Partner Visa Sponsorship Obligations

 

In order to apply for a Partner Visa (subclass 820/801), you must be sponsored by your de facto partner with whom you have had a relationship for 12 months or more, or your spouse.

 

Your de facto partner or spouse must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

 

Your sponsor must satisfy a number of requirements. They must provide the Department of Home Affairs (‘Department’) with an Australian and foreign police check when they apply for sponsorship and provide written consent to disclose any conviction for ‘relevant offences’ to you, the visa applicant.

 

A ‘relevant offence’ includes violence (murder, assault, sexual assault or threat of violence), harassment, firearms or dangerous weapons, people smuggling, human trafficking, kidnapping and/or attempting to commit any of these offences.

 

The Department will not refuse a visa application if your sponsor has a conviction for a relevant offence but no significant criminal record.  However, the Department will disclose such convictions to you, the visa applicant.  A significant criminal record is a sentence to death, life imprisonment, imprisonment of 12 months or more or two or more terms of imprisonment that total 12 months or more.

 

Further, your sponsor has an obligation to support you, the visa holder and your children who are granted the Partner Visa for the first two years after the Department has granted such visa by providing accommodation and financial assistance.

 

If your sponsor does not comply with their obligations, the Department may cancel your visa.

 

You and Your sponsor must let the Department know of any changes in circumstances that includes changes to contact details, if the relationship ends or if your sponsor wishes to withdraw their sponsorship.

 

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 admin@bambricklegal.com.au
  • Fill in our enquiry form here
  • Visit our office at 133-135 Rundle Street, Kent Town SA 5067

 

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