We have good news for partner visa applicants. The 2020 federal budget reveals that there is an increase of 25,300places available for the partner visa. Whilst this means more Australian partner visas can be granted, the Government announces that applicants within Australia will take priority. In particular, this applies to Australian sponsors residing in the ‘designated areas’. What are the designated areas?
These include areas outside Melbourne, Sydney, Newcastle, Wollongong, Brisbane and Perth. If you are looking to move to these latter three states, you will need to check up on the permitted postal codes.
The announcement also specifies that applicants must have a good level of English and must be able to prove this. This is known as the English language requirement and surprisingly it also applies to permanent resident sponsors.
Applicants should be aware that there is what is known as the AMEP, orthe Adult Migrant English Programme.Through this programme; it is possible to gain a better command of English. In fact the programme provides for some 500 hours of free classes, enough to attain the right level of English to satisfy the authorities.
Nevertheless, if you are in this category, you need to be aware that the Government plans to introduce requirement that you have to reach the right standard of English before you will be allowed to have a permanent visa. You will often have some time to ensure you meet the right standard because there is a time lapse of up to two years from application towards making a final assessment.
The reasons for requiring good English to live in Australia perhaps obvious. It is necessary to be able to integrate into the community and participate in life down under. However, it is also important for being able to work live and contribute to the economy. Moreover, it is also believed that having a good command of the language well help sustain your place in the workforce and avoid abuse both at work and at home therefore you will be less vulnerable.
What types of partner visa exist that can assist me?
There are effectively 2 routes to the visa one is onshore for those who currently reside in Australia and the other is offshore for those that don’t.
If you are offshore the process is as follows.
The visa that would apply to you if you are currently offshore is known as a subclass 309. It will apply to you if you are in de facto relationship. To be ‘De Facto’, you must have been together for a minimum period of 12 months. Or,of course if you are already married to an Australian permanent resident or citizen you can apply for the subclass 309. Obtaining this visa will allow you to live in Australia, but it is a temporary visa and you will need to look after this for the next stage. This is the subclass 100 visa which is the permanent partner visa. In this case you will have to submit supporting documents two years from applying for the 309 visa.
If you are onshore, the following applies:
For those who are married or in a de facto relationship with a permanent resident, eligible New Zealand citizen or Australian citizen the visa that will work for you is the subclass 820.
Following successful application, you will then need to wait for two years and prove that you are still in the relationship before you can get a permanent partner visa. Therefore, it is important to bear this in mind for those two years while you are in Australia to keep gathering documentation that supports your case and that splitting up during that time will disqualify you.
Finally, there is another type of visa that may apply in certain circumstances and that is for fiancées. This is known as the subclass 300 visa or the prospective marriage visa. As with the previous two visa options again it will be for those looking to marry an Australian citizen, a permanent resident or eligible New Zealand citizen. You should remember that once you have been awarded this visa you must marry your Australian partner within 9 months. If you manage to complete this stage, then the next step for you would be to apply for the onshore partner visa which we have mentioned already.
For applicants in long-term relationships, options to apply for permanent residency exist.
You should remember that Australian Partner visa application is not necessarily plain sailing and you could be tripped up at any part of the process. This is why it is always advisable to enlist the help of an Australian migration agent who knows the pitfalls and who can guide you through them. This will not only make your application more likely to be successful, but it will also make it less stressful for you and ultimately speed up the process saving you time and money which may be critical for your future in Australia.
At this point you should be aware that the authorities will scrutinise applications and are very adept at reading between the lines. This is why it is important to get your story straight, your evidence in order and all your details up to date. If you do so, you will present between you a coherent and strong case for you to be able to reside in Australia together for your future.
Our experienced and trusted Australian migration experts have handled hundreds of Australian spouse and partner visa applications: https://www.emigrate-to-australia.co.uk We are here to hold your hand throughout the process and answer any questions you may have. Are you ready to apply? Contact us today: [email protected] or call us on 0044 207 427 5290.
