Guest Babybell86 Posted July 1, 2012 Share Posted July 1, 2012 Hi everyone, Me and my partner are going to be starting our Spousal Visa Application in the next few weeks! I am an Australian Citizen by Descent so it will be my partner who is applying for the visa. We have been together 5 years and are getting married this month and will be applying after this. I just wanted some tips and advice to help our application. I read that as we have been together over 3 years then he can potentially apply for permament residency straight away, if this is true do the visa have different success rates? For example do you have a better chance of getting the temporay visa but obviously the PR is better in the long run? What are peoples experience and waiting times and if people have unfortunalty had their visa declined was there any reason for this? What kind of evidence have people provided, we have joint bills, photos, can get statements from friends and family and joint tenancy agreements. I think we have quite a straight forward relationship (no children together or seperatly) but would it still be worthwhile getting a migration agent involved? As always thank you so much in advance, this website has been a god send!!! Quote Link to comment Share on other sites More sharing options...
JoandJon Posted July 1, 2012 Share Posted July 1, 2012 You apply for the one visa on the form and they get to pick which one they give - Jon went straight to 100 (PR). We sent off his visa application in June last year and he was granted it in October so our timelines may be out a bit now I personally wouldn't bother with an agent if you've read the form and the booklet and understand all the questions etc - it's pretty straightforward. Unless either of you have a Criminal record, medical issues or any history of cancelled visa's etc. then it might be a bit more complex! We had statements, bills at the same address, evidence of holidays together, photos together, invitations to both of us. Our wedding certificate If you're hoping to go straight to PR, then try to make sure the evidence you supply provides evidence throughout that period (i.e. something from periods throughout the 3 years you need to prove) - that seems to be the key. Good luck Quote Link to comment Share on other sites More sharing options...
lebourvellec Posted July 1, 2012 Share Posted July 1, 2012 Most people for Partner visa generally do it themselves if their case is not complicated. http://www.immi.gov.au/allforms/booklets/1127.pdf Booklet 1 goves you all the information that you require - and pages 39-41 the subsections of information that they require. Quote Link to comment Share on other sites More sharing options...
Guest Babybell86 Posted July 2, 2012 Share Posted July 2, 2012 Thanks guys, I have printed the booklet off and will have a good look at it tonight!! Quick question JoandJon? How do you prove that you can be financially support your OH? Did you have to have a job first and be settled before the visa was granted? We should have enough to show we have been together all this time, i have tenancy agreements for the last 4 years and a joint bank account for 4 years, good thing I dont throw stuff away Thanks again!! Quote Link to comment Share on other sites More sharing options...
NicF Posted July 2, 2012 Share Posted July 2, 2012 Thanks guys, I have printed the booklet off and will have a good look at it tonight!!Quick question JoandJon? How do you prove that you can be financially support your OH? Did you have to have a job first and be settled before the visa was granted? We should have enough to show we have been together all this time, i have tenancy agreements for the last 4 years and a joint bank account for 4 years, good thing I dont throw stuff away Thanks again!! Hi, I applied for my spouse visa last November and had it granted in March. I can't remember exactly what my husband put for supporting me but it was something alng the lines of he's been in full time work here and intends to get a job in Australia. And something about the equity from the house. He certainly didn't have a job in Australia when we applied. Make sure you send as much as you can for evidence. We had been married for nine years when we applied (and have two kids) but we sent a small tree worth of things in joint names, including things like National Trust membership as well as bills etc to prove our relationship. You can't send too much but there have been threads on here from people who haven't sent enough. Quote Link to comment Share on other sites More sharing options...
lebourvellec Posted July 2, 2012 Share Posted July 2, 2012 Assurance of support was removed from partner visas in Jan 2012 Quote Link to comment Share on other sites More sharing options...
NicF Posted July 2, 2012 Share Posted July 2, 2012 Assurance of support was removed from partner visas in Jan 2012 Good. Couldn't understand why it was there in the first place as it makes no sense for offshore applications. Quote Link to comment Share on other sites More sharing options...
Guest Babybell86 Posted July 2, 2012 Share Posted July 2, 2012 Thats good too know as wasnt looking forward to the idea of possibly leaving and having to set up home by myself! My OH would get alot of Call of Duty done though Do any of you know how long you have to validate the visa? I want to try and get his visa as soon as we can in case any of the restrictions change but also want to save quite a bit before we go. Quote Link to comment Share on other sites More sharing options...
wakeboard1980 Posted July 2, 2012 Share Posted July 2, 2012 Definatley do it yourself of you read the notes and think you have everything. If the CO needs more info they will ask. Good luck with it all Quote Link to comment Share on other sites More sharing options...
JoandJon Posted July 2, 2012 Share Posted July 2, 2012 I had a job offer in Oz, and provided pay slips from my UK job as well RE validating - you have until the medical and police checks run out - so a max of 12 months from then. Big difference from some of the other visa's is that you'll almost certainly get a CO straight away and they'll ask for the extra stuff. Cheers Quote Link to comment Share on other sites More sharing options...
Peach Posted July 2, 2012 Share Posted July 2, 2012 Here's a useful email from Australia House: Dear Enquirer, I am responding to your enquiry about how you/your partner would obtain a visa for migration to Australia. We receive many similar enquiries and most issues are generic. The following addresses our most frequently asked questions. Partner migration refers to applications for entry to Australia made by the married or de facto spouse, fiance(e)s and interdependent (same-sex) partners of Australian citizens, permanent residents or eligible NewZealand citizens. An application for a Partner visa should be lodged at the responsible overseas migration office for the country in which the applicant usually resides. For persons residing in the UK or the Republic of Ireland, the responsible office is the Migration Section of the Australian High Commission in London. The information below is intended for persons who will be lodging an application in London. Key Information Source The primary public source for information about Partner Migration is the official website of the Australian Department of Immigration and Multicultural and Indigenous Affairs at ww.immi.gov.au. Partner information is at http://www.immi.gov.au/migration/fam...ners/index.htm and you will find detailed information about the application process, documentary requirements and answers to most frequently-asked questions. The website provides information about partner, prospective marriage (fiancee) and interdependency visas. It provides checklists, describes evidentiary requirement, explains terminology and leads you to the appropriate sponsorship and application forms. What Forms do I need to Download and Complete? You have a choice of completing an online application (which you must eventually print off and submit to the processing office in hard copy) or downloading an application package which you can complete in writing. Details for online and downloadable forms are at http://www.immi.gov.au/migration/fam...plications.htm You will need to have Adobe Acrobat loaded on your computer to enable you to download these forms. This is a free download, and if you do not already have it, the website provides a link to upload Adobe as a precursor to downloading the relevant forms. Do we Include our Children in the Migration Application? If you and your partner have children born outside of Australia, and if one of the parents was an Australian citizen at the time of the child's birth, your child may be eligible for registration as an Australian citizen by descent. This will require you to lodge an application for registration by descent with the Citizenship Section of the Australian High Commission. If the relevant parent was a permanent resident of Australia, but not a citizen, at the time of a child's birth overseas, then that child does need to be included as a dependent child in the migrating parent's application. If your child is eligible for registration as an Australian citizen by descent (and this can only be determined in the context of assessment of an application), you can then apply for an Australian passport for that child but only after registration as a citizen. A child who has been registered as an Australian citizen by descent does not need to be included in a parent's Partner application or undergo any sort of migration processing. Our Citizenship Section processes most applications for citizenship descent within 5 working days. The Section does not process passport applications which must be lodged with the Passport Section of the Department of Foreign Affairs and Trade (DFAT) at the High Commission. The London website at www.australia.org.uk has information in the Visas & Citizenship section on forms and application procedures for registration of citizenship by descent. Passport application information is available in the DFAT section of the website. Further information is available at www.citizenship.gov.au. What About Fees and Associated Costs? The official term is "visa application charge". The Partner Migration booklet has a special section to explain costs and charges and also refers you to the www.immi.gov.au website for determination of the visa application charge in effect when you are making your application. There is a currency convertor facility on the website if you need it. Be aware that charges change from time to time, so you will need to check shortly before lodging your application to make sure that you are paying the current charge. Charges are generally varied on 1 January and 1 July each year. The visa application charge applicable to your application is the charge in effect at the time that your application is received in the Migration Section of the Australian High Commission in London (that is, the relevant time is the time of receipt, not of posting). Note also that you are responsible for all costs associated with the making of your application including the costs of obtaining medicals, character clearances and the like. The visa application charge is a processing fee. If your application is refused or withdrawn, the fee is not refunded. How Can I Pay the Visa Application Charge? We accept credit/debit cards only (except for American Express or Diners Card). There is a section in the application form for credit card details. If we receive your application and you have not paid the current application charge, we will attempt to call or email you as soon as possible to advise you of the current charge and arrange for you to send in the correct payment. An application is not validly made, and processing cannot commence, until the correct payment is received. What About Medicals? Each applicant, including children, must undergo health checks. Further details are in the Partner Migration booklet and the following is a brief summary only. Each applicant aged 11 years and older will require a medical examination and chest x-ray in the first instance. Each applicant aged 15 years and older will require a HIV test. If the applicant is pregnant, she may choose not to be x-rayed until after the birth. This may delay finalisation of the application. Medical test results are generally valid for one year. Can I do my Medicals in Advance of Application? You can, if you so choose, undertake health checks before you lodge your application. This will enable you to lodge a complete application, which may help to speed up processing of your application. You are responsible for the costs and these will not be refunded if your application is refused. Where do I Obtain Medical and Radiological Forms? The forms you require are a Form 26 (medical) and Form 160 (radiological examination). These can be downloaded at www.australia.org.uk in the "medical information" section How do I Find out about Panel Doctors for the UK and Republic of Ireland? Medical and radiological examinations must be undertaken by an appointed panel doctor or radiologist. For details of your closest panel doctor and radiologist, please see www.australia.org.uk. This is the London office website. In the section on Visas & Citizenship, see information on the health requirement. A list of panel doctors is available to be downloaded. How are Medicals Returned to Our Office? Your panel doctor should be advised that you are applying for a Partner visa. Your panel doctor will return completed medicals directly to our office c/o Migration Section, Australian High Commission, Strand London WC2B 4LA. On the front of each form there is a grey box headed "office use only". Against "visa class" please write either PARTNER or FIANCE according to the type of application you are making. Against "name of office processing the application" please write LONDON. It is important that you do this so that we have appropriate handling instructions for our mail staff when the medicals are returned to this office. What About Character Clearances? An applicant must be found to be of good character. Each applicant aged 16 years and over must provide police checks for each country (including Australia) in which the applicant has resided during the last 10 years where the period of residence was 12 months or longer (in total/cumulatively), and the person was aged 16 years or over at the time of residence. You must provide originals of your police clearances. We will retain these, so you should keep copies if you require. Instructions on how to obtain police clearances for most countries are contained in Form 47P (Character requirements: penal clearance certificates). This must be downloaded from www.immi.gov.au. How Long does it Take to Get a Character Clearance? We recommend that you initiate your request for clearances early. Note that it takes around 49 days for clearances to be obtained from the UK authorities. You can obtain this, if you choose, in advance of application and present the clearance with your application. For some countries, clearances can take several months. We are not able to influence or expedite character clearances as these are solely the province of the issuing authorities. Finalisation of your case cannot proceed until your case officer is satisfied that you meet the character requirement. Do I send Originals or Copies of my Documents? We require originals of character clearances only. You should provide certified/notarised copies of key documents such as birth, marriage and divorce certificates. In all other cases provide simple photocopies of supporting documents such as rental agreements, bank statements, insurance documents and the like. Who Can Certify Copies of my Documents? For the UK and the Republic of Ireland : http://www.uk.embassy.gov.au/lhlh/certification.html Who Can Witness a Statutory Declaration? As above. A statutory declaration made out in Australia can be witnessed by a Justice of the Peace (JP). Statutory Declarations supporting claims of a genuine and ongoing marital relationship made out in Australia should be provided on Form 888 which can be downloaded from www.immi.gov.au. The declarants should provide a copy of evidence of their citizenship or other visa status with the Form 888. Further information is available in the Partner Migration booklet. If you are obtaining a statement of support from family and friends in the UK or ROI, there is no special format which you must use. You can use the Form 888 although this is intended for persons in Australia. If in the UK or ROI, the declarant can simply make out a statement in their own writing, giving their full name and contact details, and ensuring that the statement is appropriately witnessed by an authorised person such as a notary public or commissioner for oaths. I Do Not Know the Details of Previous Visas for Australia If you no longer have previous passports, or have otherwise travelled on electronic visas and cannot give us visa label or grant numbers, just provide approximate dates of your previous visits in Australia as best you can. Your case officer is able to ascertain the details of your previous travel directly from our own records in the course of processing yourapplication. It is not necessary to contact us separately to try to obtain this information in advance. How Should I Put My Application Together? Please do not make complex collations of your application papers. We waste a lot of time (and risk injury to life and limb) deconstructing applications which have been extensively stapled or artfully put together in complex folders with indexes, dividers and tabs. Do not use plastic inserts. Please leave the papers, loosely divided by slide-on paper clips if you feel it is absolutely necessary, in a simple stack. Application form on the top; sponsorship form next; key personal documents next (birth and marriage certificates etc); formal statutory declarations next; and other supporting documents last. Please do not send us video tapes or photograph albums. If you would like to support your claims with photographs, please choose a representative selection and make a photocopy. Please do not send us phone cards at all as they can tell us nothing. If you wish to send examples of correspondence, please be very selective and send copies only. How do I Lodge an Application? All applications to be lodged in London must be lodged by post. We do no accept applications over the counter. We suggest that you send in your applications by some form of secure post. For clients living in the UK we recommend that you use Special Delivery and keep a record of the registration number. You can then track progress through the mail system and date of delivery to us on the Royal Mail website via their Track and Trace facility. Clients in the UK must also include a self-addressed Special Delivery envelope for the return of their passport and other documents - ensure that the envelope size is appropriate to what you expect to have returned to you. Clients living in the ROI should also use some form of secure or registrable post. We will return documents by Airsure. Our postal address is: Migration Branch Australian High Commission Strand London WC2B 4LA Clients wishing to use couriers should note that items can only be delivered to the Migration Branch between the hours of 9-11am weekdays(other than public holidays) at the Migration Counter. It is important that you inform your courier of this restriction as no items intended for this Branch will be accepted elsewhere in the High Commission other than at our counter during our opening hours. Will I be Interviewed? Most applicants are interviewed. This may occur by telephone or in person. The necessity for, and conduct of an interview, is at the discretion of your case officer. Who Will Process my Application? When we first receive your application, it will be allocated to a migration officer. You should receive an acknowledgment within about 10 working days- please do not approach us before that time. It is our preference to communicate with you by email. This makes for faster transfer of documents and speedy exchanges with your case officer. Your case officer will provide you with details of the officer's name, position number, email and phone contacts. If you have not heard from your case officer before 10 working days from the date on which you believe we will have received your application, you can send an email enquiry to firstenquiries.lhlh************** providing the applicant's full name and date of birth. How Long Will it Take? Our general response is that the better prepared your application, the faster we are able to make a decision. We can and do finalise decisions on the day of receipt - however this is not usual. Few applications come fully front-end loaded (including health and character clearances) and it is not always possible to anticipate requirements for additional information or complexities that are only evident to the case officer after an application is received and assessment commences. Special Notice for Prospective Marriage (fiance) Applicants: It is a legal condition of all Prospective Marriage (subclass 300) visas that the holder must marry in Australia within 9 months from the date of grant of the visa. You should take this into account when calculating the appropriate time to lodge your visa application and when fixing the date of your intended wedding. This office will commence processing of an application when it is lodged and will process at its normal rate to the point of decision and visa grant where appropriate. We will not artificially maintain an application in abeyance to compensate for early lodgement. If you lodge your visa application too early, you will need to consider the real likelihood that your wedding date will have to be brought forward. Statistically, in June 2005, London took from 3-10 weeks to grant subclass 309 (Spouse Provisional) and subclass 310 (Interdependency Provisional) visas; and from 4-12 weeks to grant subclass 300 (Prospective Marriage -fiance) visas. (as of early 2010 the quoted processing time is 5-6 months). If Granted a Visa Must I Enter by a Particular Date?(Spouse/Interdependency Visas) Your health and police clearances are valid for 12 months from the date of grant. In some circumstances you medicals may be valid for a lesser period (for example, if you are subject to a health undertaking requiring you to report to health authorities on arrival in Australia). Whichever of these clearances expires first will determine the "initial entry date" by which you must have entered Australia. If you have obtained your health and police clearances so far in advance that they expire during processing, or are likely to expire so soon after decision that the initial entry date would not be viable, it is open to your case officer to require you to obtain new health and police clearances. Your case officer will determine the best course of action during processing. Prospective Marriage (fiance) visas - some specific information. If you decide to lodge an application for a Prospective Marriage (fiance) visa (subclass 300), you will need to provide evidence of your intention to marry. This will be in the form of written confirmation by an authorised Australian Marriage Celebrant confirming the details of your planned wedding in Australia. This confirmation must be provided on the Celebrant’s official letterhead and confirm the following details: · parties to be married; · date and venue of marriage; · Celebrant’s official registration number and address. If your Prospective Marriage (subclass 300) visa is granted, you must marry within 9 months from the date of grant of the visa. My Situation is Complex - Who Can Assist? We cannot provide individual pre-application counselling. If you have read the Partner Migration booklet and associated information thoroughly and feel that you still require expert assistance, you may wish to consider using a migration agent. You are not required to use a migration agent, however if you intend to use one, you are advised to use a registered migration agent. Information about registered migration agents (registered with the Migration Agents Registration Authority or MARA) is available at www.themara.com.au. Yours sincerely First Enquiries Migration Branch Australian High Commission London Quote Link to comment Share on other sites More sharing options...
Peach Posted July 2, 2012 Share Posted July 2, 2012 Also, some good stuff covered here: Thank you for your enquiry. If you can demonstrate you have lived with your partner for a period of at least 12 months, then you might like to consider the Partner Visa in which your partner would sponsor you to migrate to Australia. Please see information below. Partner Visa General Information The Department of Immigration and Citizenship (DIAC) specifies that non-Australian citizens travelling to Australia are required to enter on a visa for their intended purpose and length of stay. Therefore, if you are intending to move to Australia and live there permanently, you must obtain the appropriate migration visa before you go. There are two (2) categories of partner visas. These are: · Partner Visa · Prospective Marriage Visa (fiancé(e)) Partners of Australian citizens, Australian permanent residents or eligible New Zealand citizens may apply to enter and/or remain permanently in Australia. Partners include: · People intending to get married · Married (de jure) partners · De facto partners including Same sex couples Partner Temporary Visa (Subclass 309) and Permanent Visa (Subclass 100) This visa is designed for people from overseas to permit entry and stay in Australia with their partner, who must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. Your application will be assessed against both the Temporary Partner Visa (subclass 309) and Permanent Partner Visa (subclass 100) criteria. To be eligible for the Permanent Partner Visa you must demonstrate that you have been in either a spousal or De facto relationship with your partner for at least 3 years or at least two years with a dependent child of the relationship. If you do not meet the requirements for the Permanent Partner Visa, you will be assessed against the Provisional Partner Visa, where you must have been in a de facto relationship with your partner for the entire 12 months immediately before you lodge your application. However, this requirement may be waived if compelling and compassionate circumstances apply such as for example, you have children from your relationship. De facto partners who have registered their relationship under a prescribed state or territory law are exempt from the 12 month relationship requirement. If you are granted a Partner Provisional Visa you may be awarded a Permanent Partner Visa approximately two years later, provided you are still in the relationship with your sponsoring partner. For the purposes of permanent residency in Australia; the term 'Spouse' refers to married opposite sex couples, the term ‘De facto’ refers to couples in a committed relationship including same sex couples. A married spouse must be legally married under Australian law. Generally, if the marriage is valid in the country in which it was performed, it will be recognised as valid under Australian law. There are some exceptions whereby the marriage will not be recognised, such as same-sex, under-age or polygamous marriages. If you are married but for some reason the marriage is not valid in Australia, your partner may still be considered a de facto partner and therefore can apply for a Partner visa. Prospective Marriage Visa (Subclass 300) This visa is designed for people from overseas to enter Australia, then marry their fiancé(e). Their fiancé(e) must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. Once married, holders of this visa can then apply to remain permanently in Australia. If you plan to marry your fiancé who is outside Australia, your fiancé can apply for a temporary visa that remains valid for nine (9) months from the date of grant. Your fiancé must lodge the Prospective Marriage visa application outside Australia and also must be outside Australia at time of visa grant. If granted a Prospective Marriage visa, your fiancé must then travel to Australia within the nine (9) month visa validity period, legally marry you within that period and then apply in Australia to remain permanently as a spouse. It is not possible to extend the Prospective Marriage visa if the marriage does not take place during the required time period or an application to remain permanently in Australia as a spouse is not lodged. Note: It is a requirement of a Prospective Marriage visa that you and your fiancé have met and be known to each other in person. Procedure The applicant completes Form 47SP, Application for migration to Australia by a partner, and the sponsor completes Form 40SP, Sponsorship for a partner to migrate to Australia. Form 47SP: http://www.immi.gov.au/allforms/pdf/47sp.pdf'>http://www.immi.gov.au/allforms/pdf/47sp.pdf Application for migration to Australia by a partner Form 40SP: http://www.immi.gov.au/allforms/pdf/40sp.pdf'>http://www.immi.gov.au/allforms/pdf/40sp.pdf Sponsorship for a partner to migrate to Australia If the applicant has any dependent children under the age of 18 they may add them as a dependant on this visa. If this is the case there will be a requirement for the Australian sponsor to obtain an Australian National Police Check. An Australian National Police Check may be obtained from the Australian Federal Police. Information on obtaining the check is available from the AFP website. www.afp.gov.au/business/national_police_checks In addition, if the applicant has any dependent children or other dependent relatives who are aged 18 years or over, they must ensure that Form 47A, Details of child or other dependent family member aged 18 years or over, is also completed and lodged along with above two (2) forms. Form 47A must be completed for each dependent child and other dependent relatives aged 18 years or over, whether or not they are migrating with the applicant. Form 47A: http://www.immi.gov.au/allforms/pdf/47a.pdf'>http://www.immi.gov.au/allforms/pdf/47a.pdf Details of child or other dependent family member aged 18 years or over Post the completed forms to the London office using Special Delivery and enclose another self-addressed Special Delivery envelope for the return of the documents. The visa application charge of £1130 and relevant supporting documents need to be included with the application. The average processing time is approximately five (5) to six (6) months; however timeframes will vary with each individual application. You will be contacted by your Case Officer who may request further information within 10 working days, at which point you may discuss the processing times for your application. It is not always possible to anticipate the processing time in advance. Issues can and do arise in the course of processing applications, which must be resolved before a decision about granting your visa can be made. Each application is considered on its own merits and against legal and policy requirements. Resources to Assist you with your Application Department of Immigration and Citizenship Website: http://www.immi.gov.au/ Partner Visa Categories: http://www.immi.gov.au/migrants/family/partner-outside.htm Fact Sheet 30 – Family Stream Migration – Partner: http://www.immi.gov.au/media/fact-sheets/30partners.htm Fact Sheet 35 – One-Year Relationship Requirement: http://www.immi.gov.au/media/fact-sheets/35relationship.htm Health Requirement for Permanent Entry to Australia: http://www.immi.gov.au/allforms/booklets/1071i.pdf Character Requirements: http://www.immi.gov.au/allforms/character-requirements/character-penal.pdf Information Booklet 1 Partner Migration and associated forms: http://www.immi.gov.au/allforms/booklets/books1.htm Take the time to read the online information Booklet 1 on Partner Migration thoroughly and document your claims properly. Good preparation will allow you to present your case well. Partner Migration Checklist: You will find application checklists for a Partner Visa or Prospective Marriage Visa through the following two website links respectively. These checklists are a guide to what is required to submit with your application. If the Case Officer processing your application requires further information to make their decision about whether or not the visa can be approved, he or she will request further information from you before making their final decision. http://www.immi.gov.au/migrants/partners/partner/309-100/how-to-apply.htm http://www.immi.gov.au/migrants/partners/prospective/300/how-to-apply.htm Travel while your Visa is being Processed If you decide to lodge a Partner Migration visa application and want to visit Australia for a short tourist trip while your application is being processed, you will need to discuss the trip with the case officer processing your Partner Migration application before travelling. It is suggested you do not finalise any travel plans to Australia before discussing the issue with your case officer. It is not intended that a Partner Visa applicant waits out the processing of the Partner Migration Visa in Australia on a Tourist Visa or Electronic Travel Authority (ETA). If you enter Australia on a one way ticket you may be asked by Australian immigration authorities, on arrival at the airport, as to what your plans for departing Australia are. If entering on Australia on an ETA or Tourist visa the immigration officer will need to be satisfied that you are a genuine visitor. You are or your partner would need to explain your intentions to the officer so that the officer is satisfied that you do not intend to stay beyond the period which your visa allows. Waiver of 12-Month Relationship Requirement If parties are not co-habiting, all of the circumstances of the relationship are taken into consideration and a higher level of proof of the existence of a partner relationship may be required. It is to be accepted that parties to an on-going relationship may be temporarily separated, for example; frequent travel for business reasons or an unexpected family emergency. The 12-month relationship requirement may also be waived if you can prove that there are compelling and compassionate circumstances, such as; that co-habitation was not permissible under the law of the country where you resided for 12 months previously. Generally, you will need to demonstrate that you have been in a 12 month de-facto relationship if applying for a partner visa on the basis that you are not married. The 12-month relationship requirement at the time the application was lodged may be waived if you can establish that there are compelling and compassionate circumstances. For example; you have children with your partner. If you feel that there are circumstances that may warrant a waiver of the 12-month requirement, you should provide a statement with your application that explains the reason for your request. The decision on whether this 12-month requirement can be waived will be up to the case officer assessing your application. Please refer to Fact Sheet 35 through the website link below for further information on the 12-month relationship requirement: http://www.immi.gov.au/media/fact-sheets/35relationship.htm Not Migrating Straight Away It is acceptable to apply for a Partner Visa even if you may not intend to reside in Australia immediately after the visa has been approved. If this is your intention, you should make this clear in the application. You may still be required to provide an Australian contact address. Please note if you apply for a Partner Visa, and the visa application is approved, there will be a condition attached to the visa that you must make an entry to Australia by a specific date in order to activate the visa. If you do not enter Australia by that date, the visa will become subject to cancellation. The date of entry is usually 12 months from the date that you complete the medical examination and police checks (whichever expires first) for the visa application. As long as you make the entry to Australia by the date specified on the visa, you will be free to travel back and forth to Australia as you please within the validity period of the visa. If you are approved for the Provisional Partner Visa, it will remain valid until a decision is made on whether you qualify for the Permanent Partner Visa which is assessed approximately two (2) years after the date of your initial application for a Partner Visa. You can be outside Australia at the point in time when a decision is made about the Permanent Partner Visa. If approved, the Permanent Partner Visa is usually granted for a period of five years and allows the visa holder to travel back and forth between Australia during that validity period. At this stage you would be considered to be a permanent resident of Australia. The below website refers to the information about the residency requirements of Australian permanent residents wishing to return to Australia. Meeting the residency requirements for a Resident Return Visa (RRV) (Subclass 155) in future years could become difficult if you intend to live outside of Australia for several years once you are an Australian permanent resident. http://www.immi.gov.au/migrants/residents/ If you are approved for the Provisional Partner Visa, your file will be transferred to ACT Regional Office. Your file will remain at that office unless you notify the Department of Immigration and Citizenship (DIAC) of your new address. Two (2) years after the date of your initial application for a Partner Visa, a DIAC officer will send you a letter requesting you to provide further evidence that you are still in a relationship with the person that sponsored you for your initial Partner Visa. You will then need to send in the evidence requested so that the DIAC officer can make a decision about whether you qualify for the Permanent Partner Visa. Your Provisional Partner Visa will remain valid until a decision is made on whether you qualify for the Permanent Partner Visa. You can be outside Australia at the point in time when a decision is made about your Permanent Partner Visa. Sponsorship Undertaking There is no specific format for the statement you will provide explaining how your sponsor will meet sponsorship obligations including how you intend to support yourselves once you arrive in Australia. Your sponsor will need to sign a sponsorship undertaking at the end of the Form 40SP Sponsorship for a Partner to Migrate to Australia. This legally binds your sponsor to the sponsorship obligations. The Case Officer assessing your visa application will consider all the information you provide and decide whether your partner can meet the sponsorship obligations. If the Case Officer deems that your partner will not be able to meet their sponsorship obligations, the Case Officer may request an Assurance of Support. You can find more information about an Assurance of Support in the Partner Migration Booklet. You do not need to provide an Assurance of Support when you submit your visa application. The visa officer assessing your application will request this from you if it is required. Usually Resident An Australian permanent resident is defined in Australian Migration regulations as a non citizen who, being usually resident in Australia is the holder of a permanent visa. 'Usually resident' is not defined in migration legislation, although the policy intent was for it to provide a test of the sponsors commitment to Australia and capacity to support the applicant. As a matter of policy, we usually support a generous interpretation, particularly given the increasing impact globalisation has on where people choose temporarily to live and work. Therefore in the absence of periods of long term residence in Australia, weight may be accorded to a person’s 'firm intention to reside' in Australia. Medicals in Advance of Lodgement You can choose to complete your medical assessment before or after lodging your application. However, the decision remains at your discretion. The costs of medicals are not refunded if your application is unsuccessful. Another factor to consider is that health assessments and police clearances are only valid for 12 months, and should a visa be granted, you will be required to enter Australia before either of the clearances expire. If you have a planned entry date, you will need to consider the timing of the clearances. For a list of panel doctors please select your country of residence at the following web link: http://www.immi.gov.au/contacts/panel-doctors/ Statutory Form 888 It is not a requirement that the people completing statutory declarations attesting to your relationship are in Australia. Friends and family in the UK or Ireland can also make statutory declarations about your relationship. Family and friends in the UK or Ireland can use Form 888 as a guide to the statements they make. However, if they use Form 888 and sign it in the UK or Ireland, it will not legally bind them to the statement they make because Form 888 is only legally binding under Australia law. Your family and friends can make statutory declarations, affidavits or another appropriate declaration that will legally bind them to their statement i.e. legally binds them under British / Irish law. The following people in the UK and Ireland can certify documents for Australian visas: [TABLE] [TR] [TD]Australian Terminology [/TD] [TD]UK [/TD] [TD]IRELAND [/TD] [/TR] [TR] [TD]Practising lawyer [/TD] [TD]Solicitor [/TD] [TD]Solicitor [/TD] [/TR] [TR] [TD]Magistrate [/TD] [TD]Magistrate [/TD] [TD]N/A [/TD] [/TR] [TR] [TD]Public notary [/TD] [TD]Notary Public [/TD] [TD]Notary Public [/TD] [/TR] [TR] [TD]Justice of the Peace [/TD] [TD]Justice of the Peace [/TD] [TD]N/A [/TD] [/TR] [TR] [TD]Commissioner of Declaration [/TD] [TD]Commissioner for Oaths [/TD] [TD]Commissioner for Oaths [/TD] [/TR] [TR] [TD]Position/agency recognised by the law of country to certify documents [/TD] [TD]Officer of a Court appointed by a Judge to take affidavits [/TD] [TD]Peace Commissioner[/TD] [/TR] [/TABLE] Please note: • In Scotland a Councillor may also certify documents. • A Registered Migration Agent may certify copies of original documents for visa applications they make on behalf of clients. Automatic Permanent Residence When you apply for a Partner Visa, you simply need to submit the Partner Visa application and then the Case Officer will decide whether you qualify for the Provisional Partner Visa (Subclass 309) or Permanent Partner Visa (Subclass 100). Whether or not you qualify for permanent residence status straight away can only be determined by the Case Officer processing your application once they have assessed all the evidence and documentation provided with the application. If your visa application is successful but you do not qualify for permanent residence straight away, you will be granted temporary residence and after two (2) years will be contacted by a Case Officer with regards to changing your status to permanent residence if the relationship is ongoing. UK Police Certificates To obtain a UK Police Certificate, applicants need to contact the Association of Chief Police Officers (ACPO). These certificates cover applicants who have lived or currently reside in England, Wales, Scotland, the Channel Islands, the Isle of Man and Northern Ireland. Application forms and guidance on how to apply for the new police certificates can be located online at: www.acpo.police.uk For information on obtaining a Penal Clearance from other countries please see the form relating to Character Requirements and Penal Clearance Certificates: http://www.immi.gov.au/allforms/character-requirements/ Relationship breakdown If the relationship between you and your partner irretrievably breaks down, this constitutes an important change in your circumstances. The applicant is legally obliged to notify the department immediately of the change in circumstances. There are some provisions where it may be possible for you to remain in Australia, provided all other relevant visa criteria are met. The provisions are as follows: · you have parental responsibility for at least one (1) child who is a child of the relationship. This should be evidenced by a Statutory Declaration from both parents, or consent order, or a parenting order. Where you wish to demonstrate parental responsibility for a step-child, you must have a court order which recognises your responsibility for that child, or · your relationship has ceased because your partner has died. · Should family violence be a reason for the relationship breakdown, you may still be eligible to be granted a permanent partner visa and to remain in Australia. · Applying for a Partner Visa Offshore Please note: ** FEE INCREASES ARE DUE ON THE 1ST OF JANUARY DUE TO A RE-CALCULATION OF EXCHANGE RATES - PLEASE SEE THE HIGH COMMISSION WEBSITE FOR MORE INFORMATION ** -The advice you are given by the London Contact Centre will be based on the information you supply. -We cannot advise clients on the likely outcome of any visa application, as applications are assessed on an individual basis. -The Department of Immigration and Citizenship Strongly recommends that clients do not make any irreversible travel bookings until they have been granted an appropriate visa. If you would like help finding the right Australian visa, please visit the Visa Wizard website: http://www.immi.gov.au/visawizard We hope this information has been of assistance. Yours faithfully, London Service Centre Migration Branch Australian High Commission Strand London WC2B 4LA DIAC website: www.immi.gov.au London website: www.uk.embassy.gov.au 600850 Telephone Information Service: 09065 508 900 £1 per minute currently, £1.02 per minute from 04 Jan 2011 (in line with VAT increase) from BT telephone lines, other provider charges may vary. Access to an operator is provided at the end of recorded information between the hours of 9am and 4pm London time, Monday to Friday except on public holidays and Australian High Commission holidays for which is shown on the website: www.uk.embassy.gov.au) Quote Link to comment Share on other sites More sharing options...
Guest Babybell86 Posted July 3, 2012 Share Posted July 3, 2012 Thanks a million, I will get swotting up on it all Quote Link to comment Share on other sites More sharing options...
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