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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196 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
  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
  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
  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
  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

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