Partner Visas – Sponsorship Application

We have had a number of enquiries recently from applicants who have filed their own partner visa applications and have not heard anything from the Department.  On investigation we find that the applicant has failed to file the sponsorship application.

When filing a partner visa you must immediately then file a sponsorship application.  Even though the sponsorship application is filed after the visa application, sponsorship is considered first and will delay the processing of the visa application if not done in a timely manner.

Partner Visas – Second Sponsorship

Unless the requirement is otherwise waived, a sponsor can only sponsor two applicants for partner visas.  Only successful visa applications are counted, so if a partner is sponsored but the application is refused, this does not count as one of the two permitted sponsorships.

The two sponsorships must be at least five years apart.  The fives years starts from the date the first partner visa application was lodged and ends on the date the second partner visa application was determined.

Partner Visa – Defacto Relationships

To apply for a partner visa as a defacto partner you must either live together for 12 months prior to applying for the visa or you must register your relationship at the office of Births, Death and Marriages.  The registration does not need to occur prior to filing but must be done prior to decision.  We always recommend doing so prior to filing if this is available to you.

This means you can file and register later.  This is of benefit to those who may be awaiting another process in order to register.  For example, a client may be awaiting for a divorce to finalise (note: defacto registration cannot occur while still married) but has a critical date approaching on their current visa.  They can file the partner visa based on a defacto relationship triggering the bridging visa and add the registration post filing once the divorce is finalised.

The danger here is if the Department makes a quick decision on the application, and no registration is present, the application can be refused.

Partner Visa – 309 Bridging Visa

There are circumstances where an applicant for an offshore 309 Partner visa can apply for a bridging visa A.  If the applicant for the 309, at the time of applying for the 309, held another substantive visa, then a bridging visa application is available.  For example, an applicant holds a WHV, but departs Australia and gets married overseas and then lodges a 309 offshore while the WHV is still valid.  In these circumstances a bridging visa A can be requested.

‍