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  • Home
  • Services
    • Onshore Partner Visa
    • Offshore Partner Visa
    • Prospective Marriage Visa
  • More
    • About Us
    • Our Process
    • Our Packages
    • Why Partner Visa Planners
    • Book an Appointment
    • Contact Us
    • FAQs

Partner Visa Glossary

Australian CitizenAustralian Permanent ResidentEligible New Zealand CitizenSponsorSpouseDe Facto PartnerGenuine RelationshipRegistered Relationship / Civil PartnershipFour Aspects of a RelationshipFinancial Aspect of a RelationshipSocial Aspect of a RelationshipNature of HouseholdCommitment to each otherHealth RequirementCharacter ConcernSponsor LimitationSubstantive VisaBridging Visa

Australian Citizen

What is an Australian Citizen?

Becoming an Australian citizen is a significant milestone for many individuals. It grants the legal right to live in Australia permanently, offering a sense of belonging and the opportunity to fully participate in the country’s civic life. Citizenship can be obtained through birth, descent, or naturalisation, and brings a variety of rights and responsibilities that are essential for contributing to Australia’s future.


Ways to Become an Australian Citizen


Citizenship by Birth

Individuals born in Australia to at least one Australian parent automatically acquire Australian citizenship. This is the simplest and most immediate path to citizenship, conferring both rights and responsibilities from birth.


Citizenship by Descent

Those born outside of Australia can claim citizenship by descent if at least one parent was an Australian citizen at the time of their birth. This option allows children of Australian citizens, born abroad, to enjoy the rights and privileges of Australian citizenship.


Citizenship by Naturalisation

For individuals who are not Australian citizens, the naturalisation process is the pathway to citizenship. This requires meeting residency criteria, demonstrating good character, and passing a citizenship test. Naturalisation ensures that new citizens are integrated into Australian society and committed to its values.


Rights of an Australian Citizen

Australian citizens enjoy a wide range of rights, including the ability to:

  • Live in Australia indefinitely
  • Apply for an Australian passport
  • Vote in Australian elections
  • Access healthcare and social services
  • Work in government roles
     

Responsibilities of an Australian Citizen

With these rights come responsibilities, such as:

  • Abiding by Australian laws
  • Serving on a jury when called upon
  • Voting in federal, state, and territory elections
  • Defending the country if necessary
     

Benefits of Australian Citizenship

Becoming an Australian citizen offers numerous advantages, such as the ability to travel on an Australian passport, influence government decisions through voting, and access the country's top-tier healthcare and education systems. Citizenship also opens doors to government and defence jobs, enhancing career prospects.


Conclusion

Australian citizenship is a valued status that provides individuals with a deep sense of belonging and the opportunity to contribute to the nation’s development. Whether achieved through birth, descent, or naturalisation, becoming an Australian citizen is a rewarding journey that offers numerous personal, professional, and social benefits.

Australian Permanent Resident

What is an Australian Permanent Resident?

An Australian Permanent Resident is a non-citizen who has been granted the legal right to live, work, and study in Australia permanently. Permanent residency is a key immigration status and plays an important role in family migration, including eligibility to sponsor a partner for an Australian partner visa.


What is Permanent Residency?

Permanent residency in Australia allows individuals to reside in the country indefinitely. While they are not Australian citizens, permanent residents have access to many of the same rights and entitlements, such as healthcare through Medicare, work rights, and certain social security benefits. However, they do not hold an Australian passport and are not required to vote in elections.


Permanent Residents and Partner Visa Sponsorship

An Australian Permanent Resident is one of the three categories of individuals eligible to sponsor a partner for a partner visa. The other two are Australian citizens and Eligible New Zealand Citizens. Permanent residents must meet certain character and sponsorship requirements, but their residency status allows them to bring their spouse or de facto partner to Australia through the partner visa program.


In Summary

An Australian Permanent Resident is someone who has the legal right to live in Australia indefinitely but is not an Australian citizen. They are eligible to sponsor their partner or spouse for an Australian partner visa, making their residency status a crucial part of the visa process.

Eligible New Zealand Citizen (ENZC)

Understanding the definition of Eligible New Zealand Citizen (ENZC) for Australian Visa Purposes

An Eligible New Zealand Citizen is a specific category of New Zealand nationals who are treated similarly to Australian permanent residents to sponsor a partner visa. While most New Zealand citizens can live and work in Australia under the Special Category visa (subclass 444), only a select group are considered "eligible" for certain benefits, including sponsoring a partner for migration.


Who is an Eligible New Zealand Citizen?

Not all New Zealand citizens are considered eligible under Australian immigration law. An Eligible New Zealand Citizen is someone who:

  • Was in Australia on 26 February 2001 as the holder of a Special Category visa (subclass 444), or
  • Had been in Australia for a period (or periods) totalling 12 months in the two years immediately before 26 February 2001, or
  • Had a Centrelink certificate issued prior to 26 February 2004 confirming eligibility for social security payments
     

This status is different from that of a standard New Zealand citizen living in Australia. Eligible New Zealand Citizens are recognised as having the same rights as Australian permanent residents in certain areas, including sponsoring their partner for a partner visa.


Why This Matters for Partner Visas

Partner visa sponsorship is restricted to individuals who are Australian citizens, Australian permanent residents, or Eligible New Zealand Citizens. A regular New Zealand citizen who does not meet the eligibility criteria cannot sponsor a partner for a permanent visa. Therefore, confirming eligibility is a crucial step in the partner visa process when the sponsor is from New Zealand.


In Summary

An Eligible New Zealand Citizen holds a special status in Australia that allows them to act as a sponsor for their partner’s visa. This classification is limited to New Zealanders who were residing in Australia under specific circumstances on or before 26 February 2001. Understanding this distinction is important for anyone relying on a New Zealand sponsor in the Australian partner visa process.

Sponsor

Understanding the definition of Sponsors for Australian Visa Purposes

In the context of Australian partner visas, a sponsor is the person who supports the visa application of their partner. The sponsor must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. They play a crucial role in the visa process by formally agreeing to support their partner during their initial years in Australia.


Who is a Sponsor?

A sponsor is the Australian-based partner who invites and supports their spouse or de facto partner to live in Australia through a partner visa. The sponsor provides assurances to the Australian Government that they will assist their partner financially and emotionally during the visa period, especially if the visa applicant faces challenges settling in.


Sponsorship is a formal commitment and comes with responsibilities. It also involves an assessment process where the Department of Home Affairs considers the sponsor’s background, character, and relationship history.


Key Criteria

To be eligible to sponsor a partner, a person must:

  • Be at least 18 years old
  • Be an Australian citizen, Australian permanent resident, or an eligible New Zealand citizen
  • Be in a genuine and ongoing relationship with the visa applicant
  • Not be barred or restricted from sponsoring (e.g., due to past sponsorships or criminal convictions)
     

Sponsors are required to provide support to their partner for up to two years, ensuring they have access to accommodation and financial assistance if needed.


Sponsorship Limitations

Australian immigration law places restrictions on how often a person can sponsor a partner. Generally, an individual can sponsor up to two people in their lifetime for a partner visa, with at least five years between sponsorships. In certain circumstances, a sponsorship may be refused if the sponsor has a concerning history, such as domestic violence or multiple previous sponsorships.


In Summary

A sponsor is a key part of the partner visa process in Australia, offering formal support and meeting eligibility standards set by immigration authorities. While being a sponsor is a sign of commitment, it also involves a level of accountability and legal responsibility. Understanding who can be a sponsor—and what that role entails—is an essential part of preparing for a successful partner visa application.

Spouse

Understanding the Definition of a Spouse for Australian Visa Purposes

In Australian immigration law, a spouse is a person who is legally married to their partner and shares a genuine and ongoing relationship with them. A spouse relationship forms one of the two primary relationship types (alongside de facto) that can form the basis of a partner visa application in Australia.


What is a Spouse?

A spouse is defined as a husband or wife in a legally recognised marriage. The marriage must be valid under Australian law, which means it must be legally registered in Australia or overseas in a form that is recognised by Australian authorities.


Being married does not automatically guarantee a successful partner visa outcome. The couple must still show that the relationship is genuine and continuing, and that they share a mutual commitment to a shared life.


Key Criteria

To be recognised as a spouse for Australian visa purposes, the couple must:

  • Be legally married
  • Be in a genuine and continuing relationship
  • Live together or not live apart on a permanent basis
  • Be mutually committed to a shared life, to the exclusion of all others
     

Evidence of the relationship is still required, even if the marriage is legally recognised. The Department of Home Affairs considers a range of factors, including financial interdependence, social aspects of the relationship, shared living arrangements, and emotional support.


Spouse vs. De Facto Partner

While both spouses and de facto partners are eligible to apply for a partner visa, the main distinction lies in the legal status of the relationship. A spouse has a legally recognised marriage certificate, whereas a de facto partner does not. However, both must demonstrate that the relationship is genuine and not solely for immigration purposes.


In Summary

A spouse is someone who is legally married and shares a genuine, ongoing relationship with their partner. For a partner visa, being married is just one part of the equation—what matters most is that the relationship is real, exclusive, and continuing.

Understanding the requirements for a spouse relationship under immigration law helps ensure that your visa application is complete, accurate, and well supported.

De Facto Partner

Understanding the definition of De Facto Relationship for Australian Visa Purposes

 In Australian immigration law, a de facto partner is someone who is in a genuine, committed relationship with another person—comparable to marriage—but without being legally married. This status is a key eligibility pathway for many people applying for an Australian partner visa.


What is a De Facto Partner?

A de facto partner is defined as a person who lives with their partner in a genuine domestic relationship, regardless of gender. The couple must be committed to a shared life, and the relationship must be exclusive and ongoing.

This applies to:

  • Heterosexual couples
  • Same-sex couples
     

The Australian Department of Home Affairs recognises de facto relationships as valid grounds for both onshore and offshore partner visa applications.


Key Criteria

To be recognised as a de facto partner for visa purposes, a couple generally must:

  • Have been in the relationship for at least 12 months, or
  • Have registered their relationship in an Australian state or territory (if available)
  • Be able to demonstrate a genuine and continuing relationship
  • Live together or not live separately on a permanent basis
     

Evidence is required to support the nature of the relationship, including financial aspects, social acknowledgment, shared responsibilities, and the commitment to a shared life.


How It Differs from Marriage

While a de facto relationship is not a marriage, it still holds legal significance under Australian law. The main difference is the absence of a legal marriage certificate. However, the expectations around commitment, living arrangements, and mutual support are similar.


The Department assesses de facto and married couples under the same visa categories but may require more supporting evidence for de facto claims.


In Summary

A de facto partner is someone in a real, committed relationship without being married. For partner visa purposes, demonstrating that your relationship meets the legal definition of a de facto partnership is essential. It requires clear, consistent evidence that your lives are genuinely shared.


Understanding what constitutes a de facto partner is an important part of preparing a strong partner visa application. At Partner Visa Planners, we help applicants understand what counts as valid proof and how to clearly present the nature of their relationship to immigration authorities.

Genuine Relationship

Understanding the definition of Genuine Relationship for Australian Partner Visas

To be eligible for a partner visa in Australia, you and your sponsor must demonstrate that you are in a genuine and continuing relationship. This is a core requirement set by the Department of Home Affairs and applies to all partner visa subclasses, including the Onshore Partner Visa (Subclass 820/801), Offshore Partner Visa (Subclass 309/100), and Prospective Marriage Visa (Subclass 300).


What is a Genuine Relationship?

A genuine relationship means that you and your partner are committed to a shared life together, to the exclusion of all others. The relationship must be real, ongoing, and not entered into solely for the purpose of obtaining an Australian visa.

The Department assesses the genuineness of your relationship based on four main factors:

  • Financial Aspects – How you and your partner manage your financial responsibilities, such as shared accounts, joint bills, or expenses.
  • Social Aspects – How your relationship is seen by family, friends, and the broader community. This can include joint invitations, shared holidays, or social media history.
  • Nature of the Household – How you live together on a daily basis, such as sharing household duties, a residential address, or other day-to-day arrangements.
  • Commitment to Each Other – Evidence that you’re committed long-term, like future plans together, joint decision-making, or communications during time apart.
     

You don’t need to show the same type of evidence as every other couple — but you do need to demonstrate that your relationship is genuine and well-documented.


Why This Requirement Matters

Meeting the genuine relationship requirement is essential for a successful partner visa application. Even if you’re legally married or in a de facto relationship, the Department will carefully review the strength and authenticity of your relationship.

Applications that lack convincing evidence may be delayed or refused — which is why thoughtful preparation and strong documentation are so important.


What the Department Looks For

There is no single document that proves a genuine relationship. Instead, the Department looks for a combination of evidence that paints a clear picture of your life together. This might include:

  • Joint lease or mortgage agreements
  • Photos and travel records together
  • Texts, emails, or call logs during periods apart
  • Statutory declarations from family or friends
  • Evidence of shared finances, such as bank statements or utility bills
     

The more complete and consistent your evidence is, the better.

Registered Relationship / Civil Partnership

Understanding Registered Relationship / Civil Partnership for Australian Partner Visas

A Relationship Registration Certificate, sometimes referred to as a Civil Partnership Certificate, is an official document issued by a state or territory government in Australia. It legally recognises a couple’s relationship without the need for marriage and is especially relevant for partner visa applicants who are in a de facto relationship.


What is a Relationship Registration Certificate?

A Relationship Registration Certificate confirms that two people are in a committed, exclusive relationship. This type of registration is available in several Australian states and territories, including New South Wales, Victoria, Queensland, Tasmania, and the Australian Capital Territory.


While each state has its own rules, the certificate typically requires both partners to:

  • Be over the age of 18
  • Not be married or in another registered relationship
  • Live in the state or territory where the relationship is being registered
  • Provide identity documents and proof of residence
     

Once approved, the certificate acts as formal evidence of your relationship.


Why is it Important for Partner Visas?

For partner visa purposes, a registered relationship can help meet the requirement of being in a de facto relationship — particularly if the couple hasn’t yet lived together for the usual 12-month period.


The Department of Home Affairs recognises relationship registration as a valid indicator of a genuine de facto relationship. While it doesn’t remove the need to demonstrate the authenticity of your relationship, it does carry weight in the assessment process.


Differences from Marriage

While marriage and relationship registration are both forms of legal recognition, they are distinct:

  • Marriage is recognised nationwide and internationally.
  • Relationship registration is state-based and only recognised within Australia for visa and legal purposes.
  • A relationship certificate does not carry the same legal implications as marriage but is still a valid way to show commitment.
     

Where It’s Accepted

Relationship registration is currently available in:

  • New South Wales
  • Victoria
  • Queensland
  • Tasmania
  • Australian Capital Territory
     

It’s not available in Western Australia or the Northern Territory at this time.


In Summary

A Relationship Registration Certificate is a powerful piece of evidence in partner visa applications, especially for couples in de facto relationships who may not meet the 12-month cohabitation rule. It helps formalise your relationship under Australian law and strengthens your application by confirming your commitment to one another.

At Partner Visa Planners, we understand the importance of every detail — including how relationship registration fits into the broader requirements of your partner visa journey.

Four Aspects of a Relationship

Understanding the 4 pillars of partner visas

For Australian partner visa applications, demonstrating a genuine and continuing relationship is essential. The Department of Home Affairs assesses the authenticity of a relationship through four key aspects. Each aspect helps establish that the relationship is real, ongoing, and not entered into primarily for visa purposes.


1. Financial Aspects

This relates to how a couple manages and shares financial responsibilities. The financial aspect shows a level of interdependence and mutual responsibility that reflects a committed relationship.


2. Nature of the Household

This refers to how the couple shares day-to-day life. It may include: This aspect highlights the practical elements of cohabitation and domestic partnership.


3. Social Aspects

This involves how the relationship is presented publicly and within social circles. Social recognition of the relationship supports the claim that the partnership is widely known and accepted.


4. Nature of the Commitment

This focuses on the emotional and long-term commitment between the partners. This aspect demonstrates that both individuals are invested in the relationship for the long term.


Conclusion

Understanding and providing evidence across all four aspects—financial, household, social, and commitment—is vital when applying for a partner visa in Australia. Each aspect contributes to the overall picture of a genuine and ongoing relationship, as required by the immigration authorities.

Financial Aspect of a Relationship

Understanding the financial aspect of a relationship for Partner VIsas

The financial aspect of a relationship is one of the key criteria used by the Department of Home Affairs to assess whether a partner visa applicant is in a genuine and continuing relationship. It refers to the way a couple shares and manages financial responsibilities, which helps demonstrate a level of interdependence typical of committed partners.


What the Financial Aspect Covers

This aspect focuses on how the couple supports one another financially and manages joint expenses. It can include:

  • Joint bank accounts or credit cards
  • Shared bills (utilities, rent, mortgage)
  • Evidence of one partner supporting the other financially
  • Joint loans or financial agreements
  • Shared purchases or financial planning
     

Why It Matters

Showing financial interdependence is a strong indicator that the relationship is more than just emotional or social—it reflects a practical commitment to building a life together. While not every couple will have all types of financial ties, genuine efforts to combine finances or support each other financially are important.


Types of Supporting Evidence

Examples of documents that may support the financial aspect include:

  • Bank statements showing joint transactions
  • Rental agreements or utility bills in both names
  • Receipts for shared expenses or large purchases
  • Evidence of money transfers between partners
  • Insurance policies listing the partner as a beneficiary
     

Conclusion

The financial aspect helps establish the genuine nature of a relationship by demonstrating shared responsibility and commitment. When applying for a partner visa, it’s important to provide clear and consistent evidence of how you manage your finances as a couple.

Social Aspect of a Relationship

UNDERSTANDING THE Social ASPECT OF A RELATIONSHIP FOR PARTNER VISAS

The social aspect of a relationship refers to how a couple presents their relationship to the outside world. It reflects how the relationship is acknowledged by friends, family, and the broader community—an important factor in assessing whether a relationship is genuine and ongoing for the purposes of an Australian partner visa.


What the Social Aspect Covers

This aspect focuses on how the couple interacts socially and whether they are recognised as a couple by others. It may include:

  • Attending social events together
  • Being listed as each other’s partner on official records
  • Joint invitations or memberships
  • Public acknowledgment of the relationship (in person or online)
     

Why It Matters

Couples in genuine relationships typically engage in social activities together and are seen as a unit by those around them. Evidence of a shared social life helps show that the relationship is real and not kept hidden from others.


Types of Supporting Evidence

Examples of documents that may support the social aspect include:

  • Photos together at family events, holidays, or celebrations
  • Social media posts or messages showing interaction as a couple
  • Statutory declarations from friends and family
  • Joint invitations to weddings, events, or travel
  • Evidence of shared memberships (gyms, clubs, loyalty programs)
     

Conclusion

The social aspect helps demonstrate the public nature of a couple’s relationship. When applying for a partner visa, evidence of social connection adds credibility and context to the partnership, reinforcing its genuine and committed nature.

Nature of Household

UNDERSTANDING THE REQUIREMENT OF THE NATURE OF HOUSEHOLD FOR PARTNER VISAS

The nature of the household refers to how a couple manages their day-to-day life together. It includes the practical arrangements and responsibilities involved in living as a couple—an essential factor in assessing the genuineness of a relationship for an Australian partner visa.


What the Nature of the Household Covers

This aspect focuses on how a couple shares domestic life and whether they function as a single household. It may include:

  • Living together at the same residential address
  • Sharing household chores and responsibilities
  • Joint ownership or rental of a property
  • Mutual financial responsibilities related to the home
     

Why It Matters

Living together and sharing domestic arrangements shows that the relationship is not merely emotional or social, but also involves a shared life. It helps demonstrate stability and commitment.


Types of Supporting Evidence

Documents that help show the nature of the household include:

  • Lease agreements or mortgage documents in both names
  • Joint utility bills (electricity, water, internet)
  • Correspondence addressed to both partners at the same address
  • Evidence of shared household purchases or expenses
  • Statements outlining how domestic tasks are divided
     

Conclusion

The nature of the household provides insight into how a couple manages life under one roof. Demonstrating a shared home environment helps support the claim of a genuine and ongoing relationship when applying for a partner visa in Australia.

Commitment to Each Other

UNDERSTANDING THE REQUIREMENT OF THE COMMITMENT BETWEEN PARTNERS FOR PARTNER VISAS

Commitment to each other refers to the emotional, psychological, and long-term dedication between two people in a relationship. For an Australian partner visa, this aspect helps demonstrate that the relationship is genuine, exclusive, and intended to be ongoing.


What Commitment Involves

This aspect is about more than just affection. It includes the couple’s intentions and actions that reflect loyalty, trust, and a shared future. It may involve:

  • Plans for long-term life together
  • Emotional support through challenges
  • Evidence of exclusive and monogamous partnership
  • Statements about future goals as a couple
     

Why It Matters

Genuine commitment shows that both partners are emotionally invested in building a life together. This helps confirm the relationship is not temporary or arranged for migration purposes.


Types of Supporting Evidence

Common examples used to show commitment to each other include:

  • Personal written statements explaining the history and future of the relationship
  • Evidence of ongoing communication during any periods apart
  • Joint travel plans or trips taken together
  • Wills, superannuation nominations, or life insurance policies listing each other as beneficiaries
  • Social media or digital records reflecting a genuine connection
     

Conclusion

Commitment to each other is a key part of proving that a relationship is real and intended to last. Demonstrating emotional investment and long-term plans supports a strong partner visa application in Australia.

Health Requirement

UNDERSTANDING THE HEALTH REQUIREMENT FOR PARTNER VISAS

All applicants for an Australian Partner Visa must meet specific health requirements. These checks are in place to protect public health and ensure that new visa holders do not place excessive demand on Australia’s health and community services.

Health assessments typically involve:

  • A medical examination by a panel physician
  • A chest X-ray (usually for applicants aged 11 and above)
  • Blood tests, such as an HIV test, depending on the applicant’s age, country of origin, and personal health history
     

These health checks must be completed through clinics approved by the Department of Home Affairs. In some cases, family members included in the application, even if they are not migrating, may also be required to undergo medical checks.

Meeting the health requirement is essential for visa grant. If significant health concerns are identified, the application may be delayed or refused.

Character Requirement

UNDERSTANDING THE Character REQUIREMENT FOR PARTNER VISAS

To be eligible for an Australian Partner Visa, applicants must also meet character requirements. This means they must be of good character and pose no risk to the Australian community.


Character assessments include:

  • Providing police clearance certificates from all countries where the applicant has lived for 12 months or more in the past 10 years
  • Declaring any criminal convictions or legal issues in the visa application
  • Undergoing additional checks if required by the Department of Home Affairs
     

A history of criminal offences, immigration violations, or false information may lead to the refusal of a partner visa application, even if the relationship itself is genuine.

Satisfying the character requirement is a crucial step in the partner visa process and is taken seriously by immigration authorities.

Sponsorship Limitation

UNDERSTANDING THE Sponsorship Limitations FOR PARTNER VISAS

When applying for a Partner Visa in Australia, the sponsoring partner must meet certain eligibility requirements. One key consideration is the sponsorship limitation rules, which are designed to prevent repeated or inappropriate sponsorship of multiple partner visa applicants.


These rules ensure the integrity of the visa program and protect both applicants and sponsors.


What Are Sponsorship Limitations?

Sponsorship limitations are conditions that may prevent someone from sponsoring a partner for a visa. These limitations typically apply in the following situations:

  • The sponsor has previously sponsored two other partners for a partner visa
  • The sponsor has sponsored another partner within the last five years
  • The sponsor was granted a partner visa themselves within the last five years
     

These restrictions aim to prevent misuse of the partner visa system by limiting repeated sponsorships over short periods.


Are There Exceptions?

Yes, the Department of Home Affairs may grant a waiver of the sponsorship limitations in compelling circumstances, such as:

  • The current relationship is long-standing and genuine
  • There are dependent children involved
  • The previous partner passed away or the relationship ended due to family violence
     

Each case is assessed individually, and strong evidence is required to support any request for an exemption.


Purpose of Sponsorship Limitations

Sponsorship limitations are in place to:

  • Prevent exploitation or serial sponsorship
  • Encourage long-term, genuine relationships
  • Protect visa applicants from harm
     

Understanding these rules helps couples avoid delays and ensures that applications meet the necessary legal framework.


Conclusion

Sponsorship limitations can affect your eligibility to sponsor a partner for an Australian visa. If you or your partner have been involved in past sponsorships, it's important to understand whether these rules apply and if there may be grounds for an exemption. These measures help uphold the integrity of the partner visa program while still allowing room for genuine and compassionate circumstances.

Substantive Visa

UNDERSTANDING Substantive Visa IN Australia

A substantive visa is any visa granted by the Australian Government that is not a bridging visa, criminal justice visa, or enforcement visa. In the context of Australian migration law, a substantive visa gives a person lawful status in Australia and typically includes conditions such as work rights, study rights, or travel entitlements.


Substantive Visa and Partner Visa Applications

When applying for an onshore Partner Visa (Subclass 820/801), the applicant must generally hold a substantive visa at the time of application. This ensures that the person is lawfully present in Australia and not relying on a temporary bridging arrangement unless exceptional circumstances apply.


Examples of substantive visas include:

  • Visitor visa (Subclass 600)
  • Student visa (Subclass 500)
  • Temporary Skill Shortage visa (Subclass 482)
  • Working Holiday visa (Subclass 417 or 462)
  • Temporary Graduate visa (Subclass 485)
  • Any other visa except a bridging, enforcement, or criminal justice visa
     

Importance of Holding a Substantive Visa

Holding a substantive visa is important because it:

  • Maintains lawful status while the Partner Visa is being processed
  • Allows the applicant to apply validly for a Partner Visa while in Australia
  • Avoids the need for Schedule 3 criteria to be met, which can be difficult and complex
     

If an applicant does not hold a substantive visa at the time of applying, they may need to seek a waiver of Schedule 3 requirements, which involves showing compelling reasons for lodging the application while unlawful or on a bridging visa.


Conclusion

A substantive visa is a key requirement for many onshore Partner Visa applicants. It confirms the applicant’s lawful presence in Australia and plays a crucial role in the eligibility and validity of the visa application. Understanding whether you or your partner currently hold a substantive visa is essential before proceeding with a partner visa application.

Bridging Visa

UNDERSTANDING Briding Visas IN Australia

A bridging visa is a temporary visa granted by the Australian Government to individuals who are in Australia unlawfully or whose existing visa has expired. It allows the holder to remain legally in Australia while they wait for the outcome of a visa application, such as a Partner Visa, or while resolving their immigration status.


Types of Bridging Visas

There are several types of bridging visas, including:

  • Bridging Visa A (Subclass 010) – Allows you to stay in Australia while your visa application is processed.
  • Bridging Visa B (Subclass 020) – Similar to Subclass 010 but allows you to travel in and out of Australia.
  • Bridging Visa C (Subclass 030) – Granted to people who are in Australia unlawfully and need to regularise their status.
  • Bridging Visa D (Subclass 041) – For people who need to stay in Australia while waiting for a decision on their visa application or a review of their immigration status.
     

Bridging Visa and Partner Visa Applications

For individuals applying for a Partner Visa (whether onshore or offshore), a Bridging Visa may be essential if their substantive visa has expired or if they are waiting for the outcome of their partner visa application.

  • If you’re applying for a Partner Visa while in Australia, you may be granted a Bridging Visa A (Subclass 010) or B (Subclass 020), allowing you to remain lawfully in Australia while your application is being processed.
  • If you apply while holding a Bridging Visa (or another visa with specific conditions), it’s crucial to comply with any visa conditions to avoid complications in your partner visa process.
     

Bridging Visa Conditions

Bridging visas generally come with conditions, such as:

  • Work restrictions: You may or may not be allowed to work, depending on the specific visa subclass and your circumstances.
  • Travel restrictions: Some Bridging Visas prohibit travel outside of Australia.
  • Stay conditions: You must remain in Australia while your visa is being processed or until the visa conditions change.
     

If you do not comply with your visa conditions, it can negatively affect your application for a Partner Visa.


Bridging Visa Limitations

While Bridging Visas provide lawful status during the Partner Visa process, they also come with limitations:

  • They are only valid for a temporary period while you wait for your Partner Visa application to be processed.
  • In some cases, if you have a Bridging Visa, you may need to apply for a Bridging Visa B (Subclass 020) if you need to travel abroad while waiting for the decision on your Partner Visa.
     

Conclusion

A Bridging Visa is a key tool for individuals who are in Australia unlawfully and are applying for a Partner Visa or any other visa. It allows you to remain in Australia lawfully while your application is being processed, but it is essential to understand and comply with the conditions attached to your Bridging Visa.


If you're uncertain about whether you need a Bridging Visa or how to apply for one during your Partner Visa process, seeking professional advice can help clarify your situation and ensure a smooth immigration journey.

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