Your Checklist for a Partner Visa Application
Australia’s Partner Visa is one of the most popular choices for applicants - as many of them wish to reside in Australia with their family spouse or de facto partner. As there are several visa subclasses under this category with options for both temporary and permanent visas, it gives people a wider range of options.
Let us first have a brief overview of the different visa subclass options.
If you are in Australia while applying for a partner visa, you will be eligible to apply for:
- Partner Temporary Visa Onshore (Subclass 820)
- Partner Permanent Visa Onshore (Subclass 801)
If you are outside Australia while applying for a partner visa, you will be eligible to apply for:
- Partner (Provisional) Visa Offshore (Subclass 309)
- Partner Migrant Visa Offshore (Subclass 100)
Documentation Checklist
While each subclass may have slightly different documentation requirements, the overall checklist is very similar. It is extremely important for applicants to gather their documents before beginning their visa application process, as a slight mishap in the submission of documents may result in delays or possible refusals.
It is also important to note that each family may have to arrange for different documents based on their unique circumstances, such as health, character, family and financial situations.
The documentation checklist for the Partner Visa categories is as follows:
Identity documents
- Birth certificates of both parents - if this cannot be provided, applicants may submit one of the following:
- A family book showing the names of both parents
- Identity documents issued by the government
- A court-issued document that proves the applicant’s identity
- A family census register
- A valid passport copy
- National identity card (if applicable)
- Proof of name change (if applicable):
- A marriage or divorce certificate
- Change of name documents from an Australian Registry of Births, Deaths, marriages, or the relevant overseas authority
- Documents that show the other names the applicant is known by
Character documents
- Applicants who have spent 12 months or more in Australia in the last 10 years since they turned 16 must provide an Australian police certificate:
- Police certificates will be valid for up to 12 months from the date of issue
- An overseas police certificate from every country where an applicant has spent 12 months or more in the last 10 years since they turned 16
- Military service records or discharge papers if they served in the armed forces of any country
- Form 80 Personal particulars for assessment including character assessment
Evidence of relationships - evidence must be provided for:
- The applicant’s relationship with their partner
- Any former relationships (divorce certificates, death certificates, a statutory declaration - whatever is applicable to the applicant’s former relationships)
- Supporting evidence of the relationship
- Any dependents the applicant may have
Evidence of the applicant’s relationship with their partner
- Proof that the relationship is genuine and continuing
- The applicant and their partner live together or don’t live permanently apart
- The applicant and their partner are not related by family
- Relationship history - the applicant might be requested to provide details such as:
- How, when and where they first met
- How the relationship developed
- When they moved in together, got engaged or married
- What they do together
- The time they spent apart
- Significant events in the relationship
- Future plans as a couple
- Married couples can provide their marriage certificate as proof
- De facto partners will have to provide evidence such as:
- Proof of being in a de facto relationship for at least 12 months before applying for a visa
- If the applicant has not been in a de facto relationship for at least 12 months then they can provide:
- Evidence that they have registered their relationship with an Australian birth, death or marriage agency; or
- A statement that provides compelling or compassionate circumstances for the government to grant them the visa
Supporting evidence of the relationship
- Evidence that the applicant and their partner share financial responsibilities such as:
- Joint mortgage or lease documents
- Joint loan documents for major assets (e.g. homes, cars)
- Joint bank account statements
- Household bills in both names
- Evidence that the applicant and their partner share domestic responsibilities such as:
- A statement about how they share the housework
- Household bills in both names
- Mails or emails addressed to both
- Documents showing joint responsibility for children (if applicable)
- Documents proving their living arrangement
- Evidence that other people are aware of this relationship - 2 witnesses must provide 2 statements and they must be:
- 18 years of age or older
- Know about the applicant’s spouse or partner
- Know about the relationship
- Witnesses must complete and submit Form 888 - Statutory declaration by a supporting witness in relation to a Partner or Prospective Marriage visa application
- Evidence of the applicant and their partner’s commitment to a long-term relationship:
- Knowledge of each other’s background, family circumstances and other personal details
- The couple stayed in touch when they were apart
- The couple is not related by family
- The terms of the couple’s will (if applicable)
Documents for dependents under the age of 18
- Identity documents (e.g. valid passport, national identity card, etc)
- Evidence of the applicant’s relationship with their dependent (e.g. birth certificate, marriage certificate)
- Character documents if the dependent is 16 or 17 years of age
- Adoption papers or parental court orders (if applicable)
- Evidence of enrolment at a school, college or university (if applicable)
- Evidence of sole custody (if applicable)
Applicants must get consent for their dependents from anyone who:
- Has a legal right to decide where the child lives; and
- Is not coming to Australia with the child:
- The person must complete and submit Form 1229 Consent form to grant an Australian visa to a child under the age of 18 years; or
- Submit a statutory declaration giving their consent for the child to visit Australia on this visa
- The person’s identity documents must be provided as well
Alternatively, the applicant can provide documents such as:
- An Australian court order that allows their dependent to migrate to Australia, or
- Laws of the dependent’s home country that allow them to leave the home country
For dependents who are over the age of 18:
- They must be completely or substantially dependent on the applicant more than anybody else for their basic needs of food, clothing, shelter, etc
- They are unable to work to support themselves because they have a disability that completely or substantially affects their bodily or mental functions
- Identity documents (valid passport, national identity card, etc)
- Documents about their other relationships (if applicable)
- Health and character documents
- Evidence of the applicant’s relationship with the dependent (birth certificate, adoption papers, etc)
- Evidence of financial dependence such as bank statements, money transfers, rent receipts, etc
- Form 47a Details of a child or other dependent family member aged 18 years or over
Changes to an applicant’s situation since they applied for a Partner Visa must be acknowledged as well
- Form 1022 - Notification of changes in circumstances must be filled and submitted
- The following documents (if applicable) must be submitted as well:
- Marriage certificate
- Child/children’s birth certificate
- Adoption papers
- A final divorce decree or legal separation agreement
- A court decision on child custody
- Partner/spouse’s death certificate
- Proof of name change
- If the applicant has a new or updated passport or changed address, they must submit:
- Form 929 - Change of address and/or passport details
- The pages of their current passport show their photo, personal details and passport issue and expiry dates
Kindly note that any documents that are not in English must be translated by accredited translators who can be either in Australia or outside Australia.
Disclaimer: Kindly note that the information provided here does not constitute legal advice. This must solely be regarded as content that provides general immigration information and is not a substitute for professional legal advice that occurs between an immigration lawyer and a client.
Path Migration strongly recommends readers to contact certified immigration lawyers for a holistic overview of the Australia immigration system and a detailed analysis of each case.