Parish Patience Immigration Lawyers

FAQs – Partner visa

 

  • I recently married my Australian citizen partner in Australia. Am I eligible to apply for an onshore partner visa? 

Answer: You may or may not be eligible to apply for a partner visa in Australia depending on different factors and personal circumstances.You have a genuine and continuing partner relationship with your sponsor. You will need to see one of our lawyers/registered migration agents to get correct advice for your personal needs.

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  • I am in Australia on a visa and I have been living with my Australian partner in a de facto relationship for a while now. Can you please advise the timeframe for us to meet the de facto relationship requirement for a partner visa. 

Answer: The de facto relationship requirement for partner visa purpose is 12 generally months. However, the de facto relationship requirement may be varied depending on the kind of visa that you hold. You will need to see one of our lawyers/registered migration agents to get correct advice for your personal needs. If you register the relationship under state law this period may be waived.

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  • I am in Australia on a visitor visa with Condition 8503 – No Further Stay attached and I have now entered into a relationship with my Australian partner. Am I eligible to apply for an onshore partner visa while I am here? 

Answer: No, you can not apply unless Condition 8503 has been waived by DIBP. In order to have the Condition 8503 waived, you must have compelling reasons. You will need to see one of our lawyers/registered migration agents to get correct advice for your personal needs.

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  • I have been living in Australia illegally without a visa and I have now entered into a relationship with my Australian partner. I am worried that I may be detained by the Department of Immigration one day. Is there any way that I can overcome this problem? 

Answer: Please be advised that on 14 September 2009, DIBP has made changes in relation to the extended eligibility to apply for a partner visa for people who stay in Australia without a visa and who are in a relationship with an Australian citizen/ an Australian permanent resident/ or an eligible New Zealand citizen. You may be able to apply but you need to meet what are called Schedule 3 criteria in addition. However, it is complex and it is dependent on your personal circumstances and previous immigration history. It is advisable that you see one of our lawyers/registered migration agents to get correct advice for your personal needs.

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  • I am residing offshore (Example: India/Bangladesh/Philippines). I have met and fallen in love with my Australian partner. We have recently married. I want to join my partner in Australia as a spouse. Please advise what kind of visa I should apply for. 

Answer: The visa you need to apply for is a Subclass 309/100 visa. However, there could be other issues and it is not always easy for you make a partner visa application without professional assistance. It is advisable that you see one of our lawyers/registered migration agents to get correct advice and sufficient assistance for your personal needs.

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  • I have met an Australian person through the internet; our relationship has developed over the internet and he said he wants to marry me and bring me to Australia to live with him. Can you please advise how we can make this happen. 

Answer: You may be interested in the Prospective Marriage Visa Subclass 300. However, one of the requirements for this visa is that both parties must meet each other in person before they can proceed to apply for the visa. Therefore, you need to arrange to meet with your boyfriend first to make sure all is genuine. However, there could be other issues and it is not always easy for you make a prospective marriage visa application without professional assistance. It is advisable that you see one of our lawyers/registered migration agents to get correct advice and sufficient assistance for your personal needs.

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  • I am a homosexual person. I have met and fallen in love with my Australian partner. Can my Australian partner sponsor me under a partner visa? 

Answer: Yes, your Australian partner can sponsor you as long as your relationship is genuine and continuing. You will need to meet the 12 months de facto relationship requirement (living together either in Australia or overseas) / or you will need to register your relationship with the state registry (if you are currently residing in Australia). However, there could be other issues and it is not always easy for you make a partner visa application without professional assistance. It is advisable that you see one of our lawyers/registered migration agents to get correct advice and sufficient assistance for your personal needs.

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  • I am in Australia on a Bridging visa. I have been living in a married relationship with my Australian spouse for about one and half years now. My spouse is willing to sponsor me for a partner visa. Can you please advise if there are any issues arising in the future during the processing of my application if we apply now.

Answer: You can expect there will be some issues during the processing of the application as the holder of a Bridging visa / or no visa at the time you make the application. You will need to prove that you have a compelling reason for the Schedule 3 issue to be waived. It is advisable that you see one of our lawyers/registered migration agents to get correct advice and sufficient assistance for your personal needs.

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  • I am on a temporary partner visa but have been subjected to family violence by my Australian partner. What are my options now?

Answer: You have a variety of options available to you through the Courts and/or other avenues and it is possible to get permanent visa even if the relationship has broken down in some situation where family violence has occurred. Our team of professionals can assist you by explaining to you and guiding you through these options.

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