Decision Ready Spouse or De-facto Partner Visa Application

 

The process of reviewing your application and preparing it for lodgement is important. Taking some extra time to properly complete this step can really benefit your application in the following ways:

  1. Presenting an organised and concise application can really make life easier for your case officer when he or she assesses your application. And considering that your case officer will need to use his or her own judgement and discretion in deciding whether some of the eligibility requirements are met, you really want to make the their task of assessing your application as easy as possible
  2. Lodging a complete a decision-ready application means that DIAC will process your application as soon as possible

In this post, I’ll cover how I go about preparing a partner or spouse visa application for lodgement, including using DIAC’s decision-ready checklist (“DRC”) if your application is complete and decision-ready.

Use the decision-ready checklist

If the application is complete and decision-ready, then you should follow DIAC’s checklist as closely as possible when it comes to putting the various forms and documents of your application into order for lodgement. You should go through each of the items on the DRC and tick off on the boxes that correspond with the forms and supporting documents that are relevant to your application. Of course, you need to also ensure that you’ve included all these relevant forms and supporting documents in your application.

You’ll probably find that not all of the forms and items listed on the DRC are relevant. I just tick the relevant boxes and mark all the irrelevant boxes with ‘n/a’.

Since you’re ordering your documents in accordance with the DRC, there is generally no need to include an index or contents page.

Don’t over (or under) organise your application

You don’t want your application to look a university thesis (i.e. too much unnecessary evidence, statutory declarations that are long because they contain unnecessary information and of course, too many photos). At the same time, you don’t want your application to under organised such that it resembles a year 6 science report.

You want to provide your case officer with a well organised and concise application that contains the information and documents that your case officer needs to make a decision.

Organising your application

Applicants often over organise their application by dividing everything up into sections by using staples, paper clips, plastic folders and dividers etc. You don’t need all this because someone from DIAC will remove all these staples and dividers from your application anyway.

Submit your partner/spouse visa application as just one bundle of forms and documents. No clips, no staples, no plastic.

If you want to divide your application up into various sections, then I’d just insert a plain document that has the title of the section in large font at the beginning of the section (e.g. ‘Forms’, ‘Evidence of de-facto relationship’). This page can also double as a contents or index page for that particular group of documents. This is not absolutely necessary but these separating pages help your case officer immediately identify what documents that they are looking at.

The right type and amount of evidence

I have previously discussed the relevant strength and importance of different types of evidence. Generally speaking, what you should be providing is various forms of evidence that cover the entire duration of your relationship. Documents that demonstrate the sharing of various aspects of your lives are particularly important (e.g. joint bank accounts, joint liabilities, joint ownership or purchase of major assets etc.).

It is hard know exactly what types of evidence you need to submit or how much evidence you need in your application, particularly since the end decision is at the discretion of your case officer. The particular circumstances of your relationship can also have a significant bearing on the evidence that you’ll need to provide.

For my applicants, I’m generally ask them to provide the following (this is a very general guide so don’t read this and feel that you must provide evidence in accordance with my suggestions):

  1. Evidence of at least 12 months of co-habitation
  2. Around 6 or so ‘strong forms’ of evidence
  3. Around 6 or so ‘good forms’ of evidence
  4. Around 10-12 photos. You can provide a brief comment which indicates when and where the photo was taken. There is no need to provide a photo album with hundreds of photos

If you are not sure about whether your evidence is sufficient, then it’s better to provide a bit too much evidence rather than too little.

Make sure that you have provided the below documents

  • Certified copies of supporting documents – Don’t provide plain copies, and don’t provide originals. Provide DIAC with certified copies. If you’re not sure about how copies are certified and who can assist you with this, have a read of this.
  • Provide ORIGINAL health and character documents – You need to provide original police clearances and your sealed health examination result. If you’re in Australia and you attended Medibank Health Solutions for your health examinations, then they should provide you with your examination result in a sealed envelope. This envelope will have ‘do not open’ stamps all over it, so I suggest that you follow this advice. Unless your case officer makes a specific request, these are the only original documents that you should be providing to DIAC.
  • Provide English translations (if applicable) – If you’re providing documents that aren’t in English, then you need to provide English translations of these documents. Your case officer will ask for this if you don’t provide translations. This will delay the processing of your application because your case officer will need to write up this request, and you’ll then need to respond to it.

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454 thoughts on “Decision Ready Spouse or De-facto Partner Visa Application

  1. Alex

    Hi there, I just have a question. My partner and I have been living together in Australia for over 9 months now (although we have been in a relationship for almost 3 years), but we have registered our relationship at the Births, Deaths and Marriages office in Brisbane. Given that all our other evidence is fairly strong, can our application still be considered decision-ready?

    Cheers,
    Alex

    Reply
    1. Peng Cheng Post author

      I can’t confirm this without looking at your application – my guess is yes but can’t confirm this.

      Reply
      1. Preet

        Hi peng

        I have got my PR (857)rsms visa last month, but now my employer is going to sell his business and another company is ready to buy our business. So what is my options now?
        1) if new employer employs me with the same position and same package, will I have to lodge my nominations and RCB again?
        2) If new employer will not employ me then what have I do?
        3) if new employer will get his own ABN number, will it affect my visa?
        Your reply will be appreciated.
        Thanks in advance.

        Reply
  2. Bridget

    Hi,

    I am applying for a Partner Visa (subclass 309) on the basis of marriage, and I have included a ton of documents supporting that we have a genuine relationship (including evidence of joint bank accounts, marriage license, friends’ testimonies of our relationship, evidence of joint property ownership, etc). I have read conflicting things on whether or not to include personal pictures of each other, emails traded, and copies of birthday cards and Valentine’s cards. What would you suggest? Would it be better for my application not to include these things, or should I?

    Also, can I mark my application as decision ready if I have not had a penal check and health check? I am applying outside of Australia, and I want to mark my application as decision-ready, but am not sure if I can if I do not have those two things. I called where I will be sending my application, and they said that they would ask for those two things after my application has been lodged. I know the processing time for applications marked decision ready is quicker. Would you please advise me on this?

    Thanks,
    Bridget

    Reply
    1. Peng Cheng Post author

      Include some photos, cards, evidence of correspondence – just don’t go overboard.
      No – its not decision ready. But different overseas offices have different processes. If that office considers your application to be decision-ready, then you can probably mark it as such.

      Reply
  3. Laura

    I just wanted to thank you for such a helpful article. It’s really helped me get my partner visa application into the right order, and now I’m confident that we’ve met and/or exceeded all the requirements. You made this process so much easier!

    Reply
  4. Laura

    Apologies, I have one more question. On the decision-ready checklist it asks to provide evidence of the last two years of my partner/sponsor’s employment history (in the form of an employer letter, payslips, etc). However, the newly updated Form 40SP (as of Nov. 2012) no longer asks for any employment information from my partner. I know that the previous version of Form 40SP did ask for my partner’s employment info. Should I still include this evidence?

    Reply
  5. Sara

    Hi there,
    Valuable info in your article, thanks so much. I am about to apply for an onshore de facto 820, my partner is Australian, I am Italian but both lived in China for 10 years and we met over there. Now my partner has been repatriated for work and I am following him. Most of our evidence comes from China and I am getting some documents translated here by NAATI accredited translators. Some documents though are already in Chinese and English. For example my Uni degree at BLCU is in Chinese with English translation…Should i get that translated locally by NAATI to confirm the translation?
    same goes for the Notary Certificate of No Criminal Convictions, this document is in Chinese with English translation issued by the notary office of the Beijing PSB…Do I need to translate this in Australia?
    Thanks so much for any suggestion.
    Cheers.

    Reply
  6. Vallen

    Dear Peng,

    Such a helpful site! It gave me a lot of insight into applying Spouse Visa offshore, visa subsclass 309. I just want to say thank you so much for this website! It has been the most helpful and clear piece of information I have read so far.

    I just have a few question in regards to my case. I am currently in Australia but will be applying ny visa offshore as I have a NCN from my previous student visa. And I read that this NCN will not be taken into consideration if I apply my visa offshore.

    I am building my documents at the moment, some that I am not sure of is what further documents can I prepare to prove our relationship? We are signing our marriage certificate prior of me departing Australia. And so far we have our joint accounts, tenancy agreement under both our names, we are each other beneficiary on our super, email traded, birthday and valentine card, my partner payslips and mine, employers reference, translated documents of birth certificates, friends references, penal check from my home country, health check up, prove of address and that is pretty much it. Can you advice me of further documents that I can prepare to strengthen my application?

    And in your opinion, how long the application process for a decision ready process? We would like to know if there is any other way to accelerate this application process to get the visa granted asap?

    Many thanks in advance!

    Reply
  7. Vallen

    Sorry just one more question, do I have to certified every copied documents? Such as friend’s references, pay slips etc?

    Many thanks!

    Reply
    1. Peng Cheng Post author

      To be safe, I’d put in certified copies for all supporting documents – except for police clearances which need to be originals.

      Reply
      1. Vallen

        Thank you! I will definitely certified all documents in exception to police clearances and medical check up.

        Just another question, since I have been living in Australia for more than 7 years, by applying offshore, it means that I need an Australian police clearance as well is that right?

        Reply
  8. Mandeep kaur

    Hi there,we applied foe defecto visa last year in July 17/2012 and have not heard nothing.My partner is Australian and I’m from India.
    Do we wait till July or we go to emigration and check it out?
    My lodging officer was not very helpful to start with so I’m worried !
    Can someone suggest me what to do?
    Thanks

    Reply
  9. Anna

    Hi Peng

    We applied for our VISA last year in June, we just received a request for DIAC to for my partner for proof of current address and proof he is still in a de facto relationship with me. is this normal?

    Reply
  10. Rebecca

    Thank you for taking the time to write this article and provide feedback. It is incredibly helpful. I’m applying for an onshore de-facto 820 visa. I’ve accepted the fact that I can’t have a decision ready application as I read it takes 12-18 weeks to get the US police certificate and my visa expires in 3 months. My question, though, is will they still accept my application if my police check is not included, but pending? If so, will they grant me the bridging visa while it’s pending or will I have to go back to America? Thank you!

    Reply
    1. Peng Cheng Post author

      Hi Rebecca,
      Yes you can lodge a valid application without a US police clearance. Bridging visa is generally granted shortly after a valid application is lodged.
      PC

      Reply
  11. Rob

    Hi Peng,

    I am currently compiling a Decision-Ready application for an 820 de-facto visa (onshore).
    When including bank statements to show the financial aspects of the relationships do I need to get them certified or can I just send actual printouts of my online statements?

    Also, would I need to highlight or draw attention to certain transactions proving the Nature of the Household on banks statements or can i assume the case officer will look for these themselves?

    Thanks!

    Reply
    1. Peng Cheng Post author

      Hi Rob,
      I don’t think you need to certify online statements. You can include an explanatory note if you don’t want to leave it to interpretation.
      PC

      Reply
  12. Mohit

    Hi , My wife is here in Australia on tourist visa and she has applied for 309 . Now case officer has asked for medicals, I want to know that do we need to send the medical receipt to case officer or we also have to send the reports which we get in sealed envelope once the medicals are finalized.

    Please do reply !!

    Reply
  13. Samira

    Hi,
    My husband lives overseas and I lodged a 309 application on Nov 2011. It is now May 2013. I obviously did not know there was a DRC, because they have been asking for additional information over and over again. I have called them a number of times and emailed but all the only response i get is “security clearance is not ready”. What should we do? Any advice?
    His medicals have expired to and they have asked me to wait till they request for medicals.
    I really need some advice

    Reply
    1. Peng Cheng Post author

      Hi Samira,
      Sounds like a ASIO check: http://www.asio.gov.au/
      These can take forever, no timeframe – its not immigration department checking, its the Australian Security Intelligence Organisation. Nothing that can be really done sorry.
      PC

      Reply
      1. Samira

        Hi Peng,

        If i call up ASIO will they be able to provide me some sort of information? The no time frame sounds like there is no hope! What am i suppose to do?

        Thanks,

        Reply
  14. Jay

    HI ,

    we have lodged Partner visa on June 5th 2012 and we got Pre grant visa mail from DIAC on Feb 5th 2012 and asked me to depart Australia for grant of visa , i been to Singapore .

    DIAC called up and said the wedding date filled in 40SP is March 14th 2012 and my sponsor ( partner) have departed Australia on 16th of March 2012 .

    Now DIAC is asking for proof of arrival before wedding date .

    our relationship is genuine but we wanted to keep 14th march as wedding date because of auspicious / horoscope sentiment .
    moreover in our tradition the wedding happens for 5 days and the wedding started on 14th of march at brides location in Australia.

    please suggest how to answer to DIAC query for further processing of 309 Visa.

    Regards
    jay

    Reply
    1. Peng Cheng Post author

      Hi Jay,
      I response is always: just be honest, backup claims with supporting evidence and respond to the request within the allowed time.
      PC

      Reply
  15. Jan

    Hi Peng,

    First of all thank you for this very helpful page.

    I am planning to apply for the subclass 820 for my partner and just having a quick question in relation to police clearance certificate that we would like to check with you.

    My partner is currently on a Temporary Graduate visa (subclass 485). He submitted the police clearance certificate from his country issued in February last year with the Temporary Graduate visa application which was lodged and granted in March last year. I am just wondering if he could use the same police clearance certificate to apply for the subclass 820 visa? Would the 12 month period validity of police clearance certificates still apply under this circumstance? He has been in Australia most of the time since the Temporary Graduate visa was granted.

    Thank you very much and your guidance on this matter is much appreciated.

    Jan

    Reply
    1. Peng Cheng Post author

      Hi Jan,
      It needs to be valid at the time of decision, so he’ll probably need a new one when the decision is made (valid for 12 months from date of issue).
      PC

      Reply
  16. Veronica

    Hi Peng,

    Your posts are very helpful thank you very much!
    I have a questions, im australian and my partner is from the UK. We were just doing the defacto visa but have since become engaged. I dont want to do the visa where we have to get married in 9 months, are we able to still continue as normal with our defacto visa even though we are now engaged?

    Thank you!

    Reply
    1. Alysha

      Hi Verónica,

      Just sabe your post and my partner and I are in exactly the same situation as you (me being Australian the only diference my fiance is Mexican. We were applying for a de facto Visa (yet to pay the fee as yet) and now we are engaged 😊 Can you give me some advice as to what you did? As our Friends in australia already wrote their stat decs before we were engaged. Should we get them to do those again? Any advice would be great!
      Alysha ☺️

      Reply
  17. Paulina

    Hey there. Your website is really good.

    After lots of work I finally have all the documents and my partner visa application ready to lodge!!!
    I have one question, I thought that it would be better if I put all the documents in a folder with an index to make it easier to read… but you say that this is not good?? Should I do it?

    Thanks!!

    Paulina

    Reply
    1. Peng Cheng Post author

      Hi Paulina,
      I generally use the checklist as a cover, and order the documents in accordance with the checklist.
      PC

      Reply
  18. Jelena

    Hi Peng,

    This is such a great site and thank you for helping us all out.

    My husband is applying for a partner visa. He is from Serbia and as such it is not a well-documented and very high in unemployment rates and do not follow the books. I live in Australia and he is to live here with me.

    He has worked at various jobs and is able to get a statement from his employers. However do the employers need to provide their logo, business identity details etc on the letter?

    Do the case officers take into recognition how each countries current situation is regarding the applicant?

    We have lived together for 12months at least in total but we only have a few letters and bills on the same address and recently have a joint bank account…is this sufficient? We are planning on applying very soon.

    Thank you in advance!

    Reply
    1. Peng Cheng Post author

      Hi Jelena,
      Yes company’s letterhead or logo is required for work references.
      Yes – country where the applicant’s from can be taken into account.
      Can’t answer your question about evidence – can only ask such questions after looking at the evidence.
      PC

      Reply
  19. Rintu

    Hi Peng,
    Very informative blog.
    I and my partner applied for a onshore defacto partner visa which is still under review with the immigration. we recently travelled to India and got married at the Catholic Church . We were issued a marriage certificate from the church but we didn’t register our wedding with the local government authorities. We would like to know if our wedding was considered legal fit visa purpose and wether we should report about this to the immigration office
    Looking forward for your reply
    Regards
    Rintu

    Reply
  20. Brian

    Hi Peng,

    Thanks for advise here. Very informative and concise.
    My question regards character documents. I have already got a police check from the UK (I’m British) and from Australia (have been living here for almost 2.5 years). I spent 10-11 months living and working in Spain between Sept-2008 and August 2009. I was under the impression, that as this was under 12-months I would not require a Spanish police check. I was hoping it won’t be an issue, but on my previous visa applications for Tourist visa and 457 visa I put 12-months without properly checking the dates. I’m considering having my Spanish work contract translated to be included in my application for a partner visa, which demonstrates I only had work between Sept-2008 and July-2009.

    Look forward to hearing what you think on this.

    Kind regards and thanks again for your advice.
    Brian

    Reply
    1. Peng Cheng Post author

      Hi Brian,
      I guess technically, you won’t need to provide a Spanish police clearance. You can complete and send a Form 1023 to DIAC: http://www.immi.gov.au/allforms/pdf/1023.pdf
      I can’t really predict what will happen with – or even if your case officer will check your previous visa application. My suggest is just tell the truth with this application – and inform your CO of the mistake if this issue arises, or inform DIAC ahead of time with a Form 1023.
      PC

      Reply
  21. Kelvin

    Hi Peng Cheng, I am wondering for the Partner Visa application, the requirement of having 2 x Passport size photographs, do I need to certify the photographs?

    Reply
    1. Peng Cheng Post author

      Hi Kelvin,
      The checklist just says to ‘You should print the name of the person on the back of each photograph’
      PC

      Reply
  22. Ming

    Hi Peng Cheng,

    I am currently on a 119 visa (previous RSMS) that was granted november 2012. My partner was put as a non-migrating partner as we did not live together at the time. Now we are living together (12 months in Dec 2013) and was thinking of applying for the 820 onshore partner visa. My friend told me to add on my partner onto my RSMS visa rather than spend more money on the 820. Is this possible?

    Thank you for your time.

    Reply
  23. Lois

    Hi,

    Thanks this is a really great article.

    I am currently in the process of applying for my partner visa with my de facto (australian) partner.

    Do I have to supply a Decision ready checklist with my application? I did not read about this in the manual about applying for your visa so am a bit confused?

    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Lois,
      No you don’t have to – you can still lodge a valid application that is not decision-ready, in which case you don’t need the checklist.
      PC

      Reply
  24. Emily

    Hi!
    My husband is a 457 temporary visa holder and he wants me to be with him in australia. The health insurance card is already released. Is there a deadline in lodgement of my visa application, since i already have a health insurance?

    thanks,
    emily

    Reply
  25. Nikos

    Hi Peng,

    Recently I applied for an offshore de-facto partner visa in Malaysia but after a week or so, I traveled to Australia with my partner. My CO now asked me for some additional documents but she wasn’t clear whether I should e-mail those documents back or I should send them via e-mail. Also when I tried to call her or call the High Commission over there to inform of my current residential change nobody picked up the phone although I called on office hours and days.
    Is it possible for me to provide additional documents such as travel booking itineraries via e-mail or fax or will I have to post them to Malaysia?

    Thanks in advance 🙂

    Reply
    1. Peng Cheng Post author

      Hi Nikos,
      You should contact your CO and confirm. You can call the Department’s general line and get your CO’s email to get confirmation.
      PC

      Reply
  26. Mia

    Hi Peng,

    Okay this might sound really confusing as I have alot of questions in my head.

    I have been in Australia for about 2 years on a working holiday visa, I am now on a student visa which will end in December 2014.
    I have been with my Australian partner for about a year and have been living together for those 3 months.
    This means that I can only apply for a de-facto visa in August ( 12 month requirement) , however will 4 months be long enough for a de-facto visa to be processed? Will they grant me a Bridging visa or will I have to go home to the UK?

    Thanks,
    Mareeya

    Reply
    1. Peng Cheng Post author

      Hi Mareeya
      Assuming you lodge a valid partner visa application, you will automatically be granted a Bridging Visa A during the time it takes the Department to make a decision. This visa will allow you to stay in Australia until a decision has been made.
      PC

      Reply
  27. Rena

    Hi there,

    Immigration has change their website recently. They didn’t ask for form 80 and evidence of sponsor employment for 2 yrs at the new document checklists. Should I still need to provide these two with my application?

    Thanks,
    Rena

    Reply
  28. Vince

    Hi there!
    Love your website and thank you for the information.

    I would like to ask whether you have experience with waiving the 12 month relationship requirement by having the de facto relationship registered in NSW. Are the chances of using this approach good as long a solid relationship can be presented (financial records, relationship details etc).

    Would love to hear more on this topic from you. Thank you!

    Reply
    1. Peng Cheng Post author

      Hi Vince,
      Having your relationship registered means that the 12 month relationship requirement does not apply – you do not need to apply for a waiver of this requirement.
      PC

      Reply
  29. Marouan Louhichi

    Hi sir:
    Im marouan, im 32 i married to my australian wife since mai 5th 2012 ,visa interview was in nov 27 2012, refusal application was in march 2013 …in april 2013 the mrt was payed and my wife send another file to the mrt because the decision made by the diac was very humilating….the reasons they mention is that the relation was not genuine, the age and the culture differences between me and my wife…any way my wife made a very huge, professional and well orgnized file with all the proofs wich i did not gave in the 1st file like pic videos..old msgs..phone bills…now we have a member in the mrt but westill waitng for any news ftom them….my questions are:
    …. HOW MUCH TIME DO WE HAVE TO WAITE
    …. IS THE CHANCE IN MRT IS BETTER THAN THE DIAM
    THanx

    Reply
    1. Peng Cheng Post author

      Hi Marouan,
      If you have a member allocated already, then you should have your hearing in the next few months.
      The MRT applies the same law as the Department – but it is a fresh assessment of the application.
      PC

      Reply
  30. andrew fox

    Hi again, great site, lots of help! Would you recommend lodging an onshore partner visa application online or by post? I have heard (from no one official) that online applications may be processed quicker. However, I feel that a paper application may be easier for us as I’m not sure I’ll be able to upload all our evidence online. And also, does every single copy of each bit of evidence (so for example airline tickets, bills, bank statements etc) need to be certified? I haven’t found any guidelines to say this but wonder if it may be a good idea.
    Thank you
    Andy

    Reply
    1. Andrew fox

      Hi Peng,
      Just wondering what needs to be included for the character assessment for the applicant? Obviously original police certificate(s) of anywhere that has been lived in for over 12 months, but I have seen on a couple of forums that ‘form 80’ has also been included, but I can’t see anywhere in the document checklist or the guidance that mentions this form. Am I missing something?
      Thanks again

      Reply
      1. Peng Cheng Post author

        Hi Andrew,
        Form 80 relates to character – it may not appear on the checklist for your visa but your case officer can ask for this. For permanent residency applications, the do generally ask for this.
        PC

        Reply
  31. Max

    Hi there!

    Your advice is of great help regarding the visa application.

    Me and my partner are appyling for an Onhsore partner visa as of tomorrow. However, it is likely that I will be granted a Bridging Visa which will not allow me to leave Australia. I have not seen my family and friends for over a year and a half and I have got a family member that is suffering from light dementia. However this will be hard to proof as she is not in a crucial state currently but I would love to be able to see her while she is still doing OK. Will the DIAC need medical proof from the Netherlands? ( the country I am from and intent to visit coming April for a couple of weeks) And is this a substantial reason? And how long do I wait with applying for that type of Bridging Visa?

    Many thanks in advance.

    Reply
    1. Max

      I have just got one more question.

      With “prove of communication in times of separation”, I have phone records and high lighted the times I have text my partner. Is this a good way to do it? And one last one, we have about 10 Stat Decs from family and friends and they are individually stapled, shall I remove anything that is stapled from the application?

      Thank you so much, your time and opinion is greatly appreciated.

      Reply
    2. Peng Cheng Post author

      Hi Max,
      Will the DIAC need medical proof from the Netherlands? ( the country I am from and intent to visit coming April for a couple of weeks) And is this a substantial reason?
      The reason is fine – they may ask for evidence. You can try lodging with just a statement explaining why you need to travel, but they may ask for evidence
      And how long do I wait with applying for that type of Bridging Visa?
      Pretty quick – say 1-3 weeks.
      PC

      Reply
  32. Zhi

    Hi There, thanks for the great insight on the matter. My current visa is expiring 2 May 2014. My partner and I have just applied to register to our relationship in Victoria today (11 March). If we don’t receive the certificate before we lodge the application on 20 April 2014. Will I still be granted BVA? Thank you for your advise!
    Zhi

    Reply
  33. Stephanie

    Hi Peng,

    Thank you so much for the post and replying to everyone’s queries! I am just about ready with my defacto partner visa documents and was thinking to lodge it online as I have everything scanned. However after reading from people’s stories, they mostly lodge it in person or post it. Would you recommend to lodge it online? I am also concerned that police certificate from Australia will need the originals to be sent. Am I able to just post that separately? Many thanks!

    Reply
    1. Peng Cheng Post author

      Hi Stephanie,
      I’m telling my clients to go with online applications. With police clearances, I’m finding that case officers will accept a clear scan of a certified copy, and they generally do not require the original clearances.
      PC

      Reply
  34. ammu

    hi peng,
    hopefully u are doing well to help people like me. my question is i got my rsms visa in jan 2014. i am married for 11 years. i want to divorce my husband.but i dont want jeoperdise his pr status.do i need to wait untill we will apply for citizenship.what is the process .plz help me thanks alot

    Reply
  35. Nnamdi Collins Oraezu

    Hello i applied for my partner visa offshore309 in Nigeria and my wife have live with me and family for 14mouths in Nigeria. we have been in a relationship for 3year, initially i was issued 12 mouths conditional visa that would allowed me to stay in Australia for 3 mouths at a time till 12mouths been leaving in Australia off and on without my partner and i have to travel back to Nigeria to lodge the visa application.i have supplied all the document needed and my case officer has advise me that she has completed the final assessment and request me to leave Australia before the would finalize my application been 7mouths since i lodge the visa application

    How chance am i to get lucky on this issues..please i need your advice

    Reply
    1. Peng Cheng Post author

      Hi Nnamdi,
      Looks like your CO is about to make a decision. Sorry can’t see any queries for us to answer.
      PC

      Reply
  36. Faye

    Hey,

    I am currently on a permanent 190 visa for Australia. Myself and my partner are currently gathering evidence for the defacto visa. I am aware that he requires a medical, however do I, if I already had one last year (although this was over one year ago?), if so, the information I have from the medical is not sealed in an envelope.

    Reply
  37. Ashlee

    Hello Peng Cheng,

    My husband and I are organising his documents to apply for the Partner Visa (Subclass 309/100). We will be applying from inside South Korea.
    We have been married for 2 and a half years, have completed his health check and polick check, and have all documents and evidence ready to submit.
    I was just wondering if you have any experience (if all our documents are correct) of how long it might take for the 309 visa to be granted..??
    Just an estimate? 🙂

    Thanks for your time and advice.
    -Ashlee

    Reply
  38. Arpit

    Hi there,

    I am currently holding temporary partner visa 820. i lodge my application on 30th october 2012. I have been waiting for my 2yrs time to finish. could you please tell me when will Immigration contact me to process my application further, is it going to be 2 months before the end of two years time or anytime after the completion of 2 years.
    Now I have all the documents ready to submit to my case officer once its been allocated. I just wanted to know do I need to get my medical done again? do i need AFP again and also do I need overseas police clearance as I went overseas with my partner last year.

    Please advice
    Thank you
    Arpit

    Reply
    1. Peng Cheng Post author

      Hi Arpit,
      There is no specific time at which the Department will contact you, but it would be after 2 years have passed since you lodged the application. Health and character is generally not required again but you just need to wait and see what the Department asks for.
      PC

      Reply
  39. Ana

    Hi there,

    I first applied for partner visa on August 24th 2012 and got granted a temporary residency on November 28th 2012. In June 24th 2014 I’ve got a letter from immigration requesting documents to process the permanent partner stage. On July 17th I sent all the documents through and a week later I received an acknowledgement letter from DIAC. Since then I haven’t heard anything from them. Is there any particular reason for taking a bit long to process my application or DIAC is just crazy busy??? Should I call to ask about the progress of my application? Also, Do I have to stay in australia until the visa is granted or can I go and visit my family for a month or so? Thanks a lot for your time.

    Reply
    1. Peng Cheng Post author

      Hi Ana,
      It may a few months before you receive a decision. You can be in or outside of Australia at the time of decision.
      PC

      Reply
  40. Andrew

    Hi Peng,

    Thank you for building this website and providing so much information. Can you please help me answer this question?

    My partner can not speak English at all, does it matter if I help her write statement in English and sign it? Or does she have to write in Chinese and get it translated by recognised organisation?

    Thanks,

    Andrew

    Reply
    1. Peng Cheng Post author

      Hi Andrew,
      You can help her write in a statement in English, and then verify as part of the statement that the statement has been read to the applicant and that she understands the contents of the statement.
      Translations should be provided by professional translators.
      PC

      Reply
      1. David obleshchuk

        Just to clarify … If I write it in English and my partner signs it we write that he understands and agrees to it all, that that is all ok ?

        Reply
  41. Chloe

    Hi,

    I am currently putting together everything for my partner visa (applying inside australia). On the immigration website it says these visas are currently taking 12-15 months to be processed so I dont know whether to get my health and police checks done now or wait until I’m asked for them incase they expire in the mean time?

    Thanks
    Chloe

    Reply
    1. Peng Cheng Post author

      Hi Chloe,
      Processing time is around 6-12 months, although it can be longer. We usually provide police clearances and medical results as part of the application before this is requested.
      PC

      Reply
  42. sara

    Hi

    i live in australia and my husband lives in dubai and we applied for the partner subclass 309 visa on 5th of feb 2014. I recently received an email from my case officer asking for extra information, police clearance and my partners health examination. i have gathered all the information and am about to post it soon because im still waiting for my husbands police check. my husband has also completed his health examination. i just wanted to know how long after the health examination and police chekc will the visa be granted? is this a good sign?
    my case officor also mentioned that my case is being checked by a third party and they cant tell me how long that will take.. who is this third party?

    Reply
    1. Peng Cheng Post author

      Hi Sara,
      If they need to complete an ASIO check, then you may be waiting for quite awhile – there is no timeframe for how long this can take.
      PC

      Reply
    1. Peng Cheng Post author

      ASIO check isn’t conducted for all applications. I’m not sure how the Department decides in relation to whether this check is required.

      Reply
  43. Lisa Iosefa

    Hi,
    My husband has applied for partner visa 309 in Samoa March, 2014. He was then given his Health examination forms which he had undertaken the following week. Once it was all completed he was told by the panel doctor that they will send it straighr to Fiji where his application is being processed. I made sure i had a decision ready application. The only thing was the office told us we cant police check unless they ask or it.We got a C/O in April 2014. I have just received a email from the case worker asking if my husband had completed his health examination and that she will be sending all my evidence of support back to the office that we had lodged his application. Im worried as to why she would email in regards to the health check when I thought she would have received it months ago. I did reply back to her to tell her the Doctor we saw and the date it was done. She has since replied vack saying she will need to confirm it with panel doctor for clearance and then get back to us. Is this a good sign? Do you think we will be waiting much longer for a decision?

    Reply
    1. Peng Cheng Post author

      Hi Lisa,
      This just means that the application is under assessment. If the examinations have been completed, the Department should be able to link up the results with the application. Your CO should let you know if anything else is required, and when you need to provide it by if any items are requested.
      PC

      Reply
    2. Anita

      Hi Lisa

      im in the same boat. Same this is happening to my husbands papers. I can see you’ve posted your post awhile ago. Can you please advise what happened next in your case?

      🙂

      Reply
      1. Lana

        Hi Anita, i just saw your post and exactly in the same situation either. I was wondering if you have any updates regarding your visa
        Cheers

        Reply
  44. Ylonna Jane Bay

    Hello there! We have applied for my husband’s spouse visa and it was lodged last September 2,2014. And last November 22,2014, we received a letter from the immigration to have a medical examination and certified police clearance. How long would it take for us to have a case officer? My husband is in the Philippines and I am here in Australia. And, would there still be an interview for my husband? Thanks!

    Reply
    1. Peng Cheng Post author

      Hi Ylonna,
      Processing time is around 6-12 months from when you lodged the application. An interview is a possibility.
      PC

      Reply
  45. Ann

    Hi Peng,

    When a CO asks for last bank statements and also any additional information that I feel that supports my relationship claims, what else should I send? Letters on the same address, bday cards, super funds with partners name beneficiaries? Would our hotel bookings under my partners name for the two of us would be enough?

    Thanks heaps in advance

    Reply
    1. Peng Cheng Post author

      Hi Ann,
      Letters on the same address, bday cards, super funds with partners name beneficiaries? Would our hotel bookings under my partners name for the two of us would be enough? Yes this type of evidence is acceptable. Don’t really know enough about your circumstances to suggest what you can provide
      PC

      Reply
  46. DAmian

    Just a quick question, my partner and i have nearly waited 12 months for partner visa a case officer was assigned in Auguest 2014 just recently we recieved in the mail her 2 police checks australian and english and the 5 photos we sent in the application with no infomation, just wonder what your take on this might be?

    Reply
    1. Peng Cheng Post author

      DIBP is just sending some original documents back to you. They would have kept copies for the file. This doesn’t really mean anything.

      Reply
  47. Inger

    Hi Peng,
    I have a question related to translating documents. I’m applying for an onshore defacto visa. I’m from Belgium and I need to get my birth certificate and police check translated. Do I need to certify these documents in Belgium or can they be certified in Australia? Also can they be translated in Belgium or is it a requirement that these documents be translated by NAATI in Australia? Thank you!

    Reply
    1. Peng Cheng Post author

      Hi Inger,
      Do I need to certify these documents in Belgium or can they be certified in Australia? either is fine.
      Also can they be translated in Belgium or is it a requirement that these documents be translated by NAATI in Australia? either is fine as long as you use a professional translator.
      PC

      Reply
  48. ali

    Hi, I have been waiting for my wife’s 309 visa application over 8 months now. Last month my case officer has indicated me my visa application is in decision ready stage. Does it mean its on final stage? how long it might take more?

    Reply
    1. Peng Cheng Post author

      Hi Ali,
      Hopefully you’ll get a decision in the next 4-6 weeks. It just depends on how busy the case officer is.
      PC

      Reply
      1. sara

        Hi Peng
        i sent my husbands police check and medical clearance wih additonal information in november and have still not recieved any information from my case officor. how long after the medical clearance and police check is the visa granted?

        Reply
        1. Peng Cheng Post author

          There is no set time frame – just depends on how busy your case officer is, and how long it takes the Department check that all requirements for the visa are satisfied.

          Reply
  49. Nisha

    hi there, I have a question – I applied for an offhsore spouse visa and have been in australia on another visa whilst waiting for my decision on the spouse visa. i was notified that the visa has been granted.do i need to leave the country for the stamping? is there any way of getting it stamped in australia instead of another country? do you know how long embassies outside take for the stamping and are there any documents i need to take with me for this purpose?
    Thanks a lot!

    Reply
    1. Peng Cheng Post author

      Hi Nisha,
      You can go to any Department office in or outside of Australia to get a visa label in your passport.
      PC

      Reply
    1. Peng Cheng Post author

      Hi Celest,
      You can complete health examinations after lodgement for the purpose of a partner visa application.
      PC

      Reply
  50. Max

    Hi there,

    Just a quick question,

    Do I need a health insurance while waiting for my visa to be processed and finalized (Partner visa (Subclass 820)?

    I have granted a Bridge A (Class WA), Bridging A (Subclass 010).

    There is no clear information online if I need to keep a valid health insurance or not?

    FYI, as I granted the Bridge A visa, I have already got MediCare card, does it cover the immigration insurance requirement for partner visa?

    Your help is appreciated.

    Cheers,

    Reply
      1. Max

        Hi Peng Cheng,

        Thank you very much for the prompt reply and of course for the valuable clarifications.

        Cheers,

        Reply
  51. Helene

    Hi Peng Cheng,

    I’m the secondary applicant of my ex-boyfriend’s 457 visa. We broke up two months ago, after 9 years together and after 3 years living and working in Australia. Last month I had to fill the Form 1022 (Notification of changes in circumstances), since I didn’t receive any letter or email from Immigration concerning my visa conditions: cancellation, right to work? On the immi.gov.au I can’t find information about this situation.

    Thank you in advance,
    Helene.

    Reply
    1. Peng Cheng Post author

      Hi Helene,
      The Department should eventually contact you and ask what your intentions are before any action is taken.
      PC

      Reply
  52. sarah

    Hi

    Ive been in a 6yrs relationship with my partner and ive applied for a defacto visa 2yrs ago in april 2013. It’s last year that my application has been assigned to a case officer. And she requested some documents last year police check,photo…etc and this year they asked me for evidence again. But since ive applied i haven’t been granted any tempory visa apart from a bridging visa & it’s nearly 2yrs and im still Waiting. do u think that they will grant me my PR directly or i’ll b on my 820 visa and i need to wait for another year for my PR? This is so confusing because normally u are granted a tempory visa for 2yrs and after the 2yrs it your PR? Do you have any idea about my situation please.

    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Sarah,
      I think that the Department can only grant a temporary visa first. Yes you are normally granted a temporary visa, and then assessed for permanent residency after 2 years.
      PC

      Reply
      1. Paul O

        Immigration can grant Permanent if the criteria is met. It is not compulsory to grant the temporary first and in cases where the relationship is considered to be long term they do grant the Permanent Visa without the temporary.

        Reply
  53. sara

    Hi
    My husband was granted his visa yesterday!! 🙂 so we are overwhelmed with happiness and its just happened to suddenly. we are abit confused now because they have told us to come and collect our documents which we did today. we got all of our stuff including the original grant letter. do we have to do anything else now? australia is stamp free now and everything is online. i checked VEVO and my husbands visa grant details were online so do we take the original grand letter and book a ticket now?please let me know im abbit confused because it happened so suddenly.

    thank you so much

    Reply
  54. Ajay

    hi

    I married before my pr but after our pr I have divorce with my wife and now I am I’m in another relation from last 6 months so can I sponsor my girl friend from overseas.

    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Ajay,
      Extract from Department’s website:
      A person who themselves were granted a partner or prospective marriage visa is also prevented from sponsoring a partner or prospective marriage visa applicant until at least five years have passed since they made their own visa application.
      The sponsorship limitations referred to above may be waived if the sponsor has compelling circumstances affecting them. These include but are not limited to situations where:
      the previous fiancé or partner has died or left the relationship, leaving young children
      a new relationship is formed that is long-standing or involves dependent children of the relationship.
      PC

      Reply
  55. Graham Eldridge

    Hello. My fiancé and I have been in a relationship for around 22 months. We filed for the 300 Visa on 1st July 2014. We were orinally told it could take 12 months. My Thai fiance has been to Australia on a few vistor visas but the last one was refused. They say she has spend 9 out of 12 months in Australia so should spend time in Thailand. My fiancé emailed our case officer in Thailand and the lady emailed back “within 30 mins” that “the fiance Visa is in the final stage” can you please help me if you have heard how long a decision will be from now. It’s been 9 months “and we count every day” thank you for any support.
    Kind regards, Graham

    Reply
    1. Peng Cheng Post author

      Hi Graham,
      That completely depends on your case officer – we won’t be able to provide you with any further information beyond what the CO has told you.
      PC

      Reply
      1. Graham Eldridge

        Hi.
        Thank you for your quick response.
        Can you just tell me with your experience, fiancé Visas from Thailand to Australia (if the paperwork has been done correctly) they say the Visa can take 12 months but, I have googled that the actual waiting time is 5 – 10 months? Have you heard or seen this? Kind regards Graham

        Reply
        1. Peng Cheng Post author

          Processing time varies greatly – all that we can say is that it takes approximately 8-12 months.

          Reply
  56. izzi

    Hi Two questions.
    1. Re: Partner visa – Can you advise if documents need to be certified even if they are uploaded in colour
    2. AFP Certificate- Does the certificate need to be certified if uploaded in colour – Does the original need to be sent to the Department.

    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Izzi,
      Cleared scanned copies that are not certified are usually accepted by a case officer. A case officer can ask for certified copies for supporting evidence.
      This applies to police clearances as well.
      PC

      Reply
  57. Mack

    hi Peng ,i have question please.
    i lodged my partner visa onshore (subclasses 820 ,801)on 1st october 2014 and granted BVA on 1st november 2014 ,and i sent many photos ,joint accounts without asking me and ive done police check and medical test and still waiting till now on my BVA ,not receiving visa 820 yet so for today process time of my application passed 18 months and not receiving anything.
    i tried to ask my agent then he advice me that we send DIAC a form to tell them i changed my agent so we can ask for update ,we did it from 3 weekd ago ,same thing till now no response .
    so the agent tells me nothing wrong ,and to not worry ,just wait till process time is done after 6 months or between they might grant me visa before 2 years .
    so in ur opinion ,is that normal and what do i have to do in this case
    advice plz
    thank u

    Reply
      1. Mack

        Thank u Peng for answering me ,
        One more question plz .
        Do u think will it take more than two years nowadays to get permanent.

        Reply
        1. Peng Cheng Post author

          It will probably take you longer than 2 years to get the PR visa, counting from when the visa application was initially lodged.

          Reply
          1. Mack

            We’re married on 1st september 2014 ;lodged the application on 1st october 2014 into immigration and getting BVA 1st november 2014 ;what do u think about my application and when would u expect i will get my PR or at least temporary visa .thank u

          2. Peng Cheng Post author

            We have already provided you with all the general information that we have.

  58. Mack

    ok thank u Peng for all info .
    but only correcting my mistake my application visa was lodged on 1st October 2013 that means already passed 18 months till now .
    thanks again

    Reply
  59. Nav

    Hi peng,
    me and my husband has been living together form last 6 years been married from 3 years.
    we are thinking to apply for partner visa as he is on bridging visa C of 187 rsms which is in MRT. He had visa refused before. we have to satisfy schedule 3 waiver for onshore partner visa application. we are thinking if he goes to India n apply offshore partner application, can he be eligible for tourist visa n come here for 3 months then go back.
    as the process is 12 months and will be really hard to live alone here. it is written on their website that after applying for partner visa you can apply for tourist visa.
    your reply would be much appreciated
    thanks

    Reply
    1. Peng Cheng Post author

      Hi Nav,
      Your partner can lodge a visitor visa application after lodging an offshore partner visa.
      PC

      Reply
  60. Kaushik

    Hi, I am in detantion center and immigration cansel my protaction for PR , my girl friend is aussi she want to help me to come back to aus !
    what we have to do .

    Reply
    1. Peng Cheng Post author

      Hi Kaushik,
      We would need to complete an assessment before we can provide advice on your matter. Please see Contact us page.
      PC

      Reply
  61. Trannum Kataria

    Hi Peng,
    On behalf of everbody, I would like to take an opportunity of thanking you for your precious and most valued feedback to our queries.

    My question is regarding partner visa for myself (309, 100, 47sp 40 sp , etc) submitted online on 17th july,2014 to immi.gov.au.

    Is it a problem as:

    1. I have just submitted first and last page of notarised passport copy

    2.submitted scanned copies of everything, be it police clearance , character certificate or any other document.

    3.Submitted photograph only in marriage certificate.

    Will any of above delay my application, I have not been assigned with any CO so far and online application status says assessment in progress.

    I do not know what to expect, I am currently on multiple entry visitor visa in Australia, do I need to be offshore for the processing to speed up or can i stay here and leave when asked to by the CO.

    I would also like to know if I can leave Australia for 2 days and come back, to again be with my husband for another 3 months and in the meantime wait for partner visa gratification.

    Sorry for so many questions but your insight will be appreciated and I will certainly be obliged.

    Regards,
    T K.

    Reply
    1. Peng Cheng Post author

      Hi TK,
      I do not know what to expect, I am currently on multiple entry visitor visa in Australia, do I need to be offshore for the processing to speed up or can i stay here and leave when asked to by the CO.
      I don’t think that being in Australia will affect the processing for your application. Your CO will let you know if they are ready to make a decision and you need to be outside of Australia.
      I would also like to know if I can leave Australia for 2 days and come back, to again be with my husband for another 3 months and in the meantime wait for partner visa gratification.
      Yes – you need to comply with the conditions of your visa.
      PC

      Reply
  62. Chai

    Hi Peng,

    I am a PR & got married recently. On 7th of May we have lodged partner visa for my wife (who is in India at the moment), she had also applied for Visitor visa & its granted.
    Query: As she plans to come & join me here in Australia shortly in a matter of 2 weeks, I would like to know can she complete her ‘Medical health examination’ in India before coming to Australia? given that its not yet requested by the CO.

    Awaiting your reply!

    Regards,
    Chai

    Reply
    1. Peng Cheng Post author

      Hi Niel,
      Changing employers doesn’t necessarily renew your 457 visa. You would have lodged a new 457 visa application in order to renew a 457 visa.
      You need employer sponsorship for a 186 visa.
      PC

      Reply
  63. nancy

    Hi Peng,

    I am bit confused about the various kind of partner visas.
    I recently got married and my partner is overseas. I just want to know should i apply for offshore partner visa first or the visitor visa first as i really miss my partner and visitor visa can be quicker than the offshore partner visa?

    Please reply/

    Many thanks in advance

    Reply
    1. Peng Cheng Post author

      Hi Nancy,
      The processing time for a visitor visa should be much quicker. The processing time for an offshore partner visa is around 6-12 months.
      PC

      Reply
  64. Niamh

    Hi Peng. I submitted my application for partner visa in June 2014. My partner and I became an official and exclusive couple in april2013 but my holiday visa expired in May. I travelled to my home country for 3 mths in which time I arranged my 2nd working holiday visa to return. During this time we were in contact every day and once o returned we moved in with each other. Now immi are telling me that even though we were official in April, because we only moved in together in August, we were only considered ‘defacto’ for ten months not 12 when I lodged the application. We have now been living together for almost 2 years but they have contacted me looking for further information and are citing this as problem. They are now saying they need conpassionate reasons for why I applied when we had only lived together for 10mths… Will it suffice that I had to leave the country on visa grounds?? Will it suffice that there was also a big change happening in my family life back home at the time? Please help, I’m worried 🙁

    Reply
    1. Peng Cheng Post author

      Hi Niamh,
      We would need to complete an assessment before we can answer your query – please see contact us page.
      PC

      Reply
  65. Oubi

    Hi .liked this website
    my question is i married Algerian girl 3 years ago and i have a boy with her i applyed for a marriage sopse visa to bring to aaustralia with my son 3 months ago. But i been adviceed from iimg Officer to provide him cohabitation evidence, child birth certificate and financial support.
    I was wondering why do the required those my son isn’t enough evidence of the relationship.

    Reply
    1. Peng Cheng Post author

      Hi Oubi,
      You need to provide evidence to demonstrate your relationship. Having a child isn’t sufficient evidence.
      PC

      Reply
  66. Vreni

    Hi, I have a quick question. According to the online immigration information and the actual application forms themselves for partner visa subclass (820) application in Australia, they seem to state that if you cannot fulfil the 12month De facto duration period, that a registered relationship certificate with births deaths and marriages will make the 12 month period be sufficient. Is this the case… or are the forms misleading? Thanks for you time. V

    Reply
    1. Peng Cheng Post author

      Hi Vreni,
      Registering your relationship waives following the requirement – you need to demonstrate that you have been in a de-facto relationship for a period of at least 12 months prior to the lodgement of the visa application.
      PC

      Reply
  67. Samer

    Hi Peng,
    Me and my ex wife got married in Egypt 2008, she sponsered me in June 2010 spouse visa 309, my visa granted on July 2011, I got my PR in Australia in December 2012. Me and my ex wife got divorced in March 2013, I get the divorced certificate from Egypt in Augest 2013. Then i got married again over seas in Egypt in November 2014, my question is Can i sponser my wife to come to Australia in spouse visa 309?
    Thank you.

    Reply
    1. Peng Cheng Post author

      Hi Samer,
      As stated on the Department’s website:

      Your sponsorship might not be approved if you:

      were sponsored for a Partner or Prospective Marriage visa within the past five years
      have successfully sponsored two people for migration to Australia on a Partner or Prospective Marriage visa
      have successfully sponsored another person for migration to Australia on a Partner or Prospective Marriage visa within the past five years.
      Your sponsorship could still be approved in compelling circumstances, such as:

      your previous partner has died or abandoned the relationship, leaving you with young children
      your relationship with your current partner has been longer than two years
      you and your partner have dependent children from your relationship.

      PC

      Reply
  68. Samer

    Thank you Peng.
    I want tell you that my ex wife, she is the one who sponsered me to came to Australia, i never sponser anyone yet, i am in PR 100 now, the PR granted in December 2012, we divorced in March 2013, i got the divorced paper in June 2013. I got married to my current parnter in November 2014. My relationship with my current partner more than 2 years.
    Thank you.q

    Reply
  69. Mark

    hi Peng
    i would like to ask u some questions plz about onshore partner visa.
    i am under bridging visa A when i lodged my partner visa on october 2013
    that means i already passed 20 months with my wife till now and still i didnt get temporary visa.
    i gave the immigration whatever they asked and more but from 7 months ago or more they didnt ask me of anything .
    im worried how long do i have to wait until i get something from them as u know under law partner visa is 24 months continous relationship.
    and i want to know if they count the days when i travelled overseas when i was married under bridging visa B ,because i travelled 2 times during my process visa ,one time without my partner and second time she followed me ,so my question are that days countable from 24 months processing time or they will delay my processing time more than 24 months.
    and when they asked me to do medical test ,ive got an appointment and ive gone to do it ,i enter till the X-ray machine then the assisstant notices of my passport was expired ,so she said u r not allowed to enter here ,how they did let u pass from checking ,then she asked her manager ,he said u have to renew ur passport and then we can do it because immigration doesnt accept that anyway ,i went overseas for 21 days and when i came back i tried to get new appointment so the medical centre doesnt accept it ,and they sent me messages and said that ive done the medical test and results was sent to immigration ,i tried to ask immigration if they need anything they said nothing and ive got msg told me that ive done medical test ,i dont know how it is happened .
    i asked my lawyer what to do ,he said dont worry leave it ,if ur case officer see it ,they will ask u to re-do it ,but from 10 months ago no one noticed it from immi and i didnt get anything from them and always i asked update ,i got no response ,nothing new.
    what is ur advice in that case
    sorry for being long but only to make it clear how it is happenned .
    Thanks in advance

    Reply
    1. Peng Cheng Post author

      Hi Mark,
      Travelling outside of Australia shouldn’t delay the processing of your application. You’ll need to contact your lawyer for your other queries.
      PC

      Reply
  70. Vreni

    Hi there,
    My Italian partner and I are applying for a partner visa subclass 820 and I am wondering is form 80 necessary. It isn’t on the checklist nor can I find specific information about if it is required or not. My other online research suggests that it is necessary.

    Reply
    1. Peng Cheng Post author

      Hi Vreni,
      It isn’t mandatory to provide form 80, but you can provide this at the time of lodgement if you wish.
      PC

      Reply
  71. Jose Rodrigues

    Hi, Peng, me and my partner (Australian citizen) have met in UK in May 2011 we have been leaving together since January 2012 we have heaps of proves and we also have a beautiful 3 years old son, we are now in Australia and we want to start the application for my defacto visa, but I’m very confused, with witch visa should we take as my child holds an Australian passport too. And do I still have to go thru the 2 years waiting list to be giving the PR? Many thanks in advance.

    Reply
    1. Peng Cheng Post author

      Hi Jose,
      Have a look at the 309/100 and 820/800 visas. The Department should be able to make a decision on whether permanent residency is granted without firstly granting a temporary visa for 2 years.
      PC

      Reply
  72. Ana

    Hi Peng Cheng

    I am currently applying for subclass 820. In the form 47SP qn 74 & 75, it requires travel history for the past 10 years. I have lost my expired passport and most of my travel history were in the expired passport.

    Can I make a guess the travel dates to the country as much as I can remember? Do I need to attach evidence to the travel history? If yes, i will not be able to provide the travel history since i have lost the expired passport.
    Hope to hear from you soon.

    Reply
    1. Peng Cheng Post author

      Hi Ana,
      I haven’t submitted an application where the applicant is guessing such dates.
      You don’t need to submit evidence to demonstrate your dates of travel.
      PC

      Reply
  73. Amy

    Hi there.
    Me and my partner have been together for 3 months (known each other for 3 years) and he has asked me to marry him.
    He is currently on a bridging visa.
    We would like to get married soon but I’m not sure how the visa situation works.

    He was in a defecto relationship but it haddent been granted yet. Is it possible to either keep him in Australia while the partner visa is being processed (while we’re engaged) or can we get married sooner. Thankyou

    Reply
    1. Peng Cheng Post author

      Hi Amy,
      He may be able to apply for a 820/801 visa
      We would need to complete an assessment before we can advise in relation to his visa options – please see contact us page.
      PC

      Reply
  74. marilyn

    Hi There,
    Good day to you all.
    I am from philippines i meet my partner in one of the dating site, we start exchanging mails, calls, txt in last week of july 2013 then in may 2014 he visit me in the philippines and he spend his month holiday with me and my family. i have 2 sons in my previews relationship. when my partner back in australia he invite me to come visit him so i apply my tourist/visitor visa and approved in sept 4 2014 i got multiple entry for 1 yr. so i buy ticket to fly in australia in that month then sept to dec 2014. then back again in the philippines and stay a month only and fly back in australia feb to may 2015, same a month again in the philippines im here again in australia june 19 2015 to sept 2 2015 because of my visa expire in sept 4 2015…..my question is can i apply now while im here in australia for the defacto/partner visa? or i need to go back in the philippines in sept 2015 and apply there? and because i have children my own in my previews partner my eldest son 18 yrs old and my younger son 14 yrs old can i include them in my visa? what visa suitable for me the subclass 300/ 309 / 100 or the 800 / 801?

    Thanks for the Reply in Advance,
    Marilyn

    Reply
    1. Peng Cheng Post author

      Hi Marilyn,
      We would need to complete an assessment before we can provide such visa advice – please see contact us page.
      PC

      Reply
  75. Ariel

    Hi Peng,

    My partner and I started our de facto relationship in February 2011 and applied his partner visa (820/801) in July 2014. He was just granted the 820 visa today. However, I read on the partnership immigration booklet that if the de-factor relationship is 3 years or over, a permanent 801 visa can be granted. Should we just reply to the 820 visa grant email saying that based on our documents our de facto relationship is over 4 years a 801 visa should be granted? Or should we call the 13 number?
    My partner has been on temporary visas since 2012 and it’s really difficult to find a good job with this visa even if he has got 2 master degrees in Australia and CPA. It’d be really great if you could help with this.

    Many Thanks,
    Ariel

    Reply
    1. Peng Cheng Post author

      Hi Ariel,
      You can contact the Department and ask about this issue – but they might make you wait and ask you to proceed with a PR application, rather than granting PR now.
      PC

      Reply
  76. Alyssa

    Hi Peng!

    Thank you so much for your post and replies. I just spent the last hour reading all of them. My Australian partner and I are preparing our partner visa subclass 820/801. I’m from America and am currently on a working holiday visa 462 which expires August 2, 15. We have been together since January 2015 and have the certificate for our registered relationship with NSW. Just a couple questions.

    1. Can we lodge the application now and submit all supporting documentation after? (Evidence, form 888, police checks, health checks etc) or do we need to have everything uploaded before he hit submit?

    2. Once we have submitted- am I immediately granted a BVA? With that BVA can any employer employ me without my previous restrictions of my 462? Do I have any work restrictions or risks?

    3. I’m aware we need to apply for Bvb as soon as we can because we have a trip booked back to the states on Aug 20-Sept 5. My brother has had a baby and we are going to visit.

    Thanks heaps in advance!!!

    Reply
    1. Peng Cheng Post author

      Hi Alyssa,
      1. You don’t have to upload the supporting documents immediately after lodgement. We usually try and upload these within 2-3 weeks, and you can always log back in and upload further supporting evidence later. The Department will contact you if you don’t upload anything.
      2. The Department should send an email confirming the grant of the BVA. This comes into effect when your current visa expires. BVA should give unrestricted work rights – check conditions on your visa to confirm.
      3. Yes you need to apply for a BVB.
      PC

      Reply
  77. Mir

    Hi Peng,
    Thanks in advance for your answer.
    I have applied for a partner 820 visa on April 2015, still no answer or Co assigned after receiving confirmation of the aplication being received. My partner and me have been living together for aproximately 2.5 years and have a 1 year old son.
    I previously was on a 457 visa which was cancelled, and the BVA was cancelled as well.
    Then I obtain a BVE, which doesn’t allow me to travel outside Australia, or aplly for a BVB
    We have booked Peru on September this year to see my family, we are going, his parents, his family from Ireland and some of my family members from US are going to meet us there, it’s a big deal… Now apparently I can’t leave Australia since my BVE will cease if I do
    1. Someone suggested me to go to Peru in September, and wait for a result there even if I have to return later to Australia.
    2. Another suggestion I received was to apply for a visitor visa while I’m Peru, then come back with my partner and son to Australia and wait for the result of me partner visa.
    By the time I am supposed to be in Peru my visa application will have approximately 6 month since submitted, it’s an online application, have already done police clearance from Peru, and clearance from Australia as well, medical are done, we have proof of holidays with my partner and his family as well, lots of photos, baby together ( which I now it’s not enough proof but he’s still there ), statutory declarations (including declarations from his family) , proof of living in the same address for over two years, we have NOT a joint bank account but he covers all my expenses (proved) … Is there any other proof I should consider?

    Which of the two option do you consider more adequate?, I really wouldn’t mind staying in Peru for longer but that means my son will be without me or dad and that breaks my heart

    I know it’s a lot of information, but this is killing because all was good until a few days ago got in to the BVE, that’s another story, but was told by immi that I have no restriction to re enter Australia in a different visa if I leave ( such as visitor )

    Thanks a lot

    Reply
    1. Peng Cheng Post author

      Hi Mir,
      You need to be in Australia at the time for a decision. You can try and get a visitor visa if you are outside of Australia, but the Department may not grant this visa to you because of your prior migration history.
      Please see contact us page in relation to our consultation service.
      PC

      Reply
  78. deep

    hi peng,

    im currently on 457 visa but have lodged application for partner 820 visa in april2015. I have got BVA but its not in effect yet. Would you mind to suggest me that how i can get in effect my partner visa, as 457 visa is very restricted visa, i cant work anywhere else, i cant do my own business while im on 457 visa. thanks

    Reply
    1. Peng Cheng Post author

      Hi Deep,
      Your bridging visa comes into effect when your current 457 visa expires. The 457 visa obligations no longer apply once this visa expires, or when the parent visa is granted.
      PC

      Reply
  79. deep

    hi peng
    thanks for your reply, my 457 visa will be expired in 2017 and currently partner visa process is 10 to 15 months. is there any other way i can come on partner visa, as 457 visa has 8107 condition which is stopping me to do my own business. also i want to do further study and 457 visa holders are not eligible for govt funded courses.
    please guide me right way to get my partner visa in effect.
    thanks

    Reply
    1. Peng Cheng Post author

      Hi Deep,
      You can ask the Department to cancel your 457 visa, but it may take them while to process this. You would be unlawfully in Australia after the visa is cancelled, and you would need to apply for a Bridging visa E. You can’t travel on a BVE and you may need to apply for work rights. Please see contact us page if you need relevant advice.
      You’ll need the contact the Department in relation to the lodged partner visa – I don’t think that they give priority processing but you can ask.
      PC

      Reply
  80. Karan

    Hi Peng,
    Just a quick question my partner and I have just uploaded our application for Prospective Marriage on immiaccount. I have noticed a lot of couples that apply for this sometimes the male is a lot older than they prospective wives. In our case I am 15 years older than my fiancé. Please could you inform me if this going to have a huge bearing on our case. I am Australian and he is Iranian. Thanks in advance for your reply.

    Karan

    Reply
    1. Peng Cheng Post author

      Hi Karan,
      How the Department processes your application really depends on the supporting evidence that you provide to demonstrate your relationship. The legal requirements that you need to satisfy are the same for all visa applicants, including in cases where there is such an age gap.
      PC

      Reply
  81. Riannen

    Hi there peng., recently lodged my husbands offshore 309/100 in India this month . Just waiting for my police clearance to come to India as my dad has to send it and my husband has recently lodged his police clearance at vfs global in Jalandhar and done his medical… My husband before we got married was obviously my boyfriend however we were living together at the time for a short time before he was detained by immigration as his visa cancelled because he didn’t renew his student visa when he was in Australia my main question is will this affect our 309/100? Also I had previously sponsored my x partner however it was never a successful application as he left Australia I just want to know will our visa be affected because my husband was deported and will there be any problems because I had previously lodged a application that was not successful. Also I’m australian

    Reply
    1. Peng Cheng Post author

      Hi Riannen,
      I don’t think that a prior deportation due to overstay affects a 309/100 visa application.
      Sorry but we would need to complete an assessment before we can answer your other queries – please see contact us page.
      PC

      Reply
      1. Riannen

        Hi again peng I’m sure I’ve read so we here that if I have sponsored any two people and the visa was successful then I wouldn’t be able too sponsor anyone else until 5 years later

        Reply
  82. Kailash

    Hi peng I overstayed my student visa and have recently applied for my 309/100 offshore visa to Australia I over stayed in Australia and was deported in July 2014 and just finished my 12 month re entry ban I was living with my wife we married in India I just want to know will being deported from Australia have any complications with approving my partner visa? It is now 2015 and my wife is australian

    Reply
    1. Peng Cheng Post author

      Hi Kailash,
      I don’t think that a prior deportation due to overstay affects a 309/100 visa application.
      PC

      Reply
  83. Riannen

    Hi again peng are you a specialized immigration agent or lawyer? And what do you know about MRT if our file was to be refused? Is there a time period after our visa is refused if it should be that we have a timeframe to lodge the MRT? Do you know much about it and I really appreciate your advice.. And praying to god our file is not getting refused and my husband can come to Australia easily with me

    Reply
    1. Peng Cheng Post author

      See: http://myaccessaustralia.com/australia-visa-refusal-cancellation-migration-review-tribunal/

      What is the time limit on applying for MRT review?

      It is important to note that there is a strict time limit by which you need to submit your MRT appeal application. The time limit will depend on the decision which is being challenged. However, the time limit within which you need to apply for MRT review is generally short.
      It is important that you carefully read the refusal or cancellation notice from the Department – this will tell you whether your refusal or cancellation is MRT reviewable, and the time by which you need to submit your application for review.
      The MRT cannot accept an application for review that is submitted outside of the allowed time frame. This is very strictly enforced and there are no exceptions.

      Reply
  84. Rebecca

    Hi penh, thanks for this page…very hepful. Not sure if you will be able to help with my enquiry but…my husband was divorced from Italy around 10 years ago. We are wanting to do partner visa and need a copy of the divorce certificate. Do you have any idea how we would go about getting this while we are both living in Australia? I have looked online but can’t find anything helpful. Thanks

    Reply
  85. Ni

    Hi there
    Your webpage is great however I could not find answer to my query. I want to ask about the processing time of the final stage of 100 partner visa. I am on 309 visa at the moment and live in Australia. My husband is a citizen of Australia. I have submitted the final stage documents and waiting for my PR status. Would you be able to tell me how long would that take?

    Thanks heaps
    Ni

    Reply
  86. Maria

    Hi Peng

    Thank you very much for your blog and all the valuable information in this site!

    I was granted my temporary residency two years ago through de facto and I can now apply for a PR.
    A couple of questions:
    Is there a timeframe in which I have to lodge the application? if there is and I don’t apply on time, will I loose my Medicare benefits?
    Can I travel overseas before applying?

    I’m concerned because I’m pregnant sand wouldn’t want to encounter surprises when coming back from visiting my family overseas.

    Thank you very much!

    Maria

    Reply
    1. Peng Cheng Post author

      Hi Maria,
      The Department’s correspondence will confirm when you need to lodge the application by. You can ask for an extension if you need more time.
      You’ll need to contact Medicare with that query.
      You can use your current visa to travel as long as it is valid.
      PC

      Reply
  87. Fazle

    Hi Peng,
    My partner and I have been living in a de facto relationship for over a year now. However I just came to find out that due to my 4 year stay in the usa i will need a police clearence from the us. I have 2 weeks to apply and I found out that the process takes 4 months. What should I do?

    Reply
  88. baloch

    hi peng,i applied offshore 309 from pakistan in december 22 last year medicals completed and biometrics after that my wife got pregnant and now she gave birth to a baby boy but still i didnt got my visa grant,does delivery makes the visa process faster

    Reply
    1. Peng Cheng Post author

      Hi Baloch,
      No this doesn’t affect processing.
      You can add your new born child to the application using Form 1436.
      PC

      Reply
  89. Basheer

    Hi im just wondering how long its going to take my application to be review for Partner visa i applied on 08/10/2014
    they just send me an automatic Email from the Immigration they said ( This is an automatically generated email. If you have already provided the documentation below or your Partner application has been finalised, please disregard this message.)
    and they said (We refer to your application for a Temporary Partner visa (subclass 820) and Permanent Partner visa (subclass 801), lodged on 08-Oct-2014.

    Your application has progressed in the queue and you will be contacted by the Department once processing of your application has commenced.

    If you have not yet provided the following documentation or information needed to assess your application, please do so now.

    Please note: If you have already provided any of the documents or information outlined in this email, you do not need to submit them again. We also do not acknowledge receipt of documents. If you wish to keep a record of the delivery of the documents you should use registered post.)

    what does that mean?
    and how long its going to take after this email to be have a case officer?

    Thank you

    Reply
    1. Peng Cheng Post author

      Hi Basheer,
      Processing time is around 8-12 months. Your case officer will let you know if you need to provide anything else.
      PC

      Reply
      1. Basheer

        Thank You Peng Cheng, but I don’t have any case officer tell now I’m just wondering when they going to assign one for me ?

        Thank You again

        Reply
  90. Sindy Tjoe

    Hi Peng,

    I lodged my 820 visa application 2 years ago. Last week I got email from DIAC saying that my application for Pr will be considered and i need to provide more information.

    I am currently holding tenporary visa amd living in Australia.

    Im just wondering is there any time limit to complete the request? Since I am really busy now.

    Many thanks

    Reply
    1. Peng Cheng Post author

      Hi Sindy,
      The Department’s correspondence should specify when you need to respond by. You can ask for an extension if you need time.
      PC

      Reply
  91. Sunny

    Hi.. I applied for extend my student visa but got refused bcus of my fund and they put pic 4020 bar(3 year ban )on me. I file my case in MRT. 6 months before I got married. my wife is Australian and now I want to lodge my partner visa. My question is that does 4020 bar gonna effect my partner visa.

    Reply
    1. Peng Cheng Post author

      Hi Sunny,
      Yes this will affect your partner visa.
      It is possible to apply to an exemption to PIC 4020 if you can demonstrate compelling and compassionate circumstances affecting the interests of an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The decision to waive PIC 4020 based on what you argue is within the discretion of the case officer assessing the application and will depend on the particular circumstances of each case.
      Please see contact us page and information in relation to our consultation service.
      PC

      Reply
  92. Daisy

    Hi, first of all thank you very much for sharing! Its very helpful!!
    My name is Daisy from Hong. I have lodged the application online and have completed the payment on 1st September 2015. After we have submitted the application I am requested to upload all the supporting documents and evidence online and I find it complicated. I think all the evidence we have are very limited and I need more time. Do you know when is the deadline to upload all the docs and evidence to the online system after I lodged the application?

    Reply
    1. Peng Cheng Post author

      Hi Daisy,
      There is no deadline – when your case officer assesses your application and documents, they will let you know if you need to provide further documents.
      PC

      Reply
  93. Richard

    Hi. Applying for the onshore 820 visa. Can’t lodge it til may when we have lived together for 12 months. If she left the country between now and then for fly in fly out work for 3 months would we still be able to apply in may

    Reply
    1. Peng Cheng Post author

      Hi Richard,
      Sorry but we would need to complete an assessment before we can advise in relation to your visa options – please see contact us page and information in relation to our consultation service.
      PC

      Reply
  94. Avril

    Hello there Peng ,

    Just a question – my partner and I have gathered all our info for our partner visa . We were originally going to send it via post but after reading many reviews most people say it’s best to do online . We looked at the online applicaton and found it varied in some ways to how we have gathered our info . What do you suggest ? Is it still okay to send via post – we are temporarily in Darwin but will be returning to our permanent address this November .

    Thanks

    Avril

    Reply
    1. Peng Cheng Post author

      Hi Avril,
      The requirements that you need to satisfy are the same irrespective of whether you lodge online or by post. Processing time should be similar too so it is really up to you to decide the lodgement process you prefer.
      PC

      Reply
  95. Avril

    Hi Peng,

    Thanks for your reply. One other question I had was- we are currently located in darwin but will be returning to our permanent address in Perth in November of this year- so all of our residential address info is this address- is this okay? We will also be away for approximately 5 weeks in indonesia in two weeks time, Do you know if they do contact us is it usually via email? Sorry- one last question I also noticed you mentioned to include certified copies of everything- does this mean that we need to get stat decs (888 form) that were written by friends and family- copied and certified again?

    Thankyou very much for your help.

    Avril

    Reply
    1. Peng Cheng Post author

      See Form 929 to inform the Department of temporary and permanent changes of address.
      Department can contact you by a number of methods, not just email.
      You can send the original Form 888, or a certified copy.

      Reply
  96. Vinnie

    Hello,
    me and my defacto partner , we just got our RSMS a month ago .. But do to some reasons we have decided to sepatare from each other. Does that affect our visa as well. I’m the main applicant

    Reply
  97. Lisa

    Hi peng, am just wondering about a spouse visa that has Been refused due to co not satisfied with the evidence. I have got a lot of prove to take to the tribunal. My quiets ion is , is the mrt going to ask why I did not submit this old evidence? I have realized that there was a lot of small little evidences that I missed out previously .The relationship is over and I hv a dvo in place ? thank you

    Reply
    1. Peng Cheng Post author

      Hi Lisa,
      You can submit new evidence to the tribunal, including evidence that you did not submit to the Department.
      PC

      Reply
  98. Lisa

    Thank you peng. I have about 15 declarations to also submit to Mrt from people who knew our circumstances before the marriage broke down. I saw in your website that ” don’t flood out Dima with too many declarations. Is 15 too many? Thank you

    Reply
  99. Keenan

    Peng,
    Wow, I wish I’d found your website a year ago, ha. I’ve recently received an email requesting additional information for my Partner Visa (I’m an American, currently in Australia on my bridging visa after one year, and my partner is Australian). I have 28 days to gather the additional info (the deadline is Oct. 15).
    The *day* I got the email, I sent off my fingerprints for my FBI Police Check. I replied to immigration requEating more time for the police check, and they say they will grant it to me only if I can provide evidence that I have applied for them (a receipt, a confirmation email, etc.). Will the FBI provide this info, and -if not – who can I contact to get it?
    Thank you so much for your help. I really don’t want to be denied my visa because I was late applying for my FBI clearance.

    Reply
    1. Peng Cheng Post author

      Hi Keenan,
      Sorry I’m not sure as this isn’t a migration law issue – I suggest that you ask the US government authorities.
      PC

      Reply
  100. Keenan

    Hi Peng
    Sorry to post twice, but, I also wanted to relay my personal situation: I have been living on a domestic basis with my girlfriend 12 months before we applied for the de facto visa. We had been a long-distance relationship previously, and we’re ready to finally live together as a couple.
    Due to my using quite a bit of my savings to fly to Australia, as well as the difficulty in finding employment on my then-Working Holiday visa, my girlfriend supported me financially, with rent/groceries/etc. It was only after I applied for the Partner Visa that I was financially strong enough to pay my share of the rent/bills each month.
    The other additional info Immigration requested was further proof of us living together on a domestic basis, 12 months prior. I have provided mail addressed to both of us (we’ve lived in three different addresses since I’ve been here), as well as bank statements with the same addresses. Under the Family Law Act, de facto relationships can be classified by a “degree of financial dependence or interdependence”. I do not have any evidence of joint ownership of property/etc, v I have evidence of my temporary financial dependence on my partner. Is this sufficient?
    Also, I have – *after* the date of my application – proof that we are both on the lease for the house we have most recently been living in. I have proof of a shared bond and deposits for the rental, and two, year-long, signed leases with mine and my partner’s names. Even though this all took place after my initial application, can I know submit it as proof that my dependence was only temporary?
    Thank you again. I’ve been stressing about this for weeks.

    Reply
    1. Peng Cheng Post author

      Hi Keenan,
      Sorry but we would need to complete an assessment before we can answer such queries – please see contact us page and information in relation to our consultation service.
      PC

      Reply
  101. Lindi

    Hi there,

    This site is super helpful.

    I have been looking everywhere for an answer to this but no luck.

    Are you able to tell me how recent the marriage certificate we include in our Partner Visa application needs to be? Ours was issued over a year ago. Is it still okay to include or should we get a newer one issued by the BDM?

    Thanks so much : )

    Reply
  102. Basheer

    Hi
    i been waiting for 12 months without case officer and no one even contacted me from the Department of the immigration im just wondering how much longer it will take more ?

    Thank you

    Reply
    1. Peng Cheng Post author

      Processing time is around 6-12 months. You can follow-up with the Department if you want to check the status of your application.

      Reply
  103. Dom

    Hi Peng,

    I have applied online for partner 309 offshore, i recieved the letter of acknowledgement from the immigration on 12th of August (all documents complete, except for medical and police check). I haven’t been assigned a case officer yet but it’s basically a waiting game for me. As you well know from experience, applicants are forced to spend quite a long time away from their partners until a decision is made. And it is very hard for us as a couple being apart for so long.
    Before i started my application for partner 309, i have already overstayed my tourist visa for a few years but i surrendered to the immigration prior to my application. My question is, am i allowed to get a tourist visa or visitors visa while i wait for my 309? Did i get a re-entry ban and will it be waived by my current application?

    Thanks!

    Reply
    1. Peng Cheng Post author

      Hi Dom,
      A 3 year ban may apply – you can check with the Department to see if this applies.
      Sorry but we would need to complete an assessment before we can advise in relation to your visa options – please see contact us page and information in relation to our consultation service.
      PC

      Reply
  104. bobby

    hi,

    I really hope you can clarify something the immigration help line has given me varying answers on. I have loved in uk with my partner for 7 years. I’ve just returned to Australia and got full time work, my partner was to come on a tourist visa and then apply for a partner visa – we don’t qualify for marriage here. today immigration has told me there is no option for same sex couple to apply on shore and a tourist visa (although it is a substantative visa) can’t be used to arrive and them apply for a partner visa. I hope you can help we really don’t want to be seperated any longer.

    Reply
  105. Jenny

    Hi I have a confusing questions T.T

    Me(Korean) and my husband(Australian) applied for partner visa on the basis of defacto relationship (but with marriage certificate) in 2012.
    It was smoothly lodged, and after, we applied for PR on Jan, 2015.
    They have told me it would not take over 6 – 8 months to lodge the PR but it has been 9 months and there is no reply yet.
    They did call us before to check whether we are still in genuine relationship but the case officer seemed not quite sure over the phone cause we moved at the beginning of this year and we were incredibly busy so we forgot to notify them with our new address.
    We live in share apartment so we could not upload our name on the lease (a person who directly rented the unit did not want the names on the lease to be changed for some reasons)
    But we did manage to get bills on our names
    they did not ask us to appear for the interview, inspection or anything after that call

    Is this delay really bad sign ? or should we just need to wait for a little more …?

    some people mentioned since I am studying, working and paying tax, they would not cancel our case without a reason
    is it true ?
    I have a life long plan in Australia with my husband and I am so worried whether they are gonna kick me out or what T.T

    It we are in real relationship and they reject our case, can we also kinda sue them ???

    Reply
    1. Peng Cheng Post author

      Hi Jenny,
      You can appeal to the Administrative appeal tribunal if the application is refused.
      Processing time doesn’t really indicate what the outcome is going to be.
      Please see information in relation to our consultation service if you need further advice.
      PC

      Reply
  106. mick

    Hi Peng.
    After 2 years of lodging my partner application in immigration and still on bridging visa ,3 days ago they asked me about some evidence to our continuous relationship .
    Is,that means good signal and what do u think they are going to grant me now ,temporary or permanent ,and if they are planning to grant me any of those visas ,will,it take long after I give them evidences and everything .
    What u advise me About my situation.
    Thank u in advance .

    Reply
    1. Peng Cheng Post author

      Hi Mick,
      You need to satisfy the following at the time that you lodged the visa application if you are looking for the Department to grant a permanent residency visa: Long–term partner – A married relationship or de facto relationship that has continued relationship for 3 years or more, or 2 years or more if there is a dependent child of the relationship.
      I don’t think that receiving a Department request indicates what the outcome is going to be.
      PC

      Reply
  107. Amrita

    Hi Peng
    I am on bridging visa E , after volunteer cancellation of my student visa. I have lodged my parter visa onshore 820 on 31 Dec 2014. Since I have no travel condition on my Visa E , I have some important things back home which were uncertain. I really want to get back for those reasons. I have not heard anything from immigration since I filed my application. Can you please suggest how much time they usually take or there is any way out of travelling for short period of time
    Regards
    Amrita

    Reply
    1. Peng Cheng Post author

      Hi Amrita,
      Processing time is around 8-12 months or longer.
      Sorry you can’t travel as a BVE holder as the BVE will cease when you leave. You can leave but then you’ll need to obtain another visa if you want to return.
      PC

      Reply
    2. Basheer

      hi same here im on Bridging Visa E i applied on 08/10/14 and untill now no response or anything from them even i don’t have a case officer been 13 months nothing come yet just wait and count the days that’s all but f u go to the department website you can see processing time is 12-15 moths 🙁 and i do have child old 1 year and 3 months.

      im just wondering how long more it’s going to take more to a sign case officer

      Reply
      1. Peng Cheng Post author

        Hi Basheer,
        Sorry we can’t predict processing times. Suggest that you contact the Department if you have concerns about your application.
        PC

        Reply
  108. Steve

    Quick question for you helpful folks out there..

    As the sponsor (Australian citizen) trying to get my partner (the applicant) a partner visa, is there any value in me also completing a Form 80 ‘Character Assessment’?

    If there’s any value, I will.. But, given it’s length, don’t want to waste my time if they’re not going to even look at it since I am the sponsor (Australian citizen). Thoughts?

    Cheers!

    Reply
    1. Peng Cheng Post author

      Sponsor doesn’t need to complete form 80 unless there is a dependent child under 18 included in the visa application.

      Reply
  109. Mohammed Nasef

    Hi Peng,

    I have just lodged my 189 visa application for me and my fiancee .I have known her for a year and we got engaged last month , official marriage will only take place on March next year so I can not provide the marriage certificate until then.We don’t live together due to religious reasons and we don’t have joint bank accounts.
    We do have engagement ceremony photos ,social media chats and we can get official letters from both our families verifying our relationship .Will it be enough for her to get the PR ?

    Regards,
    M Nasef

    Reply
    1. Peng Cheng Post author

      Hi M Nasef,
      Sorry but we would need to complete an assessment before we can advise on this matter – please see contact us page and information in relation to our consultation service.
      PC

      Reply
  110. Brooke

    Hi there,
    I have been in a same sex relationship with my partner and I moved to Istanbul to live with her and I have to come back to Australia in February. The relationship willl be 10 months old in February and I am curious if we can apply de-facto visa before I am back to Australia? We have the same bank account for last six months and 10 months old rental contract, pics. etc.) Should we apply from Istanbul or wait for a few more months and apply from Australia (she can come over for a holiday to Australia and we can register our relationship from there too)
    Could you please give an advice/help about it.
    Thank you.

    Reply
    1. Peng Cheng Post author

      Hi Brooke,
      Sorry but we would need to complete an assessment before we can determine if she can apply – please see contact us page and information in relation to our consultation service.
      PC

      Reply
  111. Asha

    Hi, I’m an fijian, my pattern applied my partner visa on Australia , through mail to Sydney office , last year in October , havnt heard from the immgration uptil now , nothing at all

    Reply
    1. Peng Cheng Post author

      Hi Asha,
      Processing time is around 8-12 months or more.
      You can follow-up with DIBP if you want specific information in relation to the processing of your application.
      PC

      Reply
    2. Basheer

      Hi Asha its the same an here i applied on October 14 last year till now nothing happened i called the DIBP and they said processing time is between 13-15 months still waiting good luck for you.

      Reply
  112. mick

    Hi Peng
    I’m on my 25th months after lodging my 820/801 visa ,2 weeks ago DIBP asked me for more evidences ,so I send them different occasions photos together and electricity bills and net bills and proove of same address and joint accounts and bank statements showing same address and many letters coming to the Same address ,health insurance and car rego and insurance of our cars ,then after one week of sending those evidences ,DIBP asked me to do medical test asap within 5 days and asked me about police check from my original country .everything is sent on time and I’m on wait now.
    My question is : Am I on the final step of granting me PR or temporary at least or what they asked about doesn’t mean something coming soon .
    Plz I want to know after 25 months waiting ,how long will it take more in ky situation to be grant any visa ?
    Thank you Peng

    Reply
    1. Peng Cheng Post author

      Hi Mick,
      You need to satisfy one of the following at the time that you lodged the visa application in order for DIBP to grant a PR visa straight away:

      • A relationship of at least 3 years; or
      • A relationship of at least 2 years, with a dependent child.

      There is no set timeframe for DIBP to make a decision – I think that this is reflected with the processing time for your application.
      PC

      Reply
  113. ghiwa

    hi
    i have been engaged for 3 years and married for 1 year. but we are no living together when we want to apply they said my husband will get the 309 visa
    my question is the permanent visa is calculated from the day we lodge the original application?
    we dont want to wait for 2 years to get the pr

    Reply
  114. Kat

    Hi Peng,
    I hope you can help me with this because no agent was really able to answer my questions so far. I have been with my partner since the end of January 15 and we started living together in his apartment in February 15. In May I changed from a working holiday visa to a student visa. We registered our relationship in July in Qld. We moved in a new apartment in August.

    My course is going to be finished on the 18th December and I have 28 days to leave the country. We got all the documents ready to lodge an onshore partner visa.

    1. By when does my application have to be lodged? Before my course finishes or during the 28 days?

    2. I got told that our chances of getting the partner visa granted are not great because by the time we lodge the application we haven’t been together for 12 months. The registration of the relationship wouldn’t really help because they don’t really recognise it. Is that true?

    Reply
    1. Peng Cheng Post author

      Hi Kat,
      1. You should lodge before your current visa expires.
      2. Registering your relationship waives the requirement of needing to have a 12 month de-facto relationship at the time of lodgement. Sorry but we would need to complete an assessment before we can advise in relation to your visa options – please see contact us page.
      PC

      Reply
  115. Adrianna

    Hi,

    My partner had his partner 800 visa refused and had to go back to India and apply for the offshore 309/100 visa.
    The partner 800 visa was refused because he overstayed his previous student visa and he did not have a substantial reason not to go back and apply. Our relation is genuine and continuing and the only reason it was refused was the overstaying. He is now back in India and applied soon as he was out of Australia. He has just received his original police check in the mail after about a month of sending it. Because they have “sighted” the original does that mean they should be processing the application now or not necessarily?
    Also we asked for it to be decision ready because it has all the documents and asked if it could be processed as soon as possible. Just wondering how long the process should be?
    Thankyou
    Adrianna

    Reply
      1. Adrianna Grewal

        Hi Peng Cheng

        Are we able to contact a case officer or call up the High Commission of Australia and ask how if our file has even been looked at yet?

        We lodged the application online through our lawyer. It has now been 197 days.

        Thank you
        AG

        Reply
          1. Adrianna Grewal

            Hi Peng Cheng

            I am not the applicant, I am the applicants wife.

            Can we speak to the case officer and how do we find out who the case officer is?

  116. Coline Bossard

    Hello,

    I applied for a Partner Visa (subclass 309, 820) one week ago. I’m wondering how long will I have to wait for the decision to be made by the Australian Government ? Can’t find the information on the website.
    Thank you so much for your time,

    Coline Bossard

    Reply
  117. Samantha

    Hi there. Awesome blog. Just wondering about online application and originals/certified copies. Cannot upload original police clearance or medical so how would you go about that?
    Also i read that you don’t need stuff certified if you apply online, is this true? If we do have to do you literally photocopy get it signed and then scan back in?

    Thank you! Xxx

    Reply
    1. Peng Cheng Post author

      Hi Samantha,
      You can upload your police clearances as scans after lodgement.
      We usually just upload clear scanned copies for all supporting documents. You can provide certified copies if the case officer asks for this later.
      PC

      Reply
  118. madel

    hi,
    I recently got married to my Australian partner, we have been living together for almost 2 years. we plan to lodge our application 1st week of December here in Australia. my question, is there a way I can include my dependent son in my application even if he is not in Australia? If not, can he come to Australia on a tourist visa and then we can then lodge our application? And is it true that partner visa will increase on the 1st of January 2016. Appreciate your help.
    Thank you

    Reply
    1. Peng Cheng Post author

      Hi Madel,
      Dependent applicants need to be in Australia to be included in a spouse visa application as a dependent.
      You son can apply for a visitor can be included in your application if his visitor visa doesn’t have a ‘no further stay’ condition attached to it.
      pc

      Reply
      1. madel

        Hi,
        Thank you for the quick response. I have a follow up question, with regards to my sponsor which is my husband, he sponsored another woman back in 2012- Prospective Marriage was approved but half way to that 9 month visa the relation broke down, she finished her time in Australia and went back home. My husband still has until Oct 2017 for the five year wait. I’m currently in a multiple entry tourist visa, were living together for a total of 16 months, can we lodge a spousal visa now even if my husband still under the five year wait? Your response is greatly appreciated. MADEL

        Reply
        1. Peng Cheng Post author

          Hi Madel,
          Extract from Department’s website:

          Your sponsorship might not be approved if you:

          were sponsored for a Partner or Prospective Marriage visa within the past five years
          have successfully sponsored two people for migration to Australia on a Partner or Prospective Marriage visa
          have successfully sponsored another person for migration to Australia on a Partner or Prospective Marriage visa within the past five years.
          Your sponsorship could still be approved in compelling circumstances, such as:
          your previous partner has died or abandoned the relationship, leaving you with young children
          your relationship with your current partner has been longer than two years
          you and your partner have dependent children from your relationship.

          Sorry but we would need to engaged for our consultation service before we can provide advice on such a matter – please see contact us page and information in relation to our consultation service.
          PC

          Reply
  119. Jack Miller

    Hi

    I am currently on Temporary Resident Visa and now my wife is not willing to lodge my permanent resident visa. She is using our fights for all this reason and now demanding me money . Is there any grounds that i can still lodge my permanent visa?
    Thanks You
    Jack

    Reply
  120. Syara

    Hi ,

    Married Dec’14 , lodged March ’15. After 8 silent months of lodging the 309 spouse visa , I have received an email yesterday from Aus high commission requesting police checks and medicals. I should be glad, but the mail doesn’t look like it’s from a case officer as such, I don’t think I’ve been assigned one yet! Still, I am working on completing whatever they have asked of me. Please assist me with these queries:
    1. Considering their limited validity, Is it advisable to do police checks and medicals before I am assigned a CO? Should I wait or provide what I’ve been asked at my earliest?

    2. Email says something along the lines of- failure to stick to “above” time frame can lead to a decision being made without the documents requested. BUT….There is no time frame what so ever mentioned in the letter. Got me confused. Please advise.
    3. Some say being asked for medicals and police checks is a good sign of processing nearing it’s final stages , is that true at all?

    Scrolled through the comments and appreciate you helping out all in need steadily through the years!
    Thanks.

    Reply
    1. Peng Cheng Post author

      Hi Syara,
      1. A case officer should be assigned if you have received a request for further documents and information. You should complete DIBP’s request.
      2. There should be a timeframe specified. You should contact DIBP if their correspondence doesn’t specify a timeframe.
      3. Your case officer needs to check to ensure that you satisfy all the relevant legal requirements.
      PC

      Reply
  121. Liz

    Hi,
    my husband is on visa 457, we have apply for his spouse visa in august 2015, we did receive a bridging visa A which is not in effect because he is still on visa 457. He wanted to leave this job for a while and thats why we apply on spouse visa but apparently he can’t cancel his visa 457 otherwise he will be on visa E. Is there another option for him to be able to leave this job and able to work still on another visa while waiting for his answer. We have a baby and a mortgage its hard on me if he goes on visa E where he will be unable to work.

    Thank you

    Reply
    1. Peng Cheng Post author

      Hi Liz,
      He may be able to apply for work rights as BVE holder.
      Yes cancellation of his 457 visa does also result in the cancellation of his BVA.
      Sorry but we would need to complete an assessment before we can advise in relation to your visa options – please see contact us page and information in relation to our consultation service.
      PC

      Reply
  122. laura

    Hi There,

    I am currently in the process of applying for a Defacto visa. On form 47SP Q72, it asks if ” you, or any other person included in this application, ever: …been convicted of any offence in any country”. I have no criminal record but my partner (who is sponsoring me) does. He was convicted of an offence in 2014 and was fined > do I have to include details of his conviction?

    Thanks so much for your help
    Laura

    Reply
    1. Peng Cheng Post author

      Hi Laura,
      He would need to disclose all criminal convictions as per the questions in the application form.
      PC

      Reply
  123. ghiwa

    hi
    We are applying for the visa 309. My spouse will have the temporary visa 309.
    Does he need to stay in Australia for one year to get the permanent visa? Or the permanent visa will be calculated from the day we lodge the 309 application?
    We don’t want to wait 2 years to get the permanent visa.
    Please I need help

    Reply
    1. Peng Cheng Post author

      Hi Ghiwa,
      You generally need to wait 2 years from the date that you lodge the temporary visa application before you can lodge the permanent residency application, assuming that the temporary visa is granted.
      PC

      Reply
  124. Muna Ali

    Hi,

    I applied for the 820/801 about 10 months ago and I have a police clearance for me and my husband from Dubai, UAE . No one has gotten in contact with us yet and I am afraid of the certificates expiring before a case officer gets in contact. Is there any way I can send them these certificates as I read online that they require the original documents?

    Reply
    1. Peng Cheng Post author

      Hi Muna,
      You can send these clearances to the same office where you lodged the partner visa application.
      PC

      Reply
  125. Osei

    Hello Peng

    I got married to my wife March 2015 and I applied for my subclass 309/100 in June 2015. I was in touch with my wife online with my wife for 2 years before seeing her in person. We got married 3weeks after I meet her in person. My wife spent 45 days with me before going back to Australia. My wife left Me pregnant. Now we have a son who was born on 2 December 2015. I submitted my application about 7moths ago now I uploaded my health check and police certificate. And I have informed the department about our son.

    Now my problem is my wife and I doesn’t have strong evidence of living together.

    What could be the dicession of the case officer. I have previously been refused tourist visas, which intention was to visa my wife and withness my son birth.

    Reply
    1. Peng Cheng Post author

      Hi Osei,
      Sorry but we would need to complete an assessment before we can advise in relation to your partner’s visa application – please see Contact Us above information in relation to our consultation service.
      PC

      Reply
  126. Alexander

    Hi,
    I’ve actually very surprised with application of IMMI criteria.
    Firstly Regulation 1994 specifies another criteria. To be a spouse is not a condition of them, but only option. Partner is not spouse.
    Next, that is actually eligibility criteria – Primary at the moment of application. If IMMI took my wife application and fee that is mean she met criteria, she is approved partner and spouse. I think that is not correct to refuse her migrate after 15 months of consideration referring to the criteria at the moment of application.
    Next, IMMI criteria is not actual criteria, but just “matters for consideration by the Minister”, so they are obligation of the Minister, but not us. They are not approved by scientific Institution like NMI.
    Any part of them could not be criteria simply because they are not compulsory that stated in the booklet.
    What do you think about that?

    Reply
  127. Krish

    Hi

    I applied for my partner visa on 30th sep 2014. Finally I received an email from my case officer for asking more documents to check whether our relationship is genuine and ongoing. I have already attached personal statements and friend’s statements before so do I have to do it again? and also we do have joint accounts but when it comes to spending we do it from personal accounts. Is it alright to attach the personal account transactions as we as joints? I spent for the household things and my husband pays our rent and bills.

    Reply
    1. Peng Cheng Post author

      Hi Krish,
      Sorry but we would need to complete an assessment before we can advise in relation to what you need to send in response to the Department’s request – please see Contact Us above information in relation to our consultation service.
      PC

      Reply
  128. Alexander

    My question is:
    Why the Migration Department use his own criteria that are actually “matters for consideration” for visa 309 if the Regulation 1994 formulate another criteria?
    Satisfaction of the Minister is requirement for visa 100, not for 309.
    For visa 309 status of an applicant determines at the moment of application. If the Department took and proceeded the application that mean confirmation of status “partner” for applicant and status “spouse” for sponsor.
    In my case the Department issued refusal notice after 14 months of the time of application referring to the criteria at the time of application.
    I think that is not consistent with law.
    What’s your opinion?
    Thanks.

    Reply
    1. Peng Cheng Post author

      Please have a look at the relevant legislation which specifies a number of ‘time of application’ requirements that you need to satisfy.
      PC

      Reply
  129. Alexander

    Hi, Cheng

    I did not understand your answer. Can you please explain legal meaning of ‘time of application’.
    I just see that ‘to be a spouse’ is not a condition of visa 309. There is enough of intention to marry.
    Regards.

    Reply
  130. Supesuperr

    Nice post Good evenining.I wanr to ask that for appkyong australian citizenship your AFP could be 2 konth ild or iss must ji t to be uptodat

    Reply
  131. Chris

    Good afternoon,

    I would just like to ask whether one always has to send additional documents after getting the temporary visa in order to get the permanent visa. I read through the brochure and both me and my partner were quite upset to find that it seems as though we have to apply all over again. Is this normally the case or does it get granted more or less automatically 2 years later?

    Reply
    1. Peng Cheng Post author

      Hi Chris,
      You need to demonstrate your continuing and genuine relationship with updated evidence to get the permanent residency visa.
      PC

      Reply
  132. Kris

    I have previously sponsored a partner to Australia but that application was refused and partner never arrived to Australia. We have since divorced.

    Does the 5 year gap still apply in my case if I was to sponsor another partner?

    Reply
    1. Peng Cheng Post author

      The 5 year bar on sponsorship would only apply if the prior sponsored partner visa was approved:

      Your sponsorship might not be approved if you:

      were sponsored for a Partner or Prospective Marriage visa within the past five years
      have successfully sponsored two people for migration to Australia on a Partner or Prospective Marriage visa
      have successfully sponsored another person for migration to Australia on a Partner or Prospective Marriage visa within the past five years.

      Reply
  133. Kris

    I am an Australian citizen and currently living in in her home country whilst we are waiting for the outcome of my wife’s visa application. My wife is currently 6 months pregnant with our first child. More than likely, our child will be born outside Australia. I understand the child will be eligible for Australian citizenship by descent.

    What is the process and will the child require an Australian passport or can he/she travel to Australia with a local passport?

    I hope I can be guided with the right detailed instructions so that we are well prepared.

    Reply
  134. Maria

    Hi, your website is very helpful.

    I’m currently on BVA and applied for 820 in February 2015. I’m wondering if my partner and I decide to marry before my temporary visa comes out, do I have to now apply for the marriage visa or can I still continue to wait for the defacto?

    Reply
    1. Peng Cheng Post author

      Hi Maria,
      You can inform the Department of this change, submit your marriage certificate and continue with your current application.
      PC

      Reply
  135. Katerina

    Hi there,
    Just read your posts very helpful.here my story. Applied for my husbads visa oct 2014, offshore 309 100 threw berlin. Inerview done police check updated and medicals Husband back in greece as for his 3 month tourist visa was expiring .Just before christmas got email from co saying they are close to finalizing application. Co said she would get back to us after christmas with news but never did Question: Do you have some idea how long we have to wait?
    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Katerina,
      We are also experiencing longer than normal processing time with partner visas. Sorry but you’d need to contact your CO for this information.
      PC

      Reply
  136. Frank

    Dear Peng,

    I, Dutch citizen, have been living in the Netherlands with my wife and young children (3 and 9) for the past 15 years. My wife and children are Australian citizens. They will move to Australia in July 2016. Obviously I would like to move too, so I intend to apply for a Partner Visa. Would you advise me to apply for a 309 or an 820? I am currently holding an e-visitor visa which is valid until October 2016 (and I’m pretty sure I will get another one after that). It allows multiple entries, for up to 3 months per visit, and does not have a No Further Stay limitation. Obviously, as long as I do not have the 309 or 820 visa, I will use the e-visitor visa for being with my family in Australia as much as possible. Also being able to travel back to the Netherlands once in a while is important, as I have relatives and work here. Also, I would like to be able to apply for a job in Australia as soon as possible.

    Thanks in advance. You are running a fantastic website!

    Frank

    Reply
    1. Peng Cheng Post author

      Hi Frank,
      You may want to consider lodging an onshore 820 visa if you want to eventually get a bridging visa that gives you work rights.
      Sorry but we would need to complete an assessment before we can advise in relation to your visa options – please see Contact Us above information in relation to our consultation service.
      PC

      Reply
  137. tony

    Hi Peng,

    Please advise, I did not photocopy the particular page containing corrected question while presenting the 309 application to Australia Immigration.Now i am not sure if i sent the corrected answer or not. Plus the same question is in both 40sp and 47sp. It has been 6 months for my application and my CO has not raised any issues or asked for any additional documents. Can i fill out the 1023 form for both 40sp & 47sp or Leave it since my CO hasn’t raised any issues which means i might have given the corrected answer??? what do you thinK???

    Reply
  138. Dimuthu

    Hi
    I am going to apply 300 PMV end of this month offshore. My question is, is there any place to mention “Decision ready”? I am planning to visit my Finace’ while my visa is processing.

    Reply
    1. Peng Cheng Post author

      Hi Dimuthu,
      I don’t think that the Department has ‘decision ready’ processing anymore. You can include a cover letter and indicate in this letter that you think that the application is ‘decision ready’.
      PC

      Reply
  139. Josh

    Hi Peng,
    Thanks for taking time out of your day to provide advice.
    I got engaged to my fiancé early this month (Jan 2016) and we intent on getting married in Jan 2017.
    A migration agent mentioned that we could apply for the 309 straight away and mention on the application that we would get married by the time the application is processed since we are scheduled to get married in Jan 2017.
    Is this a possibility or am I being mislead?
    Cheers,
    Josh

    Reply
    1. Peng Cheng Post author

      Hi Josh,
      You would need to satisfy the requirements for a de-facto relationship if you are not married.
      Please see Contact Us above information in relation to our consultation service if you need advice in relation to your visa options.
      PC

      Reply
  140. Vishal Patel

    Hello Peng,
    Thanks for taking time out of your day to provide advice.

    I am Australian Citizen, and I have applied partner visa for my wife in last May 2015. I have attached all documents online in ImmiAccount, and now waiting for case officer to open my file.

    Recently I have checked online status, and it shows the same status ” application received”.

    I just want to know how long it takes to open my visa application in process?

    Can anyone please tell me which month’s visa applications are being processed right now?

    Reply
  141. Senem

    Hello there!
    I will apply for de facto visa next March and my visa will expire Feb 2017.
    I am wondering that is there any change to have a case officer before my current visa expires? Or will more likely to wait till my current visa expires?

    Thanks!

    Reply
    1. Peng Cheng Post author

      Hi Senem,
      Department’s website is indicating that current processing time is around 4-8 months.
      PC

      Reply
      1. joy

        Hi Peng!
        just want to ask you to know if im doing my application correctly. Im applying for partner visa de facto and planned to lodge it on the day my visa will expire which is april 18, 2016 and it will be exactly my 12 month stay here in Australia. Is it okay? coz im thinking I will receiving a bridging visa A right away for me to stay lawfully.
        And told my Australian partner about this and he said we can lodge on 17th a day before it expires as they might be problem lodging it on the 18th, could be the system is down and I can’t lodge it on the 18th.. Which do you think is the right way to do? please help.

        thanks in advance! cheers 🙂

        Reply
        1. Peng Cheng Post author

          Hi Joy,
          It may be a good idea to lodge before the day of your visa expiry in case you have issues with lodging.
          I would need to complete an assessment before I can determine if you satisfy the requirements that you need to satisfy at the time that you apply. Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
          PC

          Reply
          1. joy

            thanks peng for your reply. Just additional question, but if I I lodge it before it expire, I will not complete the 12 months requirement for de facto then? im allowed to stay until april 18 which is exactly my 12 month stay here in OZ. Please enlighten me on this. thank you 🙂

          2. Peng Cheng Post author

            There are certain requirements that you need to satisfy at the time that you lodge the visa application.
            Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
            PC

  142. Richard

    Hi Peng Cheng,

    Regarding form 40sp, financial undertakings. If the sponsor is not employed at the moment while applying for a partner visa for his spouse, could bank statements with funds & last tax assessment to proof income earned be provided as financial undertaking for the partner visa application?

    Thank You
    Richard

    Reply
  143. Maya

    Hi Peng, Im currently applying for 802 visa on shore, I had lodge my application online and received a noticed that the application is received and got my bridging visa granted. But I’m a little bit confused about the health requirements since haven’t receive any reference letter or HAP ID to book an medical check up like on other visa application. How this usually be done?

    Reply
  144. aka

    hello peng read your website very helpful to all of us thanks.
    i want to ask a aquestion about spouse visa . how long it takes generally i already applied 9 months ago and wife is in australia on tourist/ visitor visa as she has to wait in home country so she is here with me in aus for 6 months now is it good idea to renew tourist or visitor visa again to make her stay with me? does it make delay in her dependat spouse p.r. visa application because she is in australia with me on visitor need help .i called diac they suggested that home country high commision may delay your original file due to her stay in aus on visitor visa so what we can do ? either send wife home and wait another couple of months or extend her visiotr visa again whats solution of this ? thanks.

    Reply
    1. Peng Cheng Post author

      Hi Aka,
      Department’s processing time is around 12-16 months.
      does it make delay in her dependat spouse p.r. visa application because she is in australia with me on visitor need help – I haven’t heard anything about the Department delaying the processing for an offshore application because the applicant is in Australia. Applicant does need to be outside of Australia when the Department is ready to make a decision. The Department will generally contact the applicant if the case officer is ready to make a decision and the applicant is in Australia.
      PC

      Reply
  145. Sonie

    Hi Peng,

    I applied my 309 visa application online in Dec 2014, Interviewed July 2015, since then til now I havent heard anything from the Department. It has been 14 months now and I am currently pregnant for 2 months. We have been together since 2012 but registered in 2013 and applied in 2014. We would like to give birth in Australia , therefore, we wondering why my visa application is taking so long?? Will my pregnancy delay my application process even though we already inform the Department that I am willing to take chest xray whlist pregnant ?? Is there anything can I do to speed up the application process since it been way too long.

    Reply
    1. Peng Cheng Post author

      Hi Sonie,
      Partner visa processing does seem to be slow at the moment – sorry don’t have information about the Department’s internal processes or causes of delays.
      Generally speaking, the Department will wait until you give birth and complete required health examinations (and added your newborn to your application if you wish to do this).
      Sorry I’m not aware of a way to speed up processing.
      PC

      Reply
  146. MK

    hi PENG.
    i lodged my partner visa application 802/820 on1st november 2013 and still waiting my permanent till now (2 years and 4 months) but i travelled 3 times between this period .
    is that delay or affect my visa decision.
    now im wondering because there is some problems between me and my wife starts and she is threatening me that she’s gonna stop our marriage application and tell them she wants to divorce.
    can she do that ? and how much likely can be success to stop the application then our life .
    thank you in advance

    Reply
    1. Peng Cheng Post author

      Hi MK,
      I don’t think that travelling affects the processing of your application.
      The Department can’t the permanent residency visa application if your relationship no longer exists.
      PC

      Reply
      1. mk

        Thank you .
        Only one,more thing
        Is it normal to,stay that long period 2 years and 4 months without making decision because,I gave them whatever immigration asked for evidences and our relationships
        As ur,experience how long does it take more to be,granted ,just ur opinion without taking it 100% .
        Thank you

        Reply
        1. Peng Cheng Post author

          The permanent residency partner visa application stage can take the Department 6-12 months to assess.
          PC

          Reply
  147. CC

    Hi Peng,

    Is it better to have a decision ready application or wait for the department to ask for the police and medical checks? I know they are only valid for 12 months. Police checks from the US can take up to 5 months to come through..

    What do you think is the best things to do? If we end up needing a new one, it’ll take longer..

    Thanks

    Reply
  148. mido

    Hi .
    Have u heard about someone staying 29 months waiting for the first stage temporary 820 and still till now .
    So nowadays immigration make people waiting for decade not years .
    I’m thinking to withdraw my application ,very tired and stressed of that long wait.
    Any advices are appreciated.

    Reply
    1. Peng Cheng Post author

      Hi Mido,
      Yes processing time is slow at the moment for partner visas – usually takes 12 months or more.
      PC

      Reply
  149. Taylor

    Hello,

    I am applying for a 309 Partner Visa, i have read that we need to show employment for my spouse?
    She is currently living with me in the UK until January when her UK visa runs out and she needs to return to Australia. Her being in the UK means she obviously doesnt have employment within Australia?

    Reply
    1. Peng Cheng Post author

      Hi Taylor,
      There is no legal requirement specifying that the sponsor needs to hold current employment.
      PC

      Reply
  150. sara

    Hi again,
    I just got a call from immigration saying they cannot process my daughter offshore application as dependent.she has to be onshore. my question she she apply offshore? please reply. thanks

    Reply
    1. Peng Cheng Post author

      Hi Sara,
      It sounds like the Department advised that she needs to lodge onshore?
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      PC

      Reply
  151. Ron

    Hi Peng

    i lodged my partner visa last year june 2015 its coming upto 10 months, we havent heard from the department yet and we have no idea if we have been assigned a co. What does it mean? I applied offshore and my wife is in perth. If the department hasmt contacted us does it mean our application hasnt been seen yet or what? Please advice thanks

    Reply
    1. Peng Cheng Post author

      Hi Ron,
      You’d need to contact the Department for an update. The application may not have been assigned to a case officer yet.
      PC

      Reply
      1. Ron

        Hi Peng

        thanks for your reply. If they havent assigned a co and its been 10 months would it take longer? We applied through an agent but she has no update either. Should we ask the agent to contact the department?

        Reply
        1. Peng Cheng Post author

          Hi Ron,
          You or your agent would need to speak with the Department to determine if the application has been allocated yet. I can only advise in relation to average processing times, which is around 8-12 months or more.
          PC

          Reply
  152. Dee

    Hi peng, I applied my de facto offshore visa on 02nd July 2015 from Sri Lanka and I also lodged our relationship supporting documents, medical report and police check. and every 2 months I’m uploading our Skype calls history to prove them our relationship is on going and we talking everyday. so this year 28th January 2016 I had my interview with them and after that I didn’t get any response from Australian Embassy. It’s been nearly 9 months since I lodged my file. I’d like to know how long does it take more to be granted my temporary visa?

    Reply
  153. Surender Mor

    Hello
    My name is Surender and i am in Australia(Melbourne) for more then 7 years and I have applied for partner visa in may 2015 but they cancel my application in Janurary 2016 so now I applied for MRT decision .
    Me and my partner have been living together for three years and have strong bonding but Now with all this thing I have no Idea what to do when I go to MRT.
    I don’t know how to prove to them. I already submit so many proof of our relationship.So now I want to register my DE FECTO relationship.
    Is registering my realtionship gonna help me out when i go for the MRT or their is any other way to prove our relationship
    Because the reason they give me for cancelation that my previous history as student is really bad so if anybody can guide me with this situation please.
    write now i have bridging visa E which i can’t work or travel but is their any way that I can change these circumstances
    that i can travel or work.

    Reply
    1. Peng Cheng Post author

      Hi Surender,
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  154. Emma

    Hi i am after some advice, i have lived in australia for 7 years with my australian partner. We applied for defacto visa after 12 month and I have perminent residence in australia. We now need to move to the uk for family reasons. I would like to know what visa we go for for him to come and live in the uk with me? Any help appriciated.. Thankyou

    Reply
    1. Peng Cheng Post author

      Hi Emma,
      Sorry we only provide Australian migration advice. Suggest that you speak with a UK migration solicitor.
      PC

      Reply
  155. Kaenphet

    Hi Penguin Cheng
    Hope you are doing good. My name is Kat and I have some questions, If I want to apply my Partner visa In Australia which documents need to be translated by NAATI ? Or Can be translated by any translators?
    Many Thanks in advance.

    Reply
    1. Peng Cheng Post author

      Hi Kaenphet,
      You can use a non-NAATI qualified professional translator.
      You need to provide translations for non English documents.
      PC

      Reply
  156. Katee

    Hi Peng,
    I am Australian Citizen and my husband is on his 820 spouse visa and he had lodged his 801 visa last month Feb 2016, if we travel next month in April , will it delay or affect the processing time? How long will it take to be processed?
    Thank you

    Reply
    1. Peng Cheng Post author

      Hi Katee,
      No I don’t think that travel affects the processing for a 801 visa.
      Processing time is around 12 months or over – see Department’s website.
      PC

      Reply
  157. preeti yadav

    HI , My husband holds PR in Australia. I applied for partner visa in june 2015.
    I got a mail on 10th february 2016 to ask for my PCC. I sent the same on 17th february. Than i got a mail which said that your attached document has been sent to the processing team. does that mean that my file has been opened? A case officer has been allocated to my file? HOw much more time could my visa take? I am really tensed about all these things?
    Please advice.

    Reply
    1. Peng Cheng Post author

      Hi Preeti,
      Your application should be allocated if you have received a request from the Department for further documents.
      It usually takes the case officer a few weeks to make a decision once they have all required information and documents.
      PC

      Reply
    2. K.S.Hashmi

      Hi peng
      I have applied partner visa in June 2015
      But after medical and biometric there is no information except on 21/03/2016 my application is being actively process for finalising
      What is it mean please
      K.S.HASHMI

      Reply
      1. Peng Cheng Post author

        Hi KS,
        Your application is in the queue for processing – you’ll need to contact the Department if you want further information in relation to the processing of your application.
        PC

        Reply
  158. Muna Ali

    Hi,

    So I applied for the 820/801 in Feb 2015. Case worker got in contact with me Mar 2016 asking for AFP and proof of address from Sharjah, UAE where we lived the first 5 years of marriage. She said if I was to upload such document , then she’d send me the email containing my PR within the hour. However I have no such document as there isnt an address system in the UAE. I sent many other documents such the residence visa I had in UAE stating my husband was my sponsor for the whole 5 years and that I was a housewife who didnt work. I also sent them medical insurance, national ID and my driver’s license from the UAE all showing no address to reiterate the fact that there is no address as such .

    I sent all those documents last week 24th March. Do you think that would be enough to proof that we were indeed in a real and ongoing relationship. Oh, we also have a 4 year son who is an Australian citizen and currently we are living in Perth together.

    Surely I am not the only person who doesnt have a proof of address from a developing country. Do you think that they would deny me the PR given that we have been married 6 years and have a son . I am a British citizen .

    Thanks for your time

    Reply
    1. Peng Cheng Post author

      Hi Muna,
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice.
      PC

      Reply
  159. Nazek

    Hi Peng,
    My husbands visa has been rejected because he couldn’t provide the police check on time. He is struggling to get it but we are involved in a financial law case against a Qatari guy who is preventing my husband from leaving Qatar or getting the police check.
    I only recently found out that we should have informed the embassy about our situation. But its too late now.
    Our lawyer in Qatar said my husband will be cleared of these offences filed against him by the 21st of April.
    My question is if my husband cannot provide the police check will he be able to get the visa or will I be wasting time and money on the appeal??
    BTW I have been married for 13 years and have 3 children.
    My papers were well organized but this law case popped up totally unexpected.
    Thank you very much for your help.

    Reply
    1. Peng Cheng Post author

      Hi Nazek,
      The applicant needs to demonstrate that they satisfy the character requirements for the visa, which is why police clearances are required.
      PC

      Reply
  160. Haley

    Dear Peng

    I am Srilankan living in Dubai working as a flight attendant . My husband has PR and we both live in dubai since he got a job in dubai . He is planing to move to Australia on the this June 2016 and I am going to apply for the spouse visa lodge the application before he leaves . His sister lives in Sydney and initially we can live there untill we find out own place in australia.so I should apply for my visa from.dubai or sri lanka .. I am a srilankan citizen but having residence in UAE lived more than 12 months in UAE .please advice me ..I am very confused about my situation

    Reply
  161. John

    Hi Peng,

    Thanks for your great work.
    I’m preparing documents for Temporary Partner visa (subclass 820).
    My de facto partner will be the applicant.

    I wonder if some of those documents can be provided in the later stage of the application.
    Can you please indicate when should the following documents need to be uploaded:

    -Proof of identity – right after submit the application.
    -Health check – when request by CO?
    -Character check (AFP) – when request by CO?
    -Form 888 – right submit the application?
    -Photo of applicant – ?

    Million thanks.

    Reply
    1. Peng Cheng Post author

      Hi John,
      You can upload these documents after lodgement.
      Your case officer will let you know what documents are required after they have reviewed your application.
      PC

      Reply
  162. UC

    Hello,

    I am in Australia on a spouse visa 309 since May 2015. I have worked in 2 companies as casual and currently on a new job with a bank on temp role . I want to know how much time will it take to get a PR . The reason I am asking is because I am not a PR, am not getting a permanent role. An approximate timeline known for getting a PR will help me to plan my family and career decisions.

    Regards

    Reply
  163. sahil magar

    Dear peng i have signed two different signs in my dependent visa form and and my visa subclass is 573. Does it affect my visa?

    Reply
    1. Peng Cheng Post author

      Hi Sahil,
      You are allowed to change the way that you sign your signature. The Department hasn’t ever raised any issued in relation to signatures for our applications.
      PC

      Reply
  164. Jefry Gavidia

    Hi..

    My name Is Jefry,

    I have a quick question.

    I am an Australian Citizen.

    My wife is peruvian and my son was recently born in peru. We have been married since 14/4/2014. Very soon, i will lodge, form 118 Citizenship by descent, for my son. However, i am not entirely sure how this works for my wife. Which form do i need to lodge for my wife to come to Australia and live permanently.

    Please assist.

    Thanks

    Kind Regards,

    Jefry Gavidia

    Reply
  165. Reece Gendron

    Hi Penn, my partner is an Australian resident and I am a South African citizen. I am currently here on a tourist visa which is valid for a year. I am allowed to be in Aus 3 months at each entry and we want to apply for a partner visa since we have been together for four and a half years. I am on my second entry which in June I would have been here for 6 months. If I apply for my partner visa how long does it take for them to grant me a bridging visa and do I have to send in a certain application applying for the bridging visa? Also if they take too long to reply do you think it would be a good idea for my to leave the country and come back on my third entry for another 3 months if they take too long to reply regarding my bridging visa?

    Reply
    1. Peng Cheng Post author

      Hi Reece,
      Bridging visa should be granted just after you lodge a valid onshore partner visa application. You don’t have to lodge a separate application for the bridging visa.
      PC

      Reply
  166. John

    Hi Peng,

    I have read through the partner visa booklet but still confuse on the “5 years limitation for sponsor”.

    I have sponsored my ex-wife few years back and now I’m going to sponsor my current partner.

    I lodged the application for my ex-wife on 9th May 2009 and granted PR on 9th May 2011.

    Should the lodgement date or Granted date take into consideration for the 5 years limitation?
    Can I lodge this partner visa now which is less than 5 years from Granted date but it has been 7 years from lodgement date, can’t I??

    Thank you.

    Regards,

    John

    Reply
  167. Amar

    Hi peng,

    I got married to my partner in October 2015, and we are in relation since November 2014. My wife is an Australian citizen and currently we are living in Dubai. We thought of applying for the partner visa, however someone advised us that we should stay together for at least 1 yr. will it be ok to apply now ? And how long will it take ? And we are also looking for a relyble migration agent who can help us out with the complete process.

    Regards
    Amar

    Reply
    1. Peng Cheng Post author

      Hi Amar,
      Department’s processing time is around 10-12 months.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  168. Carmen

    Hi Peng,

    I will lodge my partner visa application through online system.
    May I know should I upload my AFP police check to the online system or should I post the original copy to the immigration office?

    Thank You

    Reply
  169. Arjun

    Hello peng,

    I have lodged my wife 309 visa last year in 2015 june.now few days back immigration send a email only requesting for police clearences.but there is no mention of any case officer.its been more then 10 months.after we provide the police clearence when my wife will get the visa.because she is pregnant and i want her here asap.

    Reply
    1. Peng Cheng Post author

      Hi Arjun,
      Department’s processing time is around 12 months or more – we can only provide general processing time information.
      PC

      Reply
  170. mahira

    Hi Peng,

    I am an American currently in Australia on a tourist visa that expires in two weeks. I would like to apply for an offshore defacto visa with my partner(Australian), we are eligible and have everything ready. Can I go to New Zealand for a week and apply from there? Then come back to Aus on a tourist visa? Do you have to apply for an offshore defacto from your home country?

    Thank you
    Mahira

    Reply
    1. Peng Cheng Post author

      Hi Mahira,
      You don’t have to be in your home country to lodge a offshore partner application.
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  171. Glenn

    Hi Peng 🙂 just wondering my partner and I would like to marry whilst she is here on a visitor visa visiting me we intend to do it towards the end of her three months here and assuming she does not get the no further stay attached to her visa apply onshore for an 820 partner visa at this time we would only have 3.5months of provable time living with each other would this be enough time together if we are married assuming we provide all other evidence to get a partner visa approved in your opinion if we update or application along the way till we get assigned a case officer which could be 10-12 or maybe more further down the track?

    Reply
    1. Peng Cheng Post author

      Hi Glenn,
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your partner’s visa options.
      PC

      Reply
  172. Raj

    HI Peng,

    I recently got married and we are considering applying for Partner Visa but offshore. Someone advised us to apply for a tourist VISA and once she comes here, apply for a Partner VISA onshore. In that case, she can live here as long as she wants and does not have to return after 3 months as is the case of Tourist VISA.

    I have given that a thought, but I am worried if the “No further stay” condition is applied on her Tourist, she might not be able to apply for an onshore Partner VISA and thus delay our long term VISA application.

    I would appreciate if you could help me:

    1) What would you suggest is the best course of action?
    2) If the condition is applied, is it possible that she can apply for for Partner VISA but being offshore and before the expiry of the Tourist VISA?

    Kind Regards

    Reply
    1. Peng Cheng Post author

      Hi Raj,
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your partner’s visa options.
      PC

      Reply
  173. Lin

    Hi Peng

    I would like seek your advice if I can sponsor my daughter of previous de factor relationship to visit me for a few months before deciding what to do next.

    She is 7 years old. At the time of my second marriage, my former partner refused to let go of our daughter and so I gave in and had to come to Australia first with my second and current husband. I have been given a PR now.

    Time has changed. My former partner has changed his mind and allowed me some access to our daughter.

    If I can sponsor her to visit me for 3 months, what form should I use? There are 3 forms which a bit confusing. Form 1149, 1418 and 1419?

    Your kind advice is greatly appreciated.

    Lin

    Reply
    1. Peng Cheng Post author

      Hi Lin,
      The first few pages of each form has an explanation section which explains when the form should be used – please have a look to determine the appropriate visitor visa stream/form that you should be using.
      Sorry but I can’t provide advice just based on your comment information.
      PC

      Reply
  174. Patricia

    Hi Peng,

    My defacto visa got refused about 10 months ago still awaiting to hear from the mrt. ( relationship breakdown due to domestic violence) I m currently living with my new partner and are expecting a child. What are my options if I don’t go through the tribunal. I hv been advised that the ministerial intervention has been ceased for people who have had a previous visa refused.. Pls advice on this matter. Thank you kindly, Patricia

    Reply
    1. Peng Cheng Post author

      Hi Patricia,
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  175. joti

    hi I have lodged partner visa 309 offshore from india but I am a Fijian citizen. its almost 12 months on 8 june and haven’t received any thing from the department from the date of application, I have emailed them 2 weeks ago because first I was adivced I will receive a case officer at 11 months which I didn’t so thought to email and ask whats happening as I haven’t been requested any further documents or anything. when I emailed them only answer was its within the standard processing time u need to wait. has the processing time changed ?

    Reply
    1. Peng Cheng Post author

      Hi Joti,
      Current information from Department’s website: ​​Average processing time for this visa is 12 to 15 months.​
      PC

      Reply
      1. Beau

        Hi, I have loadge my application on 23/7/15 so now is 10 month alteady. My question is the processing time brfore is 9-12 month but now just changed to 12-15 months so that mean my case will be waiting for 12-15 month right?.

        Reply
  176. Supriya

    I Peng, I have applied for my offshore parnervisa 309 after 13 months my file was opened case officer asked all the required documents and pictures which I submitted, but I am in Australia at moment in different visa, my question is do I compulsory has to leave country now till descision is made or case officer will suggest me to leave when dedication is ready?

    Reply
    1. Peng Cheng Post author

      Hi Supriya,
      You need to be outside of Australia at the time of decision – your case officer should let you know when you need to leave.
      PC

      Reply
  177. Tatiana

    Hello Peng,
    Thanks for all the useful information.
    Question: When I applied online for the onshore Partner visa (Stage 1: Partner of Prospective Marriage visa) , then my partner applied to sponsor me (Sponsorship for a partner to migrate to Australia). A week later I noticed on my account another application called “Sponsorship for a partner to migrate to Australia”. I wonder if my fiancé has to apply from my account while he already did it from his own immi account?! Or was that just a technical issue and I should go ahead and delete the last application because I cannot sponsor anybody while being the applicant….
    Thank you so much for taking you time and answering our questions! Much appreciated.

    Tatiana

    Reply
    1. Peng Cheng Post author

      ​Hi Tatiana,
      I think the Department wants you to lodge both forms from the same account – I’m not sure how to fix what you described so I suggest that you contact the Department.
      PC

      Reply
  178. Patricia Up.

    Hello,
    I am a US citizen who is currently on student visa doing masters by coursework in Melbourne. My partner is Australian citizen who was born in Nepal. I and my partner knew each other since 2005 (high school days while we both were in Nepal). We were in long distance relationship. He visited me and my family in USA on 2013. We were in constant contact through phone, email, viber and facebook. Since my partner had a permanent job in Au and i had just got admission into Uni in melb, i decided to move here. Its been a year now that we are living together as partners. Do we qualify for decision ready Partner visa subclass or Defacto subclass. I want my PR to arrive without waiting for another 2 years as we have been in relation for longtime and we are serious committed couples. How should we proceed? Should we register our marriage and apply for decision ready spouse visa. Or should we apply as defacto relationship?
    please advise
    Patricia

    Reply
    1. Peng Cheng Post author

      Hi Patricia,
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  179. Niss

    Hello Peng,
    I applied for partner visa 309/100 online from australia on 23 feb 2016 for my wife who is overseas, on 16 may 2016 got an email from a case officer asking for medical examination, does that mean that we have satisfied all the other documents required ….and how long would it take for the visa to be granted after completing medical examination.

    thank you.

    Reply
    1. Peng Cheng Post author

      Hi Niss,
      Your case officer should let you know if any further evidence is required.
      Health request doesn’t guarantee visa approval.
      Department may take 2-4 weeks or longer to complete its assessment once it has all required information.
      PC

      Reply
  180. An

    Good day peng this is a helpfull site for me to ask about my situation…
    Me are legally married in Philippines.
    And my Australian BF.Is legally married in Australia.

    And I’m a tourist visa in Australi
    And my bf and I planning to apply a de facto partner visa.this coming November 2016.as count for 12 months relationship.
    This is what I confused
    Should I need to attach to my application for separation
    agreement/ stat.DEC.that my
    Me and my husband before was separated. 2 years ago

    Reply
  181. harman

    Hlo peng,thanks this form is really helpful.I just wonder I m currently waiting offshore for partner visa.I did lodge in june 2015 and now its more than a year now.I don’t get any response so far.I m tired of waiting it was suppose to be decision in 9-12mnth.I hv done pc and medical 2-3 months before immi requested and sent already to save delay time.I tried calling immigration and sent email to them still waiting for reply .I don’t know what to do …

    Reply
    1. Peng Cheng Post author

      Hi Harman,
      I’m sorry but there really isn’t much that anyone can do about the Department’s processing time and internal processes. Sorry but you’ll need to speak with your case officer if you are able to contact them.
      Wish you the best of luck with your application.
      PC

      Reply
    1. Peng Cheng Post author

      Hi KS,
      That is possible – for example if the Department refuses the application because of character or health considerations.
      PC

      Reply
  182. Paul

    Hello Peng
    A very helpful blog, thanks.
    My fiancée is in China and I am an Australian Citizen living in Australia. We are preparing a Prospective Marriage Visa, intending to get married in Fiji after her PMV is granted and she first arrives in Australia. We spent considerable time together whilst she was in Australia for 3 months last summer plus every day and night when I was recently in China for 20 days.
    My question relates to income criteria for a PMV with me as sponsor. Is it a showstopper if I have been on unemployment benefits since Aug ’15 and still continuing? I have 2 rental properties, yet only just positive cashflow.
    Basically my own business went downhill to zero revenue when I tried to save my last marriage, now divorced, followed by an emotional recovery period. I’ve been on NewStart since 12/08/2015, yet am hoping my recent efforts to re-invigorate my business will return a good income again … but that still hasn’t materialised as yet.
    If being on NewStart does affect the PMV, is there a period of time that needs to pass when I’m off NewStart and earning an income from wages, until it no longer affects the PMV? … Thanks

    Reply
    1. Peng Cheng Post author

      Hi Paul,
      If being on NewStart does affect the PMV, is there a period of time that needs to pass when I’m off NewStart and earning an income from wages, until it no longer affects the PMV? There are no legal requirements in relation to having any specific level of income or financial assets for a partner visa or PMV aplication. Being of social soceity doesn’t mean that you can’t sponsor
      PC

      Reply
  183. K.s

    But if the character certificate and health certificate has provided and all the documents were provided according to check list then for refusal of visa subclass 309 interview is mandatory or not

    Reply
    1. Peng Cheng Post author

      Generally speaking, the Department should contact you and give you an opportunity to comment if they have concerns about the application. The Department is also allowed to make a decision based on the information that you have provided.
      PC

      Reply
  184. Kim

    Hi Peng,
    I applied for a Prospective Marriage Visa in June 2015, made Health Examination in July 15 and provided Police clearance in August 15.
    I plan to apply for an Onshore Partner Visa 820 beginning of September 2016 and am now collecting documents. Does it make sense to go for another Health Examination and apply for additional police clearance documentation already now or can I wait until Immigration Department asks for it?
    Do I get an “Acknowledgment Letter” with regard to submitting the visa application 820 even if I do not provide the health and police clearance documents with the application? I understand I need the “Acknowledgment Letter” to apply for Medicare?
    Thanks a lot for your help!

    Reply
    1. Peng Cheng Post author

      Hi Kim,
      I’d wait for the Department’s request.
      You should get an acknowledgement letter/email after you lodge a valid application.
      PC

      Reply
  185. Dolly

    Hi ! thanks so much for your article! I have three things I wanted to ask!

    1. Does 40 SP and 47SP need to be filled out on paper then scanned in? Or it’s all done online.

    2. ALso Do photos of us at birthdays and holidays Ect, need to be justified by a JP or can I just add them straight onto the Immiaccount?

    3. I, the sponsor will be paying with our joint credit card- If your sponsor has paid the visa application charge for you then you must provide the original receipt to show they have paid and you must lodge your application by post or in person.

    Reply
    1. Peng Cheng Post author

      Hi Dolly,
      1. You can either log a paper application (40sp and 47sp) or the online application: https://online.immi.gov.au/ola/app
      2. Clear scanned copies are fine if you are lodging an online application.
      3. Payment details in Form 40sp and in the online form as well – sponsor can pay for the application.
      PC

      Reply
  186. Harshil

    Hi
    I applied for partner visa 309/100 online, on 19 July 2016 I got an email from a immigration asking for form 80 and PCC does that mean that we have satisfied all the other documents required and how long would it take for the visa to be granted after submitting those documents?

    Reply
    1. Peng Cheng Post author

      Hi Harshil,
      Sorry but I can’t determine if the department will approve the application just based on your comment information. Your case officer will let you know if there are any issues.
      Department can take 6-8 weeks or more to make a decision once they have all required information.
      PC

      Reply
  187. Wasifa

    Hi Peng. Applied for PMV in Feb 2016, got CO IN May and submitted all necessary documents by 15th June. It’s been over two months since then so we emailed CO. SHe said the documents in the file are currently being processed. What does that mean? How much longer may this take?
    Thanks.

    Reply
    1. Peng Cheng Post author

      Hi Wasifa,
      Your case officer is assessing your application.
      Sorry but there isn’t any set processing time – DIBP’s general response is that it will take the time necessary to assess all the legal requirements if you call them.
      PC

      Reply
  188. sandeep kaur

    Hi peng,
    I am on bridging visa after applying for PR in Rsms stream. I want to apply for visitor visa for my husband.If he comes here on visitor visa does he need to be offshore when the decision for PR will come? Please advise.

    Reply
    1. Peng Cheng Post author

      Hi Sandeep,
      Your husband needs to be in Australia at the time of application to get a bridging visa.
      PC

      Reply
  189. monty

    Hi peng
    i stayed unlawfully on my student visa.but after few years i got married on july 2013 to my partner which is australian citizen.we applied for the partner visa in august but after few weeks i recieved refusal.but i got provided bvc.i lodged for MRT that got refused to in may 2015.after that we moved back to my home country we lodged the application from there in nov 2015 and still waiting for that.but i havnt submitted my australian pcc.should i wait for co to ask me to provide them.it been 9 months.please help .
    Another question is does 3 year ban impose to me as i stayed unlawful in australia.even apply to 309 as well
    Much Much Appreciate …. THANKS
    From Monty

    Reply
    1. Peng Cheng Post author

      Hi Monty,
      You can provide your police clearance now, or when your case officer asks for this.
      Sorry but I can’t determine if any ban period applies just based on the above information.
      PC

      Reply
  190. Jass Pabla

    Hi Peng
    I applied 309/100 on 29 June 2016.
    Received an email on 11 Aug 2016 from enquiry-india@border.gov.au asking for Indian PCC and Medical. Provided the documents on 15 Aug 2016. What are the possibilities in this situation? Can I expect a Visa grant immediately?

    Reply
    1. Peng Cheng Post author

      ​Hi Jass,
      Your case officer should let you know if anything else is required.
      Sorry but there isn’t any set processing time – DIBP’s general response is that it will take the time necessary to assess all the legal requirements if you call them.
      PC

      Reply
  191. Sid

    Hi peng I logged my permanent visa in defacto case nearly 4 months ago and I didn’t heard anything from immigration yet can you plz help me with that I am bit warried I don’t known the processing time looking forward to hear from u thanks

    Reply
  192. rix

    hi peng

    I lodged my application for partners visa on August 19,2016 at vfs global, I received an sms from vfs that my application is already received at the Australian embassy in the philippines but still I didn’t receive any acknowledgement letter from the embassy thru email..what should i do? tnx

    Reply
    1. Peng Cheng Post author

      Hi Rix,
      Department may be sending you an acknowledgement letter by post – you can call the Department to check.
      PC

      Reply
      1. rix

        or it’s because I give 2 email account on my application that’s why they didn’t email me,Its okay that I gave two email account?thanks😊

        Reply

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