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Migration Consultant
Trevor
Ph: (07) 3367 0731
MARA #9683596
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Join GLITF Qld!
Download the form here!
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Rules for Applying
Criteria to be met before applying for Partner Migration.
1. The sponsor must be an Australian citizen or a Australian permanent resident (being usually a resident) or an
eligible New Zealand citizen. If your partner has previously
sponsored an overseas partner or themselves were sponsored, 5 years must have passed from the date of application. However, the Minister may approve a shorter
period if there are compelling circumstances.
2. Both parties must be over 18 years old.
3. You must prove that you have lived together and not separately and apart for a 12 month period immediately prior to lodging the application.
4. You can prove you have a mutually committed relationship.
5. Your relationship is genuine and ongoing.
6. You can be proved to be of good character. (Police clearance) More information.
National Police Check .... Application Form
7. You pass the government health check. More information.
Read the Australian Immigration Law, Regulation 1.09a .... here!
Making Your Application
You can obtain the necessary forms from any Department of Immigration and Multicultural Affairs (DIMA) office or Australian Overseas Mission near you. You may also
download most of the forms from DIMA's web site.
NOTE: Get the Partner Migration Visa application forms and NOT the De FACTO VISA application forms!
After Lodging Your Application
If you applied within Australia you will automatically be issued with a Bridging Visa class 'A' when the application was accepted. This Visa is not evidenced in your
passport, and you will not receive notification of it being issued.
If you have lodged your application while you still hold a valid substantive visa, (e.g. Student, Tourist, Working Holiday etc.) this visa will remain in force with all
conditions intact until it's expiry date. Only after it has expired will the Bridging Visa become active. It is therefore essential you are aware if you need to leave Australia
for a short period of time YOU MUST apply for a bridging Visa class 'B'. If you have not got a Bridging Visa class 'B' you will not be able to re-enter Australia.
If you have lodged your application while you still hold a valid substantive visa your Bridging Visa class 'A' will carry the same conditions as your substantive visa.
If you did not have a valid substantive visa at lodgment time the Bridging Visa class 'A' will disallow any work. If you can prove financial hardship you may apply on
Form 1005 to be allowed to work.
While waiting for your application to be decided you MUST NOT allow your passport to expire.
What If? Answers to commonly asked questions.
What If we are just short of the 12 months cohabitation requirement?
The Immigration Law is not open to interpretation on this point, it unambiguously states:
Regulation 1.09a Para 2(d): subject to subregulation (2A), where either of them is an applicant for an Extended Eligibility (Temporary) (Class TK), General (Residence)
(Class AS), Interdependency (Migrant) (Class BI) or Interdependency (Provisional) (Class UG) visa – the Minister is satisfied that, for the period of 12 months
immediately preceding the date of applicationof the party relying on the existence of the relationship. So, for example, if you have 11 months, 2 weeks of cohabitation
prior to lodging your application, it would be unlikely your application would be accepted as the regulation clearly states, 'for the period of 12 months immediately
preceding the date of application'.
For more information please contact GIITF, you can also read Regulation 1.09a.
What If my partner and I have lived together overseas for some years?
Whether you apply offshore or onshore, a new regulation allows for couples who have been together for more than 5 years to be granted Permanent Residence without
waiting the 2 years, post application period. BUT:- you must have been living together immediately prior to submitting your application.
Couples who have been living together for several years, then have a gap of many months, will need to live together for 12 months before they can submit an application.
Anytime you have had together previously is all good supporting evidence and proof of your commitment. It must be 12 months – 11 months and 2 weeks cannot be
accepted.
What If I have sponsored someone before?
The regulations changed in November 1996 and from that time there has been a 'Limitation on approval of sponsorships'. This is set out in Reg. 1.20J. Simply, it states
that a person may only sponsor 2 people in their lifetime and that the second sponsorship must be at least 5 years from the time of application of the first sponsorship.
There are very few exceptions to this. One is for spouse class visas and says if the relationship has been in existence for at least 2 years and there is a dependent child
involved. However it is unlikely that a waiver would be made under normal circumstances.
Generally, if in doubt come and see GLITF or e-mail us.
What If I want to travel after lodging the application?
You are permitted to leave Australia, however you must apply for a Bridging Visa class 'B' before you depart. You would generally show that you have good reason for
leaving such as, illness in the family, visiting immediate family members etc.
What If I want to work?
After your application has been accepted for lodgment you will be issued with a Bridging class 'A' which will carry the same conditions as you previous substantive visa.
So if your previous visa disallowed work then that condition will carry on to your Bridging Visa when it becomes active.
However you may apply to have the conditions for work changed if you can prove financial hardship. You may apply on
form 1005 to be allowed to work. There is a fee
involved for this application.
It is important that you do not conduct yourself contrary to the conditions of your visa.
What If I become ill while waiting for the application to be finalised?
In most cases you will be entitled to MediCare (Government Health benefits), once the EETV takes over. To obtain a Medicare card, apply at the Medicare office for
enrollments in your State; take along the following documents:
• letter or visa from DIMA that says you have been granted a visa with permission to work or the evidence of it in your passport.
• DIMA receipt of your application.
• a completed Medicare enrollment form.
• your passport.
What If I am HIV +?
Australia has very strict Health Requirement checks, keeping this point in mind it would be very unlikely that an applicant testing HIV+ will be granted a visa to remain
in Australia. Currently all applications lodged from overseas, by persons HIV+ are being denied with little delay. Applications lodged within Australia are also being
denied, but the process takes some time before a decision is made.
If you are HIV+ and elect to lodge an application it is advised you submit a Health Waiver with your application. The Australian Federation of AIDS Organisations (AFAO)
can assist you with this. Additionally it is recommended you seek the assistance of a lawyer qualified in this field. GLITF has contact with such persons.
What If the Immigration Law changes after I lodge the application?
The Regulations and Law which affect your application will be the Law applying at the time you made the application. Any changes usually only affect applications
made after the date of the changes.
What If I am here on a 3 month Tourist Visa and it is about to expire?
The current policy is that a person may remain here as a visitor for up to 12 months provided they are genuine visitors and have a return ticket and enough funds to
keep themselves. Visitor visas are not intended to help you to meet the 12 months relationship criteria.
However, if you want to stay past the 3 months allowed on most visitor visas you can apply here in Australia for a further visitor visa. This will override the multiple entry
visa you arrived on and will have a fixed expiry date. You will not be able to leave to gain further time on this new visa. The visitor visas granted onshore are usually for 6
months and it will usually be possible to apply for a further 3 months once the 6 month visa has expired.
For more information please contact GIITF or a registered Migration Agent.
What If I am here as a visitor and I have seen advertisments for work visas?
There are a number of agents who offer to get work permits for visitors. In fact they make an application for a Protection visa which is asking for refugee status. There
are very few genuine refugees and almost all applications for Protection visas are rejected within 28 days. Then the Agent applies to the Refugee Tribunal and it may
take 6 to 9 months for a hearing. You will be rejected and have to pay an application fee of A$1,400. You will also find it very difficult to get a temporary visa, that is
another visitor, a student or temporary business visa, to come back to Australia during the next 5 years.
What If my application is denied?
You may appeal by making an application for review to the Migration Review Tribunal (MRT) on form,
MRT01 and lodging it with the application fee $1,400 within the relevant time limit. There are very strict time limits and there is no discretion to accept an application
outside the time limit. The fee will only be refunded if your appeal is successful.
In all cases for review it is strongly recommended that you contact a GLITF office or a registered Migration Agent before lodging your Application for Review.
You may contact the Migration Review Tribunal at:
New South Wales
Ph (02) 9290 7222 Fax (02) 9262 5660
Victoria
Ph (03) 9672 1800 Fax (03) 9672 1801
Australian Capital Territory
Ph (02) 6245 9999 Fax (02) 6245 9988.
Sub registries are proposed for Adelaide, Perth & Brisbane.
You may visit the MRT site - here
Unlawful Non-Citizens (Updated 22 December 1996)
People who are in Australia without a valid visa are said to be Unlawful Non-Citizens. If you are caught you will be arrested and removed from Australia. A ban period of
1 year will then apply before you can make an application to migrate. If you leave voluntarily, there is now no ban period.
If you are caught breaking the conditions of your temporary visa, such as working whilst holding a visitor's visa or not changing employers every three months whilst on
a working holiday visa, you will be subject to a 3 year ban before being able to apply to return to Australia.
However, if your visa has expired for less than 28 days, you may still apply to remain in Australia because of your interdependent relationship, providing you can meet
certain criteria.
If your visa has expired you should never just appear at the airport as you could be arrested and held at a detention centre. Before you leave, go to the nearest DIMA
office and apply on form 1008 for a bridging visa 'E'. If this is granted you will be allowed to remain until your flight leaves, thus enabling you to make a voluntary departure.
Don't be afraid of the Compliance Section, the section of the DIMA responsible for unlawful non citizens. If you apply to leave voluntarily they are usually very helpful and
supportive.
More Information from DIMA
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