Australian citizenship; 01 July 2018


As of 01 July 2018, there is no change in Australian citizenship requirement. As the law did not pass the Senate last time. It is the 2nd time that had happened. The government needs to rethink its policy, I suppose.

For those who are eligible, this is the good time to lodge your citizenship application, as the changes may happen anytime. Things are unpredictable indeed.

J Migration Team
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Australian Partner Visa Part 4; Same sex couple


For the spirit of Sydney Gay and Lesbian Mardi Gras Parade last weekend, I would like to take this opportunity to blog about the Australian Partner Visa for the same sex couple.

Please note that as of today, the Australian law does not recognize the same sex marriage. Therefore, if the same sex couple registered their marriage from somewhere else, it cannot be used to apply for Australian Partner Visa.

There are 2 ways for same sex partner to apply for Australian Partner Visa.

De facto relationship: 
Same sex couple can apply for Australian Partner Visa if they have been in relationship and have shared a mutual life and commitment to one another for at least 12 months. As long as the same sex couple can demonstrate that their relationship is long-term, genuine and continuing, then they can apply for Australian Partner Visa.

Register of relationship:
Same sex couple can apply for Australian Partner Visa even if they have not live or have a shared mutual commitment to one another for at least 12 months. They can register their relationship and apply for Australian Partner Visa. Good things about register of relationship is that it they do not have to wait for the Register of Relationship Certificate to be sent home in order to apply for Australian Partner Visa. They can use the receipt from the authority to apply for Australian Partner Visa immediately.

However, things to note: 
  • Not all states or territories have facilities of "register of relationship". 
  • Each state and territory have different requirement of "register of relationship". 
I will leave the detail of "register of relationship" to another blog.

I hope that this blog will benefit to some. I hope that love will be in the air, both for same sex couple and different sex couple....

Good luck everyone... may the love be with you...

Australian Partner Visa Part 3; different stages

So far I have blogged about the differences between the Australian Partner Visa by "marriage" or "de facto" relationship. At the same time I have also touched on the differences between applying "onshore" or "offshore" as well.

This blog we will look into the stages of Australian Partner Visa. It has 2 stages; Temporary and Permanent.

The reason that Australian Partner Visa has 2 stages because both the visa applicant and the sponsor need to demonstrate that their relationship is:

  • long-term, 
  • genuine and
  • continuing.
Therefore, it needs time and different stages to proof that their relationship is long-term, genuine and continuing. It is long and tedious process.


Stage 1; Temporary Resident:
This stage is the preliminary stage of the Australian Partner Visa. It doesn't matter if the visa application has been lodged onshore or offshore, if the visa applicant and the sponsor can demonstrate that their relationship is long-term, genuine and continuing, then the visa can be granted. However, it will just a temporary visa. It is not a permanent visa yet. This visa allows the visa applicant to stay indefinitely in Australia until the final stage (stage 2) of this visa is finalized.

It also has multiple entry status, meaning that the visa holder could travel in and out of Australia as s/he please.

If the visa applicant has lodged the onshore visa application, the applicant can wait for stage 1 onshore. However, if the visa applicant has lodged the offshore application, the applicant need to be offshore "on the date" of the visa decision. 

Visa applicant, although lodge an offshore visa application, s/he can come to Australia on whatever visa (tourist visa, student visa...etc) and spend time in Australia with his/her love ones. However, on the date of the visa decision, s/he needs to be outside the country.

Stage 2; Permanent Resident:
Once the visa application has been lodged for 2 years, then it is enter into 2nd stage of the Australian Partner Visa.

Some may ask why is that it needs 2 years to gain the permanent residency. As "relationship" is a sensitive issues. Many marriages, many relationships break down along the way. If that really happen, the Partner Visa will not be granted.

Having say that, the visa applicant and the sponsor should just live their normal life as usual. 2 years is not long if everyone just go on with their lives as per normal.

The 2 years period is counted from the date of application lodgement, not from the date the TR is granted. 

When the 2 years period comes, the Department of Immigration will send email or post to remind the visa applicant that it is time to lodge stage 2 application. Therefore, it is important that the Department of Immigration has an up-to-date information about the postal address and/or email address of the visa applicant.

In this 2nd stage, the visa applicant and the sponsor need to demonstrate that they are still in relationship and it is still long-term, genuine and continuing.

That is means, another set of paperwork. Another set of document!!! 

Australian Partner Visa is one of the long and tedious process. Both visa applicant and the sponsor need to be prepared mentally.

We hope that this blog has clear some doubts for some. If anyone still need more information about Australian Partner Visa, please do not hesitate to contact us, either by email, phone or any social media means of communication.

Types and categories of Australian Partner Visa, Part 2


In the previous blog I have wrote about the different types and categories of Australian Partner Visa; Partner Visa by Marriage versus Partner Visa by De facto relationship. This blog I would like to focus more on the differences between apply for Australian Partner Visa Onshore versus Offshore application. 

As mentions in my previous post that both marriage couple and de facto couple can apply for Australian Partner Visa, either by onshore or offshore. This apply for both the same sex couple and different sex couple.

Partner Visa Onshore:
That is means the visa applicant lodge his/her visa application onshore, in Australia. Upon the lodgement of Australian Partner, this is what will happen:

  • Visa applicant will automatically granted a Bridging Visa A.
  • Have access to Medicare.
  • Be able to work.
  • Be able to stay in Australia with your love one and wait for the visa to be granted.
  • If the visa is refused, the visa applicant can appeal and continue holding Bridging Visa A during the appeal process.

Partner Visa Offshore:
That is means the visa applicant have to lodge his/her visa application from outside Australia. It doesn't matter which country. Some visa applicants who reside in Australia but have the 8503 or 8534 conditions that prohibit them from lodging the Partner Visa application onshore, they easily can lodge Partner Visa offshore by fly to overseas; New Zealand, Fiji, Bali (or a few other near-by destinations) just for a few days and lodge the visa application and then fly back. 

Things that people needs to know about applying for Australian Partner Visa offshore:
  • Visa applicant will not have access to neither Medicare nor Bridging Visa A.
  • Visa applicant needs to be offshore on the date of visa decision making. During the visa process, the visa applicant can be in Australia under whatever visa (Tourist Visa, Student Visa...etc), but s/he needs to be outside of the country when the visa about to finalized (either grant or refuse).
  • If the visa is refused, the visa applicant can also appeal, just like the onshore visa applicant, except that s/he won't have Bridging Visa A.
I think that should sum up the different between Onshore and Offshore application for Australian Partner Visa.

Personally, I encourage people to lodge visa application onshore if s/he doesn't have 8503 or 8534 on his/her visa condition. So that the visa applicant can stay and wait for his/her visa with his/her love one. Even if the visa is refused, s/he can still stay in Australia with his/her love one during the appeal process. A long distance doesn't do any good to the relationship!!!!