partner_spouse

Genuine Relationship

An Australian citizen, a permanent resident, or an eligible NZ Citizen, can sponsor their partner to migrate to Australia to obtain permanent residence and consider future citizenship. The migration regulations require there to be a genuine relationship, that is genuine and continuing, to the exclusion of all others, and not living separately and apart permanently.

Evidence is crucial

Situations vary considerably for many couples. Therefore the outward signs of a genuine and continuing relationship vary greatly. The substance of this must be present for the applicant and the sponsor. And the process is to then evidence the relationship within plausible bounds. It’s a process of logically presenting evidence to demonstrate this effectively to immigration case officers who are delegated with the Immigration Minister’s responsibility to decide the partner visa application. To make the claim there must be sound evidence.

It’s a very thorough process. A thorough review needs to be made before undertaking the application process to see that the substance of the regulation is met and, importantly, the evidence is available in each applicant’s unique situation. Presentation and articulation of the evidence is then important for a partner visa application not to become a total distraction to your life, at an important stage of your life, when there is considerable relocation, change and settlement probably happening.

Options

The following are some options as to how the process could be viewed functionally for individual cases.

1. Intending to marry when the applicant is not present in Australia… there are three stages:

a) While the applicant is overseas an application is made for a prospective marriage visa (subclass 300) entitling the fiancé/ fiancée to first enter Australia as a single person and work/study for 9 months during which time they marry their sponsor.

b) Once married while on the above visa the applicant can be sponsored on a partner visa and when granted this gives a provisional spouse visa (subclass 820) until its further processing, generally about two years later.

c) On secondary processing after about two years, the Department determines if the relationship is still ongoing and the permanent spouse visa (subclass 801) is granted.

Rings

2. Living together and married (de jeure)…..

There are two stages: as per (b) and (c) above as for a spouse visa. If the spouse is offshore the subclasses are 309 and 100.

3. Living together in a de facto marriage for a minimum period of 12 months before a visa application, there are the two stages similar to a married couple for a spouse visa. (Registration of the relationship under certain state legislation may mean the 12 months relationship need not be proved to Australian Immigration.) The same process is followed for same sex relationships.

4. Living together for over 3 years (from March 27, 2010) in Australia or overseas, or two years where there is a child of the marriage, the partner can apply directly for permanent spouse visa for residence or migration in a one single application, proceeding to the subclass 801 onshore or subclass 100 offshore.

5. There was a partner visa for interdependent same-sex relationships that was similar to the de facto marriage visa… interdependent partner visa. This category was repealed in changes introduced in July 2009. Now same sex relationships follow the defacto visa process. While Australia does not include same-sex relationships in marriage laws it progressively accommodates same sex relationships in all visa categories. And it must be remembered that this category does include an extraordinarily close relationship that needn’t be of a sexual nature.

Numerous Considerations

Some of the many considerations for the partner visa advisor are:

Applicant, Sponsor and Witness Statements, Medicare entitlement, study plans, usual residence of the sponsor, sponsorship viability including business & employment, assurance of support, explanation of separation, legal barriers, consanguinity, sponsor sponsored before or serial sponsorship, partner sponsored before, children of current relationship, children of previous relationship, customary marriage, definition of marriage, state of de facto marriage and evidentiary assurance, recognition of relationships in foreign countries, single status proof, marriage certification, divorce and annulment, artificiality and cohabitation, same sex relationship, defining domestic violence, definition and inclusion of family unit, adult children as secondary applicants, adoption, step relationships, surrogacy, pregnancy and x-ray requirement and flying and scope of medical cover, health requirement waiver, emergency, defined commencement date of a relationship, company wife syndrome and itinerant work pattern, couples on extensive working holidays, second stage processing and its timing onshore and offshore, DNA testing, timing, notice of intention to marry, breakdown, schedule 3 or 5 considerations, immigration history, character considerations & submissions, penal reports, embassy and high commission specific overseas requirements, impact of children or death of partner while provisional, sponsorship and departmental obligations while provisional, previous children migrating later, statistical trends and cultural factors, intimacy test, recently legislated exception from the operation of the section 48 bar, when Australian sponsors need a national police check, international lifestyle, "distance relationships", long term relationships.

Each case is unique and most are complex. Call or email Hallmark Immigration now for an assessment and to start the processing of your partner case. Hallmark Immigration manages cases it lodges at any Australian Immigration post in the world as well as Australia.