Before you apply for a partner visa, it's important to understand how these visas work. If you apply for the wrong type, then your application won't be approved, and you'll have to start over.
Before you start, ask yourself the following questions. The answers will help you work out which visa option you need.
Are You Engaged?
If you and your partner are engaged, then you might qualify for a prospective marriage visa. This class is also known as a fiancé or fiancée visa. You typically apply for this visa if one of you lives in Australia and the other currently lives in another country. The premise here is that the non-local partner wants to come into the country to marry an Australian national.
The fiancé/fiancée visa is valid for a set amount of time. You have a deadline in which you have to get married. If you fail to get married, then the non-local partner won't have a visa and will have to leave the country unless they find another way to stay. If you do get married in this time, then the non-resident partner usually gets a regular partner visa.
Where Do You Live?
To get a partner visa, at least one of you must legally reside in Australia. If both of you currently reside in the country, then you will usually apply for an onshore partner visa.
Here, the person who needs this visa will usually have a different type of temporary visa at the moment. For example, they might have a short-term tourist or visitor visa.
Typically, the visa applicant starts their pathway to partner status by applying for a partner visa while their current visa is still valid. If their current visa will expire before their partner application is assessed, then they usually get a bridging extension.
A standard onshore partner visa works on a temporary basis. At the end of the temporary period, you should then qualify for a permanent onshore partner visa.
If one of you lives in another country, then they will have to apply for an offshore partner visa. You can't live in Australia during the application and assessment process; however, you might qualify for a visitor visa so you can make short visits during this period.
Once an offshore application goes through, you can move to the country and live there. Again, this visa initially works on a temporary basis before it gives permanent status.
Partner visa laws and processes are hard to understand if you don't have a legal background or previous visa application experience. To get expert advice on the type of partner visa you need, then contact immigration lawyers. For more information on partner visas, contact a professional near you.
