Step-by-Step Guide to Sponsoring Your Spouse or Partner for Australian Permanent Residency (PR)

Sponsoring your spouse or partner for Australian Permanent Residency (PR) can be a complex process, but with the right preparation and understanding, it can be successfully navigated. This guide will walk you through each step of the process, ensuring you have the information needed to manage the application effectively.

1. Understand the Eligibility Requirements

Before starting the application process, both the sponsor and the applicant must meet certain eligibility criteria.

For the Sponsor:

• Must be an Australian citizen, permanent resident, or eligible New Zealand citizen.
• Should be able to provide evidence of financial ability to support the applicant.
• Must not have a significant criminal record or have been sponsored as a spouse in the past five years.

For the Applicant:

• Must be in a genuine and ongoing relationship with the sponsor.
• Can be either married or in a de facto relationship (usually requiring a minimum of 12 months of living together unless there are exceptional circumstances).
• Must meet health and character requirements set by the Australian government.

2. Choose the Appropriate Visa Category

The visa application depends on the applicant’s current location:

• Partner Visa (Subclass 820/801): For applicants already in Australia. It starts with a temporary visa (Subclass 820) and leads to a permanent visa (Subclass 801).
• Partner Visa (Subclass 309/100): For applicants outside Australia. It starts with a temporary visa (Subclass 309) and progresses to a permanent visa (Subclass 100).

3. Gather Necessary Documents

Both the sponsor and the applicant must provide various documents to support their application. These documents include:

For the Applicant:

• Birth certificate or passport.
• Proof of relationship (marriage certificate, joint bank account statements, lease agreements).
• Health examination results.
• Police clearance certificates from any country where the applicant has lived for more than 12 months.

For the Sponsor:

• Proof of citizenship or permanent residency.
• Evidence of financial stability.
• A statutory declaration confirming the relationship’s authenticity.

4. Lodge the Application

The application for a partner visa can be submitted online through the Department of Home Affairs’ website. Here’s how to proceed:

• Create an ImmiAccount: This account is necessary for online submissions.
• Complete the Application Form: Both the applicant and sponsor need to complete their respective sections.
• Upload Required Documents: Ensure all supporting documents are correctly uploaded.
• Pay the Visa Fee: The visa fee can be substantial, so be prepared for this expense. The fee covers both the temporary and permanent visa applications.

5. Submit the Application

Once the application is complete, submit it through the ImmiAccount portal. After submission, the applicant will receive a confirmation email with a reference number.

6. Undergo Health and Character Checks

Applicants must complete a health examination through an approved panel doctor and provide police clearance certificates. These checks ensure that the applicant meets Australia’s health and character requirements.

7. Wait for Processing

The processing time for partner visas can vary, often taking between 18 to 24 months. During this period:

• The applicant may be granted a bridging visa if they are in Australia, allowing them to stay legally until the decision is made.
• The Department of Home Affairs may request additional information or documents.

8. Temporary Partner Visa Approval

If the application is successful, the applicant will initially receive a temporary partner visa (Subclass 820 or 309), allowing them to:

• Live and work in Australia.
• Access Medicare (Australia’s healthcare system).
• Study in Australia.

9. Apply for the Permanent Partner Visa

Approximately two years after the initial application, the applicant can be considered for a permanent partner visa (Subclass 801 or 100). This stage requires:

• Additional documentation to confirm the ongoing relationship.
• Evidence of joint financial and household responsibilities.

10. Receive Permanent Residency

Once approved, the applicant will be granted permanent residency, allowing them to:

• Stay in Australia indefinitely.
• Access social security payments.
• Apply for Australian citizenship after meeting residency requirements.

11. Addressing Common Issues

If the Relationship Breaks Down: If the relationship ends before the permanent visa is granted, the visa application may be impacted. However, exceptions exist, such as domestic violence or the presence of children from the relationship.

Meeting the Living Together Requirement: If the couple has not lived together for 12 months, they may still be eligible if they can provide evidence of a committed relationship or if there are compassionate circumstances.

Financial Dependency: Sponsors should demonstrate their ability to financially support the applicant, which may involve providing evidence of employment, savings, or assets.

12. Seek Professional Advice

Given the complexity of visa applications, it can be beneficial to consult with a registered migration agent or immigration lawyer. They can provide expert guidance, ensure that all documents are correctly submitted, and help address any issues that arise during the process.

Conclusion

Sponsoring your spouse or partner for Australian PR is a detailed process that requires careful attention to eligibility requirements, documentation, and procedural steps. By understanding each phase of the application, gathering the necessary documents, and ensuring compliance with Australian immigration laws, you can successfully navigate this journey toward permanent residency.

Contact us today to schedule a consultation and take the first step towards your success.

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