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PDF Editor FAQ

What is the process of obtaining a partner visa in Australia?

As long as one of you (you or your partner) is either an Australian citizen or permanent resident, and you’ve been in a relationship for a minimum of 12 months from the date that you apply, you’re eligible.When my (now) wife and I went through that process, we needed to submit a couple of statutory declarations from my family - and her, as well - confirming that we were indeed a couple. We also had (courtesy of some obsessive photographers in my family) plenty of photographic evidence of her being at different family events and so on. Then there’s a massive form to fill in talking about both of our backgrounds.The process then was that she was on a “bridging visa” until they granted the first stage of the partner visa, which they did something around 4 months later. That lasted for a couple of years, and the department then got in touch for more information (more stat-decs, a slightly shorter form) to confirm that we were still in a relationship. We’d got engaged by this point, and were able to send them something showing that we’d booked a venue for our wedding, which they seemed happy with. A couple of months later, we had her as a permanent resident in Australia.The important thing to remember is that you don’t need to be married. While a marriage certificate is a useful piece of evidence, it’s not essential.

I’m going to apply for a partner visa in Australia, so what things do I need to know before applying it?

There are the obvious things, in terms of your partner needing to be an Australian citizen or permanent resident, and your relationship needing to be of at least 12 months’ duration, but I’m assuming you know those already since you’re applying for the visa.The big pieces of advice I’d give you is to be prepared for it to take a long time, and make sure you fill things in the way that the paperwork requests you to. When it came time for my wife to arrange the second stage of her partner visa, the paperwork required some additional statutory declarations about the nature of our relationship. I had already written one ready to go, but used a different form (I worked for a bank at the time, so we had some available), which one of the people I spoke with at the department seemed to suggest “could” be an issue, despite both of them being entirely valid stat-decs.

What happens if your Australian partner visa is denied?

If your Partner visa for Australia is denied, you have 2 options before you –Going for an appealApplying afreshWhat do you mean by “partner visa” for Australia?An Australian PR holder, an Australian citizen or eligible citizen of New Zealand will have to get a partner visa if they wish their spouse or partner to join them in Australia.Partner visas for Australia are –[I] Applying from outside AustraliaPartner (Provisional) visa (subclass 309)Partner (Migrant) visa (subclass 100)[II] Applying from within AustraliaPartner visa (temporary) (subclass 820)Partner visa (permanent) (subclass 801)Keep in mind that the applications for the temporary and permanent partner visas are submitted and processed together.Who will review my appeal?Appeals for partner visa refusal will be reviewed by the Administrative Appeals Tribunal (AAT).When the AAT reviews, either they can agree with and uphold the refusal, or change the decision.Do keep in mind that if you had applied for the partner visa from within Australia, you cannot apply for the same again from Australia. To re-apply, you will have to go outside Australia and lodge another partner visa application.On the other hand, if the application was lodged from outside Australia, you can re-apply from offshore following a refusal.Always remember, you should appeal only when there is a good chance of success.What are the common grounds of refusal of partner visas?Conflict in cohabitation evidence. Many times, a partner visa application process can be quite a long-drawn one. At times, your residential address might have changed while the application was under processing. In such cases, both the spouses should ensure that all the corresponding changes are updated in their individual documents at the same time, with no inconsistencies whatsoever.A mismatch in quoted dates. The documents for the partner visa application includes three documents –Form 47SP [Application for migration to Australia by a partner]Form 80 [Personal particulars for assessment including character assessment]Form 40SP [Sponsorship for a partner to migrate to Australia]When you apply for a partner visa, both the spouses will have to fill up forms that contain identical questions on – travel history, relationship with the partner, and address.Keep in mind that there should be no discrepancy between the details entered on the forms submitted by both the spouses.3. Lack of clarity in statements. Be very careful about the terminology that you use. Avoid using loose statements that might go against you. Take care that you use words defining a serious relationship. After all, you have to prove the genuineness of your relationship. All your effort, time and money can go to waste if you are unable to convince the authorities of the genuineness of your relationship.4. Linking evidence. Only link evidence that will support your case. If the evidence is not relevant, then it is best avoided. Do not add an overdose of evidence. You must convince them, not confuse them. Only include proofs that check out and are genuine as well as authentic.5. Check the legality of all documents submitted by your spouse and you. For a partner visa, you will have to submit legal and notarized documents which include –Marriage certificatesID DocumentsBirth CertificatesBe careful that all your documents must be duly notarized, with the identity of the notary clearly mentioned.6. Statutory Declaration by Witness. When you apply for an Australian Partner visa, you will also have to submit Form 888 – Supporting declaration be a supporting witness in relation to a Partner or Prospective Marriage visa application. Always be extra cautious when you ask someone to fill this up. At times, there might be some inadvertent inconsistencies between what has been stated by you in your partner visa application and the details mentioned by your witness in Form 888. Always cross-check everything. More so if your witness is not from an English-speaking background.At the time of submitting your partner visa application, take the time to review and cross-check everything. Taking your time now can often save many a regret later.

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