What are the required partner visa documents? What are the documents you need to prepare for an application for a partner visa?
Under the Partner Visa Stream, an applicant can be sponsored by their Australian spouse or de facto partner who must either be an Australian citizen, Australian permanent resident or an eligible New Zealand citizen, aged over 18 years old.
The Migration Act and Regulations provides who may be able to enter Australia as well as the qualifications required. The Australian partner visas include the following:
For an application to be successful, you need to fulfill the necessary requirements and submit necessary partner visa documents.
Requirements for Partner Visa
Before gathering all the partner visa documents, you need to first know the requirements for a partner visa application.
Requirements for Married Applicants
You are a married applicant if your marriage is valid under Australian law and:
- you have a mutual commitment with your spouse to the exclusion of all others,
- your relationship is genuine and continuing,
- you either live together or don’t live permanently apart, and
- you are not related by family.
Requirements for De Facto Partners
To be a de facto partner, you must be in a de facto relationship. Under the Family Law Act 1975, you and your partner are in a de facto relationship if:
- you are not married to each other,
- you have a mutual commitment with your de facto partner to the exclusion of all others,
- you have a relationship as a couple who are living together on a “genuine domestic basis”, and
- you are not related by family.
As a general rule, you must be in a de facto relationship for at least 12 months immediately before applying for a partner visa. Time spent dating or in an online relationship might not count.
Partner Visa Documents
Partner Visa Documents Proving the Relationship
The relationship element is the most important part of a permanent partner visa application. The visa applicant will need to provide relevant documents to prove your relationship. These documents include evidence:
- As to finances. Documents that show that both parties have contributed financially to the relationship.
- As to household. How your household works on a daily basis.
- As to social matters. How you are seen as a couple by family and friends.
- As to commitment. Proof that you know about your partner’s background and have combined your personal lives.
- As to de facto relationships. Your relationship existed for at least 12 months prior to the partner visa application submission date.
Documents proving the relationship can include:
- Evidence of correspondence. These forms of communication should be addressed jointly. Examples include letters, or invitations sent by mail addressed to you and your partner, letters from the bank with bank statements addressed to both of you, or any other letter showing your joint home address.
- Evidence of joint financial commitments. This includes joint bank account(s), joint credit or debit cards, joint insurances, joint rental payments, joint utility accounts, joint gym membership payments, joint car loans, or other joint bills and financial commitments.
- Relationship statements. Documents with detailed statements of you and your partner’s relationship.
- Evidence of shared accommodation. This includes joint lease agreements, bond payment, mortgage documents, joint property ownership documents, utility bills showing your joint names, and photos of your home.
Partner Visa Documents of the Applicant
- Passport biodata of the applicant
- Passport biodata of all dependents included in the application
- Passport photo of the applicant
- Passport photo of all dependents included in the application
- Birth certificate of the applicant (the birth certificate must show the names of both parents)
- Birth certificate of all dependents included in the application
- Verification of a name change, if any
- Evidence of a health check booking or medical certificates
- Marriage Certificate, if applicable
- Divorce Certificate, if applicable
- Separation papers, if applicable
- Death Certificate for widows or widowers, if applicable
- Military discharge papers, if applicable
Documents for Dependent Children
- Parental responsibility documents permitting children under 18 years of age to migrate to Australia
- Adoption papers for children, if applicable
- Form 80 for dependent children aged 16 years and over
- Australian Federal Police Clearance for dependent children aged 16 years and over
- Offshore Police Clearances for dependent children aged 16 years and over
Partner Visa Documents of the Sponsor
- Passport biodata of the sponsor
- Passport photo of the sponsor
- Birth certificate
- Evidence of employment for the past two years
- Evidence that the sponsor is an Australian Citizen, Permanent Resident or eligible New Zealand Citizen
- Offshore Police Clearances
- Australian Federal Police Clearance
Relevant Forms Required for a Partner Visa Application
Form 888. An Australian citizen and a permanent resident fills up this form. The person filling up this form should know the applicant and their partner for the entire duration of their relationship. Any person who is familiar with the visa application and their partner or fiancé(e) may also fill out this form, especially if the applicant is outside of Australia and unable to have an Australian citizen or Australian permanent resident do so.
Form 1229. Both parents or legal guardians should sign this form which grants permission to children to migrate or visit Australia. The children will generally come from the non-migrating parent or any other non-migrating person who has the legal right to determine where the following child or children can live. Children aged 18 and above will need Form 48A.
To view an Australian Partner Visa checklist, click here.
Seeking Legal Advice from Immigration Lawyers
This article lists general partner visa documents required. However, depending on your situation, the Department of Home Affairs (the Department or the DHA) could ask for more documents.
JB Solicitors has a leading team of immigration lawyers that can assist you with your visa application. We can advise you on the Australian partner visa requirements and work with you on the required documents to ensure that your application gets approved.
Do you have any more queries on partner visa Australia, bridging visa, or temporary visa? Contact us today.