Is there a Partner Visa Employment Requirement?
There are two applications within a Prospective Marriage, Onshore or Offshore Partner Visa application. The non-Australian makes an application for a Partner Visa. The Australian sponsor makes an application to become an approved sponsor. Both applications need to be approved for the Partner Visa to be granted. A common question that we are asked is whether there is an employment or earning requirement for the sponsor application to be approved. This question has become increasingly common in light of the current employment situation.
An Employment Requirement?
Simply, no there is no strict employment or earning requirement. The sponsorship and visa applications will not be refused purely because the sponsor does not have a job. However, there are some things sponsors and applicants should be aware of. First of all, the sponsor will have to fill out their own form. The correct form is the Form 40SP, which has both online and paper versions. The form will ask what the sponsor’s main source of income is. The online form will provide a number of options, namely – employment salary, self-employment, superannuation, annuity or other.
When filling out the form, the sponsor will also have to agree to a number of declarations. These include things like agreeing to help the applicant settle in Australia by providing information and advice. The sponsor must also agree to ensuring the applicant has access to adequate accommodation or providing accommodation. This should not be a problem for most couples, as they generally intend to live together – but this is something to keep in mind.
Relationship Evidence and Adverse Information
While employment is not required, the application will require you to discuss your finances as a couple. Whether you have a job or not, you will be required to disclose how you share finances as a couple and provide evidence. For example, how do you cover accommodation costs? Do you have a shared bank account? How do you cover shared expenses between you both? If both the applicant and the sponsor are unemployed, you many need to think a little differently when providing this evidence.
If the sponsor is currently unemployed in Australia, they may be thinking of obtaining government support payments through Centrelink. If this is the case, the sponsor should declare their relationship in any Government application. They should also provide all relevant information about the visa applicant in any application for government support. This is because information can be shared between Government departments. Keep in mind, when making the application the sponsor must agree to:
- “Authorise Centrelink to give information about the sponsor, relevant to the offer to provide sponsorship, to the Department”.
- “Authorise the department to obtain information relevant to my offer to provide this sponsorship from other government agencies or organisations. The agencies/organisations may include: federal, state or territory government agencies; federal, state or territory law enforcement agencies; state or territory housing authorities (including private landlords); Local government authorities; financial institutions; educational institutions; private business (including telecommunication and internet service providers, insurance companies); and any other relevant business or agencies.”
Conflicting information between different Government and third-party applications can create serious problems. You don’t want to claim to be in a de-facto partnership with the Department of Home Affairs but then claim to be single when applying for Centrelink.
How We Can Help
Our Registered Migration Agent can help you to determine your eligibility for a Partner Type Visa. They can also assist with all aspects of the application from requesting, reviewing and strengthening evidence to responding to queries from your case officer. In particular you may need assistance with:
- Coming up with creative evidence in each of the four aspects of your relationship.
- Responding to a notification of adverse information.
- Strategically presenting your relationship evidence for the greatest effect.
Our Registered Migration Agents can analyse your circumstances, identify any areas of risk and discuss the most appropriate strategy to meet your goals. If you have a question, fill the form below or send an email to firstname.lastname@example.org. You can also book a consultation using the link below.