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!!!!

Types and categories of Australian Partner Visa, Part 1

Many people confuse with Australian Partner Visa. How it's work and so on. Usually when you have an overseas partner and sometime there are some miscommunication about this. Usually when you have a language barrier, that will even make things harder.

Australian Partner Visa is for the couple who shared mutual life and commitment. Be it, same sex or opposite sex. 

Australian Partner Visa, there are 2 ways to approach this:

  • Partner Visa by marriage, and
  • Partner Visa by de facto relationship.
Here are some important information that I really want everyone to know. Usually when the sponsor need to sponsor your love one from overseas.

Partner Visa by marriage:
This is very straight forward. The name said it all; Partner Visa by marriage. That is means one can sponsor his or her marriage spouse to Australia under this category. As long as the couple are marriage couple and the marriage has been recognized by the Australian government.

Please note that the Australian government does not recognize:
  • same sex marriage
  • incest marriage
  • polygamy marriage.
The marriage need to be recognized by Australian government. Please also note that you need to register your marriage in just 1 country. If you marriage overseas, you don't need to re-register your marriage in Australia. 

Partner Visa by de facto relationship:
People can share a mutual commitment and life without marriage. That is just a personal choice or sometime it is circumstances that they are facing, for example same sex couple cannot legally marriage in Australia.

Couple who can demonstrate that they have shared mutual commitment and shared life together for more than 12 months. That is considered a "de facto" couple from immigration perspective. This is applied for both same sex couple and opposite sex couple.

For some couple who have shared mutual commitment and shared life together but less than 12 months, they still can apply for Partner Visa under de facto relationship stream, if and only if their relationship is "registered". This is applied for both same sex couple and opposite sex couple.

In order to get your relationship registered, it can be done ONLY in some states and territories. Each state and territory has its own requirement. I will write more about register of relationship in later post.