Can I Apply for a Partner Visa If I Met My Partner Online?
In today’s digital age, meeting a partner online has become increasingly common. If you’ve developed a genuine relationship with someone in Australia after meeting them online and are considering applying for a Partner Visa, we highly suggest that you understand the visa requirements and the visa application process.
What is a Partner Visa (Subclass 820/309 and 801/100)?
The Partner Visa (Subclass 820/309 and 801/100) allows an individual to reunite with their partner in Australia. This visa has two streams: the Onshore Partner (Subclass 820/801) Visa and the Offshore Partner (Subclass 309/100) Visa. It applies to individuals in a genuine and ongoing relationship with an Australian citizen, a permanent resident (PR), or an eligible New Zealand citizen.
What are the Eligibility Criteria for a Partner Visa?
You will need to demonstrate that you and your partner are in a committed and genuine relationship.
Generally, you should be in a relationship for at least 12 months to be eligible for a Partner Visa. However, there are ways to overcome the length of the relationship by demonstrating exceptional circumstances or by registering your relationship with the state.
Prepare and gather genuine evidence. Applicants can follow the four pillars framework, which includes Financial Aspects, Nature of the Household, Social Evidence, and Commitment to Each Other.
Are there Further Considerations for a Partner Visa?
While you met online, providing evidence that you have met in person can help strengthen your visa application. Photos taken together or while travelling are great supporting evidence. Showing consistent communication and evidence of how the relationship has developed over time can also assist with the application. Lastly, demonstrating future plans together, such as plans to live together or your intention to share a future together, can be compelling evidence.
What Can Complicate a Partner Visa Application?
Be honest in your application. If the Department of Home Affairs discovers any false or misleading information in your visa application, the visa application may lead to a refusal and may affect any future applications.
Sponsorship limitation: if your partner (who is your sponsor) has character issues, sponsored multiple partners in the past, or if your sponsor was previously granted a partner visa in less than 5 years.
If you, as the applicant, are not holding a substantive visa, your Partner visa may be affected by Schedule 3 criteria, which can complicate your visa application.
If you have a history of visa refusal or cancellation, it could significantly complicate the partner visa application process. Speak with an Accredited Specialist in Immigration Law if you find yourself in this situation.
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How Can Agape Henry Crux Assist
At AHC Lawyers, our experienced immigration lawyers specialise in assisting with complex cases, with careful planning and strategising to ensure the best results. We highly suggest that you speak with one of our Accredited Specialists in Immigration Law for professional advice. 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.
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