Questions about applying for a partner visa in Australia

August 27, 2023 12:14 PM

We're looking into applying for an Australian partner visa (I'm Australian, my wife is Swedish) and we have a few questions about timing and exactly how the process works.

We currently live in Sweden and are considering moving back to Australian in 1-2 years. The partner visa application process seems (from a bit of reading) relatively straightforward (though SUPER expensive!!) but we have a few questions that we can't find the answer to.

1) We've been together for 13 years, married for 5, with a two year old child, and have bought a house together. It feels like proving we're a genuine couple is easy (with the requisite paperwork, of course). Is that foolish?

2) From looking at the application it seems manageable without hiring an immigration lawyer, as long as we take it step by step and make sure everything is in order. Would you agree, or would you recommend getting assistance with it?

3) If we start the process and after 18 months decide/need to move back to Sweden (for whatever reason), will that harm the application? I know we need to be in Australia when the decision is made, but is it a problem if at that point we're not living there permanently? I.e., we fly back for the decision, go back to Sweden, then three years later come back to Australia to live.

Thanks for the help, or for anything else you think we should know!

posted by twirlypen to Travel & Transportation (2 answers total)

Just finished this myself, took just over 3 years start to finish (over the COVID timeframe). I was granted "Provisional resident" about 1 year after initial application.

1) Application is straight forward, but you need supporting documentation, so lots of photos, blocks of text etc. You are correct that your situation will make it straight forward to demonstrate the required elements. You will need to provide evidence for each of the categories, which adds up quickly. It took me around 3 weeks to put together the initial application (309), and about 1 week for the finalization (100).

2) I didn't use an immigration lawyer, but I also spent a lot of time on this. It will take a lot of effort (from both parties) to complete the application. This is likely true with or without the lawyer, and I'm not sure the lawyer will help? Hard to say.

3) So the partner process is a two part visa. During prior to granting the provisional visa, your wife cannot have already immigrated, etc. While you are waiting for the provisional residency (309), they don't care where you are, only that the relationship is on-going. Once the provisional (309) is granted, your wife will have 1 year to enter Australia on the 309 visa or you will need an exception letter. I got my exception letter (with a couple month lapse) because COVID made entering Australia fairly difficult. Once she enters on the 309 visa, there are not requirements around being in Australia during the 100 process at all.

To complete the process (100), I don't think there is any requirement to continue to be in Australia. I will mention that going from permanent resident to citizen *does* require significant time in Australia, and after 5 years permanent residents lose their "travel facility" and need to reapply. I suspect this is because after 4 years, permanent residents are potentially eligible for citizenship application.

Links:
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-offshore/provisional-309

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-offshore/migrant-100

https://immi.homeaffairs.gov.au/visas/permanent-resident/overseas-travel

posted by litghost at 1:16 PM on August 27, 2023 [2 favorites]

Just a heads up that if your wife has any serious medical issues or disabilities, this will be a barrier to her being granted a visa.
posted by chariot pulled by cassowaries at 6:11 PM on August 27, 2023