These visas are for persons in a relationship with an
Australian citizen, a permanent Australian resident or a eligible New Zeland citizen. In all cases your partner must sponsor your application and you must clearly prove that you are a genuine and committed couple and the relationship is not merely one of convenience.
This is where we can help, as experts we fully understand the standard of proof required in these cases and will work closely with you to present your circumstances in the best possible way. This is particularly important as processing times can vary considerably depending on how clearly you manage to show that you are a genuine and committed couple. If you do not clearly demonstrate to the department's satisfaction that this is the case, then they may do further checks or ask you both to come in for interviews. Either way it will slow the progress of your application or (worst case) your application could be refused!
The application is either for the
Prospective Marriage Visa (getting married in Australia) or the
Spouse Visa (married or de-facto relationship). If you are applying on the grounds of a de-facto relationship then you must also show at least 1 year's cohabitation. In all cases you will be asked to take a medical check and provide police clearance certificates. For more information on de-facto relationships see De-facto Applicant Eligibility. These visas also allow you to include dependants on your application see Including Family Members in your Application.
Prospective Marriage Visa (subclass 300)
This visa is for people who are about to marry in Australia. You make the application on the basis of your partner's sponsorship, that you have already made arrangements for the marriage to take place and that the relationship is genuine and not one of convenience. The visa is granted for 9 months and a date will be printed on the visa by which you must make your first entry. In addition you will be expected to marry your partner within that 9 month period (in certain limited circumstances you may apply for a 3 month extension).
Finally when you are married, and before your current visa expires you should apply for the temporary spouse visa (onshore,
subclass 820 and
801), however this time round the process will be much easier as you will have already established the genuineness of your relationship and met the conditions of your existing visa.
Spouse visa (offshore) (subclasses 309 - temporary and 100 - permanent)
Although there are 2 visas in this category only 1 application is made. In most cases you will start this process by applying for the temporary visa which will lead to the permanent visa after 2 years (if you still meet the requirements at that time). If you want to see the exceptions to this rule then see how-the-visa-works
You apply for this visa on the basis of your partners sponsorship and that you are married or in a de-facto relationship. Again you must prove that the relationship is genuine and not merely one of convenience. As with all these visas processing times can vary depending on how well you demonstrate the genuineness of your relationship, so it is important that you are able to prove this point to their satisfaction.
Same sex relationships
For same sex couples the partner visa is also available. Same sex relationships qualify for the
partner visa on the basis of a
de facto relationship and the criteria remains the same.
London Family Migration Processing Timeframes
processing times for
Family Migration applications lodged in London are as follows:
Partner visa applications (including
100): 8-9 months from date of lodgement
Child visa applications: (including
subclasses 101, 445, 117 and 102): 6-7 months from date of lodgement
- Other Family (including
116): 9-12 months from date of lodgement
Thames Migration would like to assure you that there is no limit on the number of visas which will ultimately be approved and your eligibility for the visa will not be affected by the management of the program. All applicants who meet the criteria for a visa may be granted a visa.
Processing times are intended to be a guideline and, as far as possible, the Australian High Commission aim to process and finalise applications within that timeframe.
These timeframes are, however, subject to change as a result to changes in circumstances. The Australian High Commission (AHC) attempt to advise clients of any change to the processing times as soon as is reasonably possible, however, the AHC are never in a position to guarantee a definite finalisation date.
If you would like to know more about partner visa options please contact us on 0208 996 0120 or by email.