If you are in a de facto relationship or marriage with a non-Australian, they need to apply for a partner visa to live in the country legally. Notably, a non-Australian partner must meet specific Department of Home Affairs (DOHA) requirements to be eligible. While the application process seems simple, applicants need the services of an immigration lawyer. The reason is that applicable legislation is complex, with many subtleties that most applicants do not know about. This article highlights lesser-known facts about a partner visa to help you avoid pitfalls during the application process.
Lodging Before Marriage
Most new applicants believe they can only apply for a partner visa if they are already married. The cohort does not know that immigration legislation on partner visas treats offshore and onshore applicants differently. For offshore partner visa applicants, a non-Australian partner can lodge their application based on the intention to get married. However, the immigration department only looks at your partner visa application if you are married by the time of its assessment. However, it is not the case for onshore applicants since they must be married before lodging their partner visa application.
Financial Interdependence
Cohabitation is perhaps the most critical factor immigration lawyers look at when assessing partner visa applications. However, financial interdependence is another essential aspect, but many applicants are extremely weak in this area. In fact, many partner visa applications are delayed or rejected due to insufficient documentation on partners' finances. Ideally, you must satisfy immigration case officers that you share financial obligations to improve your application's chances of success. For instance, documents showing that you share a joint bank account are inconsequential if one of you does not use it. The documents only become useful if they show that both partners actively use the joint account to receive money or pay bills. Joint insurance policies, such as vehicle insurance, are another piece of good evidence that proves financial interdependence. Similarly, adding your partner to the bond of a joint lease acts as proof of financial interdependence during a partner visa assessment.
Character for Non-Visa Applicants
A common misconception among applicants is that only persons included in the partner visa application must provide police clearances. The police clearance helps the immigration department determine an applicant's character before issuing a partner visa. However, many applicants do not know that the immigration department may also require police clearance from non-visa applicants, including the sponsor and non-migrating dependents. If a non-visa applicant has previous convictions, it can lead to partner visa application rejection.
Share10 August 2021
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