'Complex' Partner Visa vs Standard Partner Visa | What to Expect

In Australia, Partner Visas (Subclasses 820/309 and 801/100) are essential for individuals seeking to join their partners based on their relationship. However, not all partner visas are created equal, as everybody’s circumstances may differ. A complex partner visa differs significantly from standard partner visas due to various factors contributing to its complexity.  

 

Complex Partner Visa vs Standard Partner Visa 

Complex Partner VisaStandard Partner Visa
Nature of Complexity There is no official category, but when applications present additional challenges. Factors such as previous visa issues, health concerns, character assessments, and insufficient evidence of genuine relationship contribute to this complexity, Typically involves straightforward applications where the relationship between the applicant and the sponsor is clear and well-documented. These visas are processed based on the standard criteria set by the Department of Home Affairs (DoHA) without significant complications. 
Application Requirements Requires extensive documentation to address the complexities involved. This includes evidence of relationship, past visa issues, and compliance with immigration laws. Applicants may need to meet Schedule 3 criteria if they do not hold a substantive visa. Requires basic documentation proving the relationship’s genuineness. Meets all the visa criteria. 
Processing Time May experience longer processing times due to the complexities involved. DoHA may request additional information or clarification, leading to potential delays. Generally processed within the set processing time by DoHA, assuming all documents are in order and the relationship is well established. 
Impact of Background Issues Background issues such as previous visa refusals, cancellations, criminal history, or health concerns can complicate the process considerably. Highly recommended for applicants to engage with an Accredited Specialist in Immigration Law to address these issues. Background checks will still be conducted, and if the applicant has a clean record, and meets the visa requirements. 

Related: 

How Can Agape Henry Crux Assist

While both complex partner visa and standard partner visas aim to bring their significant other and build their lives together in Australia, the main differences are in identifying the complexity of the matter and getting the necessary legal representation to address them. We highly suggest that you speak with one of our Accredited Specialists in Immigration Law for tailored advice to understand the visa framework and potential risks that may occur for a less stressful process. They specialise in handling highly complex matters. You can schedule an appointment to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com

We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language. 

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.

Client Testimonials

….we call it Support Network

Navigating the immigration law process may be difficult, so our former clients have agreed to share their experiences through telephone chats, emails, and in-person meetings.

These are their stories…

Related Articles

Latest Articles