Navigating Australian Partner Visas, a comprehensive guide

Partner visas offer a pathway for couples to reunite, start a new chapter in Australia, or to continue their stay in this beautiful country. However, the journey isn't without its intricacies. In this article, we'll delve into the nuances of Australian partner visas, including the two-stage processing, consequences of applying onshore versus offshore, the grant of bridging visas, access to Medicare, processing times, and more.

Two-Stage Processing

Australian partner visas involve a two-stage processing system, designed to test the longevity of the relationship. There are some exceptions to this, for example, if you are considered to be in a long-standing relationship, which is usually considered to be more than two years, or you have a child from the relationship. These applicants will by-pass the temporary visa application stage, and fast track to be considered for grant of a permanent partner visa. All other applicants must first apply for a Temporary Partner visa (subclass 820/309). Two years after the date of that first application, applicants will become eligible to apply for the Permanent Partner visa (subclass 801/100).

Onshore vs. Offshore Application: Weighing the Pros and Cons

Onshore Application (Subclass 820/801):

If you are eligible to apply from Australia then you will be granted a Bridging visa, allowing you to remain lawfully in the country while your application is processed.

You will become eligible for Medicare benefits during the processing period, easing healthcare concerns.

You may be affected by Schedule 3 criteria, explained below, which may impact your ability from making a valid partner visa application onshore.

Offshore Application (Subclass 309/100):

Applying from outside Australia might reduce the wait time for the grant of the visa. However this can vary, and depends on which location the applicant is applying from. You can view standard global processing times here.

You will need to remain outside of Australia during the processing of your application. There are exceptions to this rule, like if you are able to successfully secure another visa to Australia while your application is being processed.

Defining "Spouse" under Australian Migration laws

Spouse: a person who is legally married to another person.

De Facto Partner: Includes unmarried couples who have lived together for at least 12 months.

Same-Sex Marriage: Australia recognises same-sex marriages, including for visa purposes.

Schedule 3 Criteria: Navigating additional Challenges

Applicants who find themselves onshore on certain bridging visas, or without a valid visa may face additional challenges in making a valid application for a partner visa onshore due to having to satisfy what is commonly referred to as Schedule 3 criteria. This can potentially lead to an inability to lodge a partner visa application in Australia, requiring your non-Australian partner to lodge an application outside of Australia. However, there is hope:

Applying for a Partner Visa Despite Schedule 3 Criteria:

Who is Affected by Schedule 3 Criteria?

Schedule 3 criteria applies to Unlawful non-citizens: those present in Australia without a valid visa, and holders of a Bridging Visa for more than 28 days.

Waiving Schedule 3 Criteria: Compelling and Compassionate Circumstances

Applicants impacted by Schedule 3 criteria can have this criteria waived if they are able to demonstrate "compelling and compassionate circumstances." This involves providing strong reasons why the non-Australian partner needs to remain in Australia to lodge their partner visa application onshore due to exceptional reasons.

Seek Professional Advice:

The Department of Home Affairs considers the strength of evidence when granting a waiver to the Schedule 3 criteria. Seeking professional immigration advice is paramount, and will ensure that your situation is presented effectively.

While addressing Schedule 3 criteria can be complex, the possibility of waiving this criteria through compelling and compassionate circumstances offers hope for couples facing urgent and exceptional situations. If you think your circumstances fall in this category, consulting immigration experts can ensure your case is presented comprehensively and increase your chances of a successful outcome. Remember, a solid understanding of Schedule 3 criteria and expert guidance can ensure the path to a successful partner visa application.

Processing Times:

Processing times for partner visas can vary, depending if the application was lodged onshore in Australia or offshore. To view current processing times you can refer to the Global standard processing times provided for by the Department of Home Affairs and regularly updated here.

Have more questions? We thought you might!

Contact us today to explore your best migration pathway.

Note: The content presented in this article is intended for general informational purposes only and should not be construed as legal advice. While we endeavour to offer accurate and helpful information, the complexities of Australian immigration law require tailored advice from legal professionals. Migration regulations can change, and evolving case law affects the interpretation of the law making it crucial to consult with experienced immigration experts who can provide up-to-date insights specific to your unique situation. We recommend seeking professional guidance to navigate the intricacies of partner visas effectively and to ensure the best possible outcomes for your immigration journey.