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   Frequently Asked Questions - Partner Migration

Detailed information about all aspects of the Partner Migration (subclass 309/100) and Prospective Marriage visa categories is available.
See: Booklet 1 - Partner Migration

Please find below topics and answers to frequently asked questions: 

  Certified copies
  Translations
  Evidence of sponsor’s Australian citizenship/permanent residence 
  My children are Australian citizens - do I need to include them in my migration
    application? 
  Can I submit an extract of the population register if I cannot obtain a birth 
    certificate? 
  Relationship evidence 
  We have not lived together for 12 months, but would like to apply for a de
    facto partner visa - is that okay? 
  I want to apply for de facto partner visa, but I’m still married to someone else. 
    Is that a problem?
  What if my sponsor has sponsored someone to Australia before?
  When should I do the required medical examinations? 
  Sponsorship undertaking / Assurance of Support 
  How long is a Prospective Marriage, subclass 300, visa valid for?
  How soon will I have to go to Australia after the visa has been granted? 
  Can I travel to Australia while my Partner visa application is being processed? 
  Can I lodge my partner visa application in Australia?
  What is second stage Partner processing? 
  Is it possible to be granted a permanent visa at the first lodgement of an
   application? 
  Do I have to use a migration agent to lodge a Partner Migration application? 

 
 Certified copies
Some of the documents you need to submit for your partner migration visa application have to be submitted as certified copies. 'Certified copies' are copies authorised, or stamped as being true copies of originals, by a person or agency recognised by the law of the country in which you currently reside. The appropriate certifying authorities vary from country to country. Some country specific information is available.
See: Certified Copies


 Translations

Original documents in languages other than English must be accompanied by an English translation. The English translations must be appropriately endorsed translations. In Australia, translators must be accredited by the National Accreditation Authority for Translators and Interpreters. Their accreditation details must be recorded on the translation. Translations provided by non-accredited translators outside Australia should be endorsed by the translator with their full name, address, telephone number, and details of their qualifications and experience in the language being translated.

 Evidence of sponsor’s Australian citizenship/permanent residence
As evidence of your sponsor’s Australian citizenship you may submit a certified copy of his/her passport, Australian citizenship certificate or Australian birth certificate. If your sponsor is a permanent resident of Australia, please submit a certified copy of his or her visa label and the personal details page of the passport.


 My children are Australian citizens - do I need to include them in my migration application?
If your children are Australian citizens, we do not consider them as migrating, even though they may be travelling with you. Please declare all dependents in the application form 47SP, including your children holding Australian citizenship.


 Can I submit an extract of the population register if I cannot obtain a birth certificate? Yes, this is acceptable. However please submit a version which includes your parents' details.


 Relationship evidence
Every relationship is different and we may need different kinds of documents to make an assessment of your application. Your case officer will contact you once he/she has made an assessment of the submitted documents and if further documentation is necessary. For further information on the kind of documents you should normally include in your application, please use the step-by-step guide on our webpage. 
See: Migrating as a Partner


 We have not lived together for 12 months, but would like to apply for a de facto partner visa - is that okay?
If you and your partner intend to apply for a partner visa on the grounds of a de facto relationship and you have not continuously lived together and set up a household separately from other people during the entire 12 months prior to your application, please read Fact Sheet 35 "One-Year Relationship Requirement" before you lodge your application. This will help you to determine whether this is the correct visa category for you.
See: Fact Sheet 35 - One-Year Relationship Requirement


 I want to apply for a de facto partner visa, but I’m still married to someone else. Is that a problem?
To apply for a Partner visa as a de facto partner (opposite-sex or same-sex), you and your partner must show that you have been in a de facto partner relationship for the entire 12 months immediately prior to lodging your application and that this relationship was to the exclusion of all others. If either you or your sponsor are still married to another person at the time of lodgement of a de facto partner visa, you will need to provide evidence that your previous relationship is no longer ongoing.


 

 What if the sponsor has sponsored someone to Australia before?
Sponsorship limitations: You may not be able to sponsor your partner if you have previously sponsored 2 other partners for migration to Australia; 
 have sponsored another partner within the last 5 years or were sponsored as 
a partner yourself within the last 5 years; 
 or are the holder of a Woman at Risk visa (subclass 204). 
You may still be permitted to sponsor your partner in compelling circumstances, such as: 
 If your previous partner has died or abandoned the relationship leaving 
young children; 
 if your relationship with your current partner is long standing; 
 or if you and your partner have children of your relationship.

 When should I do the required medical examinations?
Medical examination(s) with one of our panel doctors will be requested as the assessment of your application progresses.

 Sponsorship undertaking

When we assess the sponsor's ability to meet his/her sponsorship obligations we take various elements into account (the sponsor's current/past/future employment and housing situation, family support in Australia, savings the sponsor and applicant may have, the applicant's English language skills, the applicant's employment prospects in Australia). A statement written by the sponsor including supporting documents will help your case officer to make an assessment. 
 

 How long is a Prospective Marriage, subclass 300, visa valid for?
A subclass 300 Prospective Marriage visa is valid for 9 months from date of grant. You must enter into marriage with the sponsor within the validity of the visa.

 How soon will I have to go to Australia after the visa has been granted?
If you apply for a Partner or Prospective Marriage visa and the visa application is approved, there will be a condition attached to the visa that you must make an entry to Australia by a specific date. If you do not enter Australia by that date the visa will become subject to cancellation. The date of entry is usually 12 months from the date that you complete the medical examination and police checks (whichever expires first). As long as you make the entry to Australia by the date specified on the visa, you will be free to travel back and forth to Australia as you please within the validity period of the visa.


 Can I travel to Australia while my Partner visa application is being processed?
If you wish to visit Australia for a short period while your application is processed, you will need to arrange a separate visa (e.g. a visitor visa). Please ensure that you inform your case officer about any travel you undertake so that we know how to contact you if necessary.

Please be aware that if you enter Australia on a one way ticket you may be asked by Australian immigration authorities, on arrival at the airport, about your plans for departing Australia. If entering Australia on an ETA or Tourist visa the immigration officer will need to be satisfied that you are a genuine visitor. You would need to explain your intentions to the officer so that the officer is satisfied that you do not intend to stay beyond the period which your visa allows. This also applies if you have an ongoing application for a partner visa.


 Can I lodge my partner visa application in Australia? 

You should enter Australia on an appropriate visa for your intended purpose and length of stay. If you are intending to move to Australia and live there permanently, you should obtain an appropriate migration visa overseas before you go.

Please note: If you have a "no further stay" condition on your temporary visa, it may not be possible to apply for a Partner visa from within Australia.


 What is second stage Partner processing?
Applying for a Partner visa is a 2-stage process. You apply for a temporary and permanent visa at the same time on one application form, form 47SP. If you meet all the initial criteria, you are granted a temporary Partner visa. This visa remains valid until a decision is made on your permanent visa application, which is generally 2 years after you initially applied for your Partner visa. If you continue to meet all legal requirements, you will be granted a permanent Partner visa.


 Can I get a permanent Partner visa without waiting the 2 years? 
In most cases, permanent residence cannot be granted less than 2 years from when you lodge your application. You may, however, be granted a permanent visa without having to fulfil the usual two-year waiting period if: 
 

 at the time you apply, you have been in a spouse relationship with your
partner for 3 years or more, or 2 years or more where there are dependent
children from your relationship; or
 your spouse was granted a Protection visa or a permanent visa under the
humanitarian program and you were in the relationship before the visa was
granted and this had been declared to the department at the time.

Whether or not you qualify for permanent residence status straight away can only be determined by the case officer processing your application once they have assessed all the evidence and documentation provided with the application. If your visa application is successful but you do not qualify for permanent residence straight away, you will be granted temporary residence and after two years will be contacted by a case officer with regards to changing your status to permanent residence if the relationship is ongoing.


 Do I have to use a migration agent to lodge a Partner Migration application?
You are not required to use a Migration Agent. If you want to use a Migration Agent please read the information for clients using a Migration Agent.
See: Using a Migration Agent

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