. These myths, often spread through word-of-mouth or outdated online forums, can create serious hurdles for couples. The purpose of this article is to separate fact from fiction and provide clarity on the Australian partner visa process, ensuring that couples are equipped with the correct information from the very start.

Myth #1: We just need to get engaged to get a visa.

This is a widespread misconception, particularly for those who have a fiancé residing overseas. An engagement alone does not grant any right to a visa. While it demonstrates commitment, the Department of Home Affairs has specific visa subclasses for those who are engaged versus those who are married or in a de facto relationship.

The prospective marriage visa (subclass 300) is the visa for this situation. It is a temporary visa that allows a person to come to Australia for up to 15 months to marry their prospective spouse. The requirements for this 300 visa are distinct and applicants must provide proof of their genuine intention to marry, not just their engagement. After the marriage, the visa holder must then apply for the onshore partner visa 820 and 801 to continue their journey to permanent residency.

Myth #2: An onshore visa is always better than an offshore one.

Many people believe that applying for a visa while already in Australia is easier or faster. In reality, the choice between the onshore partner visa 820 and the offshore partner visa 309 is determined by a person’s location at the time of application, not which option is "better."

• ‍Onshore Partner Visa (Subclass 820/801): This visa is for applicants who are already in Australia. When a valid application is lodged, a Bridging Visa is typically granted, allowing the applicant to remain in Australia lawfully, often with work rights and access to Medicare, while their application is being processed. This allows the couple to live together and continue building their life in Australia. The visa is a two-stage process; after a certain period, the application for the permanent 801 partner visa is assessed.‍

• Offshore Partner Visa (Subclass 309/100): The partner visa 309 is for applicants who are outside of Australia at the time of lodgement. This visa allows the applicant to join their Australian partner once the visa is granted. An applicant must remain outside Australia until the visa is granted. This is also a two-stage process, leading to the permanent partner visa 100. While processing times can vary, for many applicants, the offshore pathway may offer a quicker result, as there is no bridging visa to manage.

The decision to apply for an onshore or offshore visa depends entirely on the applicant's circumstances and location. Choosing the correct subclass from the start is critical to avoiding complications.

Myth #3: The length of our relationship is all that matters.

This is perhaps the most common and dangerous myth. While the duration of a relationship is a factor, it is by no means the only one. The Department of Home Affairs' primary concern is whether the relationship is "genuine and continuing." The Department assesses the relationship based on four key pillars of evidence, and a meticulous and detailed application across all categories is essential.

• ‍Financial Aspects: The Department looks for evidence of shared financial commitments. This includes joint bank accounts that show a history of shared expenses, joint loans for major assets like cars or homes, or shared household bills. Consistent financial contributions, even if they are not equal, help demonstrate a shared life.‍

• Household Arrangements: Evidence of living together is crucial. This can be demonstrated through a shared lease or mortgage, utility bills in both names at the same address, or mail addressed to both partners. For couples who may live apart temporarily due to work or travel, providing a statement on how they share household responsibilities when together can also be a viable option.‍

• Social Aspects: The Department wants to see that the relationship is recognised by others. This is shown through evidence like joint invitations to social events, photographs with friends and family at various occasions, or joint social media profiles. Statutory declarations from friends and family on Form 888, attesting to their knowledge of the relationship, are particularly valuable.‍

• The Nature of Commitment: This pillar assesses the long-term, exclusive nature of the relationship. Evidence can include wills naming each other as beneficiaries, joint insurance policies, or proof of joint travel. A detailed relationship statement from both parties outlining the history of the relationship and their future plans is also a fundamental part of the application.

Myth #4: Once a visa is granted, we don’t have to provide more evidence.

This myth stems from a misunderstanding of the two-stage process for the majority of partner visas. Both the partner visa 820/801 and the partner visa 309/100 are a two-stage process. The initial visa is a provisional one. After approximately two years, the permanent visa is assessed, and this requires a new set of evidence.

The Department of Home Affairs will review the relationship again to ensure it has remained "genuine and continuing" during the period since the initial visa grant. Applicants will need to submit fresh evidence to demonstrate the progression of the relationship, including:

• ‍Updated 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.‍

• Continued Social Evidence: Recent photos of the couple with friends and family, joint invitations to recent events, or updated statutory declarations from new witnesses.‍

• New Evidence of Commitment: Proof of long-term plans, such as a joint property purchase, new joint insurance policies, or a continued record of communication if the couple has been apart.

Failing to submit this second round of evidence can lead to the refusal of the permanent visa, even after the temporary one has been granted.

Count on the IATL Experts

Navigating the complexities of an Australian partner visa requires not only a thorough understanding of immigration law but also foresight into the various legal aspects that arise when building a life together in Australia. A successful visa application is a testament to our commitment to client collaboration and strategic legal guidance, ensuring that your transition to life in Melbourne and Victoria is as smooth as possible.

Our team is dedicated to upholding the values of professionalism throughout every stage of your journey. As you plan your future together, it's common for couples to encounter other legal considerations. Our expertise extends seamlessly beyond immigration law to cover these crucial areas:

• ‍Family Law: As your relationship grows and potentially evolves, family law considerations may arise. We guide clients through complex family matters, including pre-nuptial agreements (if applicable to your marriage plans after a fiancée visa in Australia), property settlements should a relationship unfortunately end, 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, ensuring your rights and interests are protected.‍

• Property and Conveyancing: For couples seeking to establish a joint household in Australia, property is often a major step. Whether you are considering purchasing your first home together after the grant of your partner visa 801, or transferring existing property, our team provides expert legal assistance for buying, selling, and transferring property. We ensure all transactions are conducted with meticulous care and attention to detail, providing peace of mind for homeowners and investors alike, allowing you to focus on building your life.‍

• Commercial Law: For partners who are considering starting a business or investing in Australia, understanding the local commercial landscape is vital. 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, supporting your entrepreneurial ventures alongside your personal settlement.

This comprehensive approach enables our firm to provide holistic support 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, well beyond the initial visa grant.

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