The Australian Spouse Visa application can take months to process, so it is wise to ensure your case stands best chances of succeeding. The current processing times are quoted between 18-27 months depending on where you lodge the application. The current slow processing times have been greatly affected by the Covid-19 pandemic and closure of the Australian borders.

Should you decide to apply, you will have thought carefully before making the decision to emigrate to Australia as a parner, so it is important to get the application through smoothly and without any glitches, preferably using Australian Immigration Experts.

We at Taylor Hampton Solicitors explain here how couples can apply for the visa and the factors they must consider.  The Australian Spouse or De-Facto Spouse Visa allows non-Australian partners and spouses to obtain a visa to live in Australia with their Australian citizens or Permanent Visa holder partners.

The type of Visa a person can be granted mainly depends on length of the relationship and the couple’s circumstances. Both the temporary (309/820) and the Permanent (100/801) Visas require a considerable amount of form filling, for which Australian Immigration lawyers areable to help with – indeed, they do this for their clients every day.  It is also worth noting that an Australian visa and immigration lawyer will be able to work through the red tape far quicker than a newcomer to the system.

Factors to consider

What are the factors you need to think about if you choose to emigrate? For instance, will you need to be married or are couples living together able to apply?

Well, you do not need to be married and it will not affect your chances of success with the Australian Partner visa application. You do need to prove to the Australian immigration authorities that you are indeed a genuine couple and putting together the requirements for this can be onerous and somewhat ambiguous.  This is why you are well advised to enlist the help of Australian immigration experts. They will help you put together your case in a meaningful way.  For instance, your relationship should be with a ‘de-facto’ partner with whom you have lived for 12 months minimum on a continuous and exclusive basis.

An Australian visa and immigration lawyer will advise on whether or not you are eligible or should apply for the visa. For instance, you must be deemed to have a ‘good character’ and not have any major medical conditions unless a waiver is granted by the Immigration Minister. Some couples might need to wait with the visa lodgement until evidence of their relationship is more solid. An Australian migration agent will explain all the legislative requirements and apply them to your specific circumstances.

Caution with assessing duration of the application

When you apply for an Australian Partner Visa, how long it takes will depend on many factors. One is where you are based and another applied to which office will be reviewing the application.

The Australian Department of Home Affairs provides official statistics below: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times

The time taken to process can fluctuate.  Typically it is 17-28 months. Australian Visa processing times are not guaranteed as they often change without warning. So plans should be made very carefully based on the above indication. Most visas will give applicants sufficient time to travel to Australia and relocate on a permanent basis.

Despite the tiresome process the wait is worth it, because this is your first step in a longer process.  You might be eligible to receive a Permanent Partner Visa (subclass 100/801) if you are successful. This can be granted sooner if you have been a couple for much longer.

It is also worth considering how long it will take you to gather the necessary information. If you are an organised person, this may be sooner than for other applicants. Again, Australian Immigration lawyers can be invaluable in assisting you with collating the information in an organised and pragmatic manner.  You will need to have ready old passports, gather documentation on where you had previously been together, have a list of siblings and family with dates and places you have visited or even resided.  This documentation can take longer than you think to compile. Moreover, it must include financial evidence, household bills, joint and independent bank accounts and social information about your life together.  This will include records of travelling and photographs and shared hobbies.

Have you thought for instance where the birth certificates are of your family?  An Australian Immigration expert will guide you through the process and help this to run smoothly and speedily. Agents are prepared to guide applicants through the documentation and to help where something cannot be found.  Additionally, they will assist with completing and submitting forms for the Australian Immigration Department.

Ensuring you have the right checks in place

Your Australian partner must be eligible to sponsor you and checks will be made on who they have sponsored previously, if they have any record or if they have themselves been sponsored. Verification will be conducted if you are bringing a child from a past relationship – the authorities will need to verify that this is acceptable to the other parent. Don’t forget that medical checks must be finalised and accepted before you can complete your application.

Australian immigration lawyers will help you to co-ordinate all these tasks and have your material application ready for Australia House.

Conditions for sponsoring someone for a visa

You should note that if you seek to obtain an Australian Partner visa, it must be your partner who will sponsor and they will be an Australian citizen, Australian Permanent visa holder or eligible New Zealand citizen. As long as they still have their immigration status, they can sponsor you from outside the country.

Many people find that having Australian Immigration assistance to guide them through the maze of regulations, requirements and documents gives them a piece of mind and time to concentrate on other aspects of relocation.

Taylor Hampton Solicitors’ Emigrate-to-Australia department has many years assisting with this process.  Our Australian Visa and Immigration Lawyers can help you from start to finish in completing your forms, documentation and submission. The team is friendly, professional and efficient. You will be working with responsive experts who will bring their experience to bear in preparing your Australian Partner Visa to a successful conclusion.

To find the best assistance with your Australian Partner application, contact us by email: enquiries@emigrate-to-australia.co.uk or call us on 0207 427 5976. Please note that we are based in London, UK, 5 min walk from the Australian High Commission.