Do I Need An Agent For My Partner Visa?
People looking to apply for partner type visas often ask whether they need a Registered Migration Agent. These applicants often feel like their relationship is genuine and therefore the visa should be granted. There are always lucky cases where the application may be straight forward. However, there are many situations where using a Registered Migration Agent can be the difference between a refusal or a visa grant. This article discusses several common situations where using a Registered Migration Agent can save your application.
You Are Applying As A De Facto Couple
If you are not married and you have not registered your relationship, you will be applying for a Partner Visa as a de facto couple. In this situation, you are required to provide 12 month’s worth of de facto relationship evidence at the time you are making the application. We have written another article explaining this requirement and how it differs from requiring 12 month’s evidence of living together. In these circumstances, one of our Registered Migration Agents will be able to assess your evidence and let you know if you will meet this 12 month requirement. This can save you a lot of money and stress. Our Registered Migration Agents will also let you know if there are other alternatives, such as whether you can register your relationship under the laws of your State or Territory.
Your Australian Sponsor is A Permanent Resident
If your Australian sponsor is a Permanent Resident rather than a Citizen they will have to meet different sponsorship requirements. The sponsor will have to prove that they are “usually resident” in Australia. The Full Federal Court of Australia has provided guidance on this requirement. The Court has stated two elements should be considered: 1) the sponsor’s physical presence in a specific place; and 2) an intention to treat that place as a home, at least for the time being. Our Registered Migration Agents can assess whether your Australian Sponsor can provide sufficient evidence to meet this requirement.
Your Sponsor Has Previously Sponsored Other People
The general rule is that Sponsors can only have one approved sponsorship in a lifetime. Furthermore, even if your sponsor has only had one approved sponsorship, they must wait at least five years before they can sponsor again. These requirements can be waived in certain circumstances. Notably, these circumstances must be “compelling circumstances affecting the interests of the sponsor”. Our Registered Migration Agents can determine if your sponsor is barred from further sponsor approvals. If your sponsor is affected by a sponsor limitation, we can also discuss whether a waiver would be appropriate in your circumstances.
You Are Not Sure Which Partner Visa To Choose
Prospective Marriage Visa (Subclass 300)? Temporary Partner Visa (Subclass 820)? Provisional Partner Visa (Subclass 309)? There are several different Partner Visas, each with different requirements and different purposes. For example, the Prospective Marriage Visa is suited to applicants that need to obtain more evidence before lodging an Onshore Partner Visa. However it will add $1,500 to the overall visa application charges on the way to Permanent Residency and can take a long time to process. Our Registered Migration Agents can discuss which pathway is best for your circumstances and talk you though the positives and negatives of each approach.
Your Australian Sponsor Has A Criminal History
Both you and your sponsor will need to provide police clearances when you make your application. Therefore, if your sponsor has a criminal history this must be declared and dealt with. If your sponsor has been convicted of specific offences and has a significant criminal record, this can have serious ramifications for the application. In these circumstances, the application can only be approved if they are convinced it is “reasonable to do so”. This will usually be addressed in a detailed submission to the case officer. The submission will need to make compelling arguments on specific points, such as the length of time since the sponsor completed any sentence for a relevant offence. Our Registered Migration Agents can assess whether your sponsor will need to address any criminal history and help you draft the required submissions.
You Want Help With The Process And Peace Of Mind
Partner Visa applications are very expensive. They cost at least $7,715 in visa application charges. This cost increases if a Prospective Marriage Visa is involved and when health and police checks are factored in. Our Registered Migration Agents have dealt with the process many times and can take the stress out of the application. They can ensure your eligibility and that there are no unexpected issues, provide checklists and examples, review evidence and suggest improvements, ensure all forms are lodged correctly and help you answer any questions for the Department of Home Affairs.
How We Can Help
These are just a few of the issues that our Registered Migration Agents can assist with. There may be other issues such as:
- Concerns about having sufficient evidence to address all “four pillars” of the relationship (financial, household, social and commitment).
- Knowledge about what forms to use and when to submit them.
- How to combine several visas to meet your needs. For example, which Visitor Visas to use to enter Australia and lodge an Onshore Partner Visa.
- Assistance with getting travel permission while you wait for the Onshore Partner Visa to process.
- Concerns about health issues and how to make submissions arguing for a health waiver.
Our Registered Migration Agents can analyse your circumstances, identify any areas of risk and discuss the most appropriate strategy to meet your goals. They can also assist you in many different ways. For example – full service from preparation of evidence to visa decision, a consultation on a specific point of concern or a review before lodgement for peace of mind.