Can we apply for a Partner Visa?
In order to be eligible for a Partner Visa (subclass 820/801), you must meet a number of requirements set out in the Migration Act and Regulations.
You are required to demonstrate that you are in a genuine and continuing relationship to the exclusion of all others. You must be the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The relationship can be with someone of the same or different sex.
You are required, as part of the application process, to provide the Department of Home Affairs (‘Department’) with evidence of your relationship. Examples of the evidence that is required is included in our article Relationship Requirements for Partner Visa.
Ordinarily, you must be 18 years old or older to apply for a Partner Visa.
You are required to meet the minimum health standards before the Department will grant you a Partner Visa. You and any members of the family unit or dependent child who applies for the visa with you must be free from any disease or condition that is:
- A significant healthcare and community service cost to the Australian community; and
- Likely to limit the access of Australian citizens and permanent residents to healthcare and community services that are in short supply by placing demand on those services.
As part of the application process, you and any member of your family unit will be required to undertake a health examination. A health examination is valid for 12 months.
You and any members of the family unit or dependent child who applies for the visa with you must meet good character requirements. The Department will decide if you are of good character.
The requirement will be satisfied if your visa application shows you do not have a substantial criminal record (imprisonment of 12 months or more) and good general behaviour.
The common way to prove this is by obtaining an Australian Federal Police Certificate. You must also declare all criminal offences and truthfully answer all questions.
The Department will not grant you a Partner Visa if there is a risk that you will engage in criminal conduct and be in danger to the Australian community.
It is a requirement that if any outstanding debts are owed to the Australian Government by you or any family member, such debts must be paid prior to making an application for a Partner Visa.
You may not be eligible for a Partner Visa if you have had an earlier visa cancelled or refused whilst in Australia.
If you would like to know more about partner visas, please contact one of our friendly staff at Bambrick Legal:
- Call us on 08 8362 5269
- Email firstname.lastname@example.org
- Fill in our enquiry form here
- Visit our office at 133-135 Rundle Street, Kent Town SA 5067
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