Update – Partner and Prospective Marriage visa applications

If you intend to migrate and live Australia as a partner of an Australian citizen, permanent resident or eligible New Zealand citizen, you may be eligible for a Prospective marriage visa or Partner visa.

Health & Character Requirement

All applicants must undergo a medical examination and are expected to undertake character requirements. Starting 18 November 2016, sponsors of these visa applications will need to:

  • Provide Australian and/or foreign police checks when requested; and.
  • Consent to us disclosing their convictions for relevant offences to the visa applicant(s).

Limitations on Sponsorship

If you have previously sponsored a partner or has been sponsored as a partner, your partner’s visa application may be refused if you are affected by certain sponsorship limitations relating to previously successful partner applications. These includes if you:

  • Have previously sponsored or nominated* 2 or more persons as a fiancé or partner for migration to Australia (including sponsorships/nominations you may have withdrawn but your former fiancé or Partner obtained permanent residence on family violence grounds); or.
  • Have sponsored another fiancé(e) or partner within the last 5 years; or were sponsored as a fiancé (e) or partner yourself within the last 5 years.

In addition, there is a waiver provision that allows your sponsorship to be approved if the decision maker is satisfied that compelling circumstances affecting you exist. Compelling circumstances included the following but are not limited to:

  • previous partner has died;.
  • previous partner has abandoned the relationship leaving young children;
  • Relationship with their current fiancé(e) or partner is long standing; or
  • They have children in their relationship

The purpose of the sponsorship limitation is to prevent abuse of the partner migration programme and all aspects of your circumstances are relevant and taken into account when considering the waiver provision. The extent and importance of your ties to Australia as well as the consequent hardship/detriment that you would suffer if the sponsorship was not approved are also matters that are taken into consideration.

If you have been granted a permanent contributory parent category visa on or after 1 July 2009, you are unable to sponsor a person for a partner category visa for 5 years from your visa grant date if you were in a married or de facto relationship with that person on or before the date you were granted the contributory parent category visa.

There are some exceptions to this limitation if you can provide compelling reasons. Compelling reasons may include if:

  • Your partner was unable to migrate with you because of a major family illness or;.
  • Other significant obligations, other than financially-related obligations

Wherein in this situation, the department expects that you will be able to provide evidence of a change in circumstances that now allows your partner to apply for the Partner or Prospective Marriage visa

References