Partner Visa (married) Offshore

Posted on Sep 28, 2011
jortiz

Visas


Partner visa (married) offshore:



The partner visa is for married couples in a genuine, continuing and exclusive relationship. For information regarding de facto partner visa applications outside Australia please see De facto partner visa offshore. Subclasses 309 and 100 are two visas which allow an Australian citizen, permanent resident and some eligible New Zealand citizens to sponsor their husband or wife. Subclass 309 is a two year temporary visa. At the end of the two years, to get the permanent resident visa (subclass 100), the couple will need to show the Department of Immigration that they are still in a genuine relationship. If you have been in a relationship for 3 years or for 2 years if you have a child(ren) with your partner you may be eligible for permanent residence immediately.

If your sponsor has previously sponsored/nominated a partner or was sponsored/nominated themselves as a partner there may be limitations on this visa application. In addition there may be limitations on your sponsor if they hold a Subclass 204 Woman at Risk visa or a Subclass 143 Contributory Parent visa or a Subclass 864 Contributory Aged Parent visa. If this applies to you, please talk to a registered migration agent about this.

Temporary partner visa holders may also be eligible for a permanent visa if the relationship has ended and there has been domestic violence, or there is a child in relation to whom the sponsor and the visa holder have rights / obligations, or the sponsor has died.

Making an application
  • Form 47SP – the application form to be completed by the applicant.
  • Form 40SP – the sponsorship form to be completed by the Australian partner.
  • Form 888 Statutory Declaration forms (you will need at least two).
  • Form 80 – character check
  • Police clearance from any country where the applicant has lived for more than 12 months in the past 10 years – see the form Character requirements penal clearance certificates (formerly form 47P)
  • 4 passport sized photographs of all applicants with the name of each person written on the back of the photograph
  • Visa application charge of $1,995.
Evidence

You should provide evidence that you are married and that your relationship is “genuine and continuing”. The evidence should be detailed and go into the past as far as possible.

Evidence of a genuine relationship and cohabitation includes:

  • At least 2 statutory declarations from friends and relatives explaining how they know the applicant and their partner, what they know about the relationship and why they believe it is genuine and continuing.
  • A statutory declaration from the applicant stating:

    • - when / where / how they met their partner;
    - where and for how long they have lived together;
    - how they share their domestic arrangements (for example who does the cooking, cleaning, shopping, child care);
    - how they share their finances and bills (for example do they have a joint bank account, are gas / water / electricity accounts in both names, do they jointly own a house, car or other major asset?);
    - whether they go out / socialise / entertain people as a couple;
    - what their plans are for the future such as where they plan to work, where they plan to live, whether they are planning to have children; and whether they give each other emotional support and companionship.

  • A statutory declaration from the sponsoring partner covering the same things, but in his / her own words.
  • Copies of joint bills or bills in separate names but at the same address, copies of joint bank account statements, leases, wills, powers of attorney, correspondence sent to you jointly or in separate names but showing the same address (the envelopes are particularly useful), joint membership of clubs and societies.
  • Evidence of ongoing contact during times spent apart such as letters (with envelopes) written to each other, copies of telephone bills showing the itemised calls to each other, evidence of any money sent to each other.
  • Certified copies of the applicant’s passport and birth certificate and the birth certificates of any children.
  • A certified copy of the partner’s Australian passport, birth certificate, Australian citizenship certificate or permanent residence visa.
  • Certified copy of the marriage certificate.
Visa application process
  • Step 1

    Applicant should complete form 47SP.

  • Step 2

    The sponsor should fill out and sign form 40SP. This should be sent to the applicant to lodge with the application form 47SP.

  • Step 3

    Attach the evidence mentioned above.

  • Step 4

    Attach a cover letter to the application form with:
    - your name;
    - current address;
    - reasons for applications; and
    - list of documents attached to application. If you are waiting for any information to be included with the application note that it will be provided to the Department as soon as it is received.

    Also offer to provide any further information required by the Department of Immigration.

  • Step 5

    Photocopy all the documents to be submitted to the Department of Immigration.

  • Step 6

    Lodge these forms with the application fee at the appropriate overseas post of the Department of Immigration. These are usually in an Australian Embassy or Consulate. A complete list of overseas posts and the countries or regions they service can be found on the Department of Immigration’s website (www.immi.gov.au)

  • Step 7

    Complete a form 80 and attach it to the application.

  • Step 8

    When you are asked to have a medical examination contact the doctor identified by the Embassy and have your medical examination and X-Ray taken. The appropriate forms will be completed by the doctor. They will then be sent directly to the Embassy to be included in your application. If the forms are handed back to you, they should be sealed. DO NOT OPEN THE ENVELOPE. Send it directly to the Embassy.

  • Step 9

    If the visa is approved you will be granted the 309 visa which will allow you to travel to Australia. Your relationship will be assessed again by the Department of Immigration before you are granted the permanent visa, subclass 100.

    • Remember to tell the Department of any change in your circumstances, for example if the relationship ends or you change your address.

    This blog contains general information and is not a substitute for legal advice. (Reflects law as at 1 July 2011)