Migracija U Aus
Migracija U Aus
Migracija U Aus
In person:
The Ofce of the MARA investigates complaints against registered migration agents and may take disciplinary action against them. If you have a concern about a registered migration agent, you should contact the Ofce of the MARA. The Code of Conduct and complaint form are available from the Ofce of the MARA website.
Contents
Important terms Part 1 Introduction
Application stages How to apply Where to apply
3 7
8 9 11
Part 2 Are you eligible to apply? Part 3 Information for sponsors Part 4 General information
12-month relationship requirement Health requirements Character requirements Dependants Costs and charges Certied copies Statutory declarations English translations
12 13 18
18 19 20 22 26 27 27 29
Part 5 Prospective Marriage visa Part 6 Partner visa Part 7 Evidence to provide with your application
Proof of identity/personal documents Evidence that your relationship is genuine
30 34 38
38 39
42
42 43
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45 45 45 46 46 47 48 49 50 51 53 54
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Important terms
Applicant(s) Australian mission The person (or persons) applying to migrate or remain permanently in Australia. An Australian Embassy, High Commission, Consulate, Consulate-General or Australian Trade Commission overseas. A person who is the holder of a permanent visa and is usually resident in Australia. A type of temporary visa that provides the holder with status as a lawful non-citizen. It can only be granted in Australia. The agency that delivers social security payments and related services in Australia. Child (when used in relation to another person) means: a natural (biological) child; or an adopted child within the meaning of the Migration Act 1958; or a child conceived through an articial conception procedure (ACP); or a child born under surrogacy arrangements, where parentage has been transferred by court order under a prescribed state or territory law. Close relative Your partner, children (including adopted), parents and siblings and step relatives of the same degree. An application that provides all information necessary for processing, including evidence of your relationship, completed health and character checks (if applicable) and other necessary documents. A person is the de facto partner of another person (whether of the same sex or a different sex) if the person is in a de facto relationship with the other person. For the purposes of a Partner visa application, a person is in a defacto relationship with another person if: they are not in a married relationship (for the purposes of the Migration Act1958) with each other; they are not related by family; they both must be aged at least 18 years at the time the application is made; they have a mutual commitment to a shared life to the exclusion of all others; the relationship between them is genuine and continuing; they live together or do not live separately and apart on a permanent basis; and the relationship has continued for the period of 12 months immediately preceding the date of application. Note: The 12-month relationship requirement does not apply in certain circumstances. See page 18. De jure Legally married.
Centrelink
Child
Complete application
De facto partner
De facto relationship
Partner Migration
Dependent child
DNA
Fianc(e) relationship
Married relationship
Partner Migration
A person is a member of the family unit of another person (the family head) if the person is a: spouse or de facto partner of the family head; dependent child of the family head or of a spouse or de facto partner of the family head; or dependent child of a dependent child of the family head or of a spouse or de facto partner of the family head; or relative of the family head, or of a spouse or de facto partner of the family head, who is: not in a married relationship or a de facto relationship; and usually resident in the family heads household; and dependent on the family head.
Migrate
Applicants applying from outside Australia will be applying to migrate. Applicants applying in Australia will be applying for permanent residence. In the context of partner migration information, the term migrate covers both. A Notice of Intended Marriage that is completed by a couple who intend to marry in Australia. An ofce of the Department of Immigration and Citizenship in Australia. Your spouse or de facto partner. Includes Prospective Marriage visas and Partner visas. See Australian Permanent resident. A visa permitting a person to remain indenitely in Australia. A temporary visa allowing a person to enter and remain in Australia until a decision is made on the permanent visa application. A 45mm x 35mm photograph taken within the past 6 months. This should be of the head and shoulders only, and should show the person facing the camera and against a plain background. You should print the name of the person on the back of each photograph. In relation to the sponsorship limitation for child and partner visas, registrable offence means any of the following: an offence that is a registrable offence within the meaning of any of the following Acts: the Child Protection (Offenders Registration) Act 2000 (NSW); the Sex Offenders Registration Act 2004 (Vic); the Child Sex Offenders Registration Act 2006 (SA); the Crimes (Child Sex Offenders) Act 2005 (ACT); an offence that would be a registrable offence under the above paragraph if it were committed in a jurisdiction mentioned in that paragraph;
NOIM
Ofce of the department Partner Partner category visa Permanent resident Permanent visa Provisional visa
Recent passport-size
Registrable offence
Partner Migration
Second-stage processing
Sponsor
Partner Migration
Part 1 Introduction
Partner category migration allows for the grant of a visa that permits married partners (ie. oppositesex spouses) and de facto partners (including those in a same-sex relationship) of Australian citizens, Australian permanent residents and eligible New Zealand citizens to enter and remain permanently in Australia. Initially, partners who meet the legal criteria for the grant of the visa are granted a temporary visa. Later, a permanent visa may be granted following an eligibility period or, if there is a long-standing relationship or children of the relationship, soon after grant of the temporary visa. Partner category migration also allows for the temporary entry to Australia of anc(e)s (intended spouses) of Australian citizens, permanent residents and eligible New Zealand citizens. As the partner or anc(e) of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, you do not have an automatic right of permanent residence in Australia. If you wish to reside permanently in Australia you must rst apply for a permanent visa and be assessed against the legal criteria for the grant of that visa. There are 2 types of partner category visas: Prospective Marriage visa and Partner visa. The type of visa for which you should apply depends on the type of relationship you are in. The following table sets out the types of relationship and the visas that correspond to them: Relationship type Intended marriage (anc(e)) Married (de jure) relationship De facto partner relationship (including a same-sex relationship) Visa Prospective Marriage visa Partner visa Partner visa Page where information is to be found Page 30 Page 34 Page 35
Note: A Prospective Marriage visa can only be applied for, and granted, outside Australia. If you want to apply for a partner category visa, you must be sponsored by a person (being your anc(e), partner, or in some circumstances, a parent or guardian of your partner) who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen and who can satisfy the legal requirements for being a sponsor. You must also meet health and character criteria. If you have dependent children or other dependent family members, they may make combined applications with your application provided that they meet certain requirements. This booklet is designed to help you and your anc(e) or partner decide if you are eligible to apply for a partner category visa, for which visa you should apply, and what you need to know to lodge an application. It is a guide intended for the use for persons applying for a partner category visa from both within or outside of Australia. It is extremely important that you lodge a COMPLETE application as this will assist in reducing processing times. The information in this booklet will tell you what you need to make a complete application.
Partner Migration
OR Subclass 309 Partner (provisional) You and your Australian partner: are legally married; or intend to legally marry in the near future and prior to migration; or have been in a de facto relationship for at least the entire 12 months prior to the date of application. See page 34. Subclass 100 Partner (migrant) You are still in the relationship with your Australian partner 2 years after rst applying for the subclass 309 visa. See page 34.
Partner Migration
How to apply
Forms
The 2 main application forms relating to partner migration are: form 47SP Application for migration to Australia by a partner; and form 40SP Sponsorship for a partner to migrate to Australia. Form 47SP serves as an application for both the temporary and permanent Partner visas and, similarly, form 40SP serves as a sponsorship application for these visas. Therefore, after you have been granted a temporary Partner visa, you do not need to lodge another form 47SP in order for consideration of your permanent visa to occur. At time of this consideration, however, the department may request you obtain another completed form 40SP from your sponsor. If you are a Prospective Marriage visa applicant, you also use the form 47SP and form40SP. If you and your anc(e) marry before a decision is made on your visa application, you should notify the department and your application will then be changed to that of a Partner visa (for notication requirements, see page 33). However, if you have been granted a Prospective Marriage visa, enter Australia and then marry your anc(e) while your visa is still valid, you will need to lodge another form 47SP and form40SP in order to be considered an applicant for a Partner visa. Partner visa application forms are available: as PDF les from the departments website www.immi.gov.au/allforms/ printed out and then lled in; or Note: PDF les make printing of these forms easier PDF requires Adobe Reader on your computer. in paper format from your nearest ofce of the department or Australian mission and then lled in. Note: All Partner visa applications or sponsorship application forms must be signed by, respectively, you and your dependants migrating with you or by your sponsor. Together with all supporting documentation, you must then lodge these forms at the relevant ofce of the department or Australian mission overseas. Partner visa applications cannot currently be lodged online.
Supporting documentation
Before you lodge your Partner visa application, you should make sure that you have read through all parts of this booklet and that you and your sponsor are aware of all the requirements (including supporting documentation) for your migration to Australia as a partner. For further details on supporting documentation, see Checklists on page 10. If you cannot provide all the supporting documentation when you lodge your Partner visa application, you should tell the ofce what documents are missing and when you expect to be able to provide them. If you do not provide all the necessary documents, the department may make a decision based on the information you have provided. It is therefore in your interests to support your Partner visa application with as much information as possible at the time you lodge your application.
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Where to apply
In Australia
Applications should be lodged by post or courier with a Partner Processing Centre. You can nd a list of the Partner Processing Centres on the departments website www.immi.gov.au/contacts
Outside Australia
Applications can be made at an Australian mission overseas that has departmental facilities. Contact details for your nearest Australian mission can be found at the departments website www.immi.gov.au/contacts/ Note: Departmental missions overseas vary greatly in the services that they are able to provide. Please check the missions website or contact the mission to check if it is preferable to mail your application or to lodge it in person. At some Australian missions, you should make an appointment to lodge your application in person as this may help to speed up processing.
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Limitations on sponsorship
If you have previously sponsored a partner or been sponsored as a partner
Your partners visa application may be refused if you are affected by certain sponsorship limitations relating to previously successful partner applications. These include if you: have previously sponsored or nominated* 2 or more persons as a anc(e) or partner for migration to Australia (including sponsorships/nominations you may have withdrawn but your former anc(e) or partner obtained permanent residence on family violence grounds); or have sponsored another anc(e) or partner within the last 5 years; or were sponsored as a anc(e) or partner yourself within the last 5 years. * Prior to 1 July 2002, persons who applied in Australia for migration to Australia as a partner were nominated by their partner. Those who applied outside Australia as a anc(e) or partner were sponsored. Approved sponsorships or nominations are those that resulted in the grant to an applicant of a permission, an entry permit (granted prior to 1 September 1994) or a visa. You may still be approved as sponsor of your anc(e) or partner in compelling circumstances, such as: if your previous partner has died; if your previous partner has abandoned the relationship leaving young children; if your relationship with your current anc(e) or partner is long standing; or if you and your current anc(e) or partner have children of your relationship. The purpose of the sponsorship limitation is to prevent abuse of the partner migration provisions and this will be considered by a departmental decision maker when considering whether or not to exercise the waiver. Every aspect of your circumstances is relevant to the existence of compelling circumstances, including the extent and importance of your ties to Australia and the consequent hardship/detriment that would be suffered by you if the sponsorship were not approved.
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Protection of children
The Australian Government considers that the safety of children is paramount and this is reected in policies about the sponsorship of minors for visas to enter Australia. The government wants to ensure that children seeking to enter Australia under partner category and child visas are protected from being sponsored by people with convictions for child sex offences or other serious offences indicating that they may pose a signicant risk to a child in their care. A sponsorship limitation in the Migration Regulations prevents a sponsorship from being approved if one of the proposed applicants is under 18 and the Minister is satised that the sponsor has a conviction or outstanding charge for a registrable offence. Sponsors of partner or prospective marriage visa applications which include an applicant aged under 18 years, are required to provide an Australian Federal Police (AFP) National Police Check and/or foreign police certicate(s) as part of the process of assessing the application. The results of the police certicate(s) are used by the department to assess the sponsorship application and whether or not the visa application satises public interest criteria relating to the best interests of the children. A sponsorship that would otherwise be refused under this limitation may be approved at the discretion of the Minister or their delegate if 5 years have passed since completion of the sentence for the last relevant offence and there are compelling circumstances affecting the sponsor or the visa applicant. In addition to the AFP National Police Check or other police certicate(s), sponsors must disclose to the department any information relating to any conviction for child sex offences they have had or any charges currently awaiting legal action. It is also important that migration applicants, and any non-migrating person who can lawfully determine where a migrating minor child is to live, are informed when the sponsor has such convictions or outstanding charges.
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When the department is aware of any convictions or charges of this nature, through either: the AFP National Police Check or other police certicate(s) provided; the answers you provide to Question 39 on form 40SP Sponsorship for a partner to migrate to Australia or Question 36 on form 918 Application for a subclass 445 (temporary) visa by a dependent child; or liaison with relevant Commonwealth, state and territory agencies; it may inform the migration applicant, and any non-migrating person who can lawfully determine where the applicants migrating minor child may live, about the convictions or charges. Signing the sponsorship undertaking will be taken as your acknowledgement of this approach.
Privacy
Under Australias privacy laws, the department can only give you information that your partner could reasonably expect you to be given. This would include general information on the progress of their application. Your anc(e) or partner must give written permission for the department to give you more detailed information, such as your anc(e) or partners sensitive personal details or the detailed reasons for a decision on their application.
Breakdown of relationships
As sponsor, you should immediately notify the department if your relationship with your anc(e) or partner breaks down. Once you have written to the department and an ofcer of the department has conrmed the breakdown, you will be asked to formally withdraw your sponsorship. After you have withdrawn your sponsorship, Australian privacy laws prevent you from receiving further advice or being given information in relation to your former anc(e) or partners visa application. Under certain circumstances, if your former anc(e) or partner has been granted a temporary visa and is already in Australia, they may still be eligible for a permanent Partner visa and may not be required to leave Australia. In addition, your former anc(e) or partner will generally have the same rights and entitlements under Australian law (including the Family Law Act 1975) as an Australian-born person. This may mean that they are entitled to part of your property, assets and income.
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Health requirements
You and all members of your family unit must undergo health examinations, including all children under the age of 18 years as well as dependants who may not live with you and who are not migrating. If you or any of your dependent relatives do not meet health requirements, you may not be granted a partner category visa. Usually a medical examination, chest x-ray and possibly some laboratory or specialist tests are required. This can be a lengthy process and costs will be your responsibility. Medical test results are generally valid for one year. Occasionally, assessment of visa applications may be delayed beyond 12 months. If this is the case, you will be required to undergo further health examinations at your own expense. If you are pregnant, you may choose not to be x-rayed until after the birth of your baby. This may delay the nalisation of your application. Alternatively, you could use a lead shielded x-ray. This would be at your own risk and is not recommended by the Australian Government. Health conditions that may lead to your application being refused include: tuberculosis; other conditions where you are assessed by Australian authorities as requiring treatment, support or assistance that are considered to be in short supply, or that have a high cost. A positive HIV or other test result will not necessarily lead to a visa being refused. However, your result(s) may be disclosed to the relevant Commonwealth and state or territory health agencies in Australia.
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Character test
To be of good character, you must satisfy the character test. You will not satisfy this testif: you have a substantial criminal record; you have an association with a person or group that is suspected to have been or is involved in criminal conduct; or due to your past and present criminal and/or general conduct, there is signicant risk that, if you were to enter or remain in Australia, you: would engage in criminal conduct; harass another person in Australia; vilify a segment of the Australian community; incite discord in the Australian community; or become involved in activities that are disruptive or bring harm to the Australian community or a segment of that community. For further information on the character requirements, see Fact sheet 79 The character requirement, which is available from the departments website www.immi.gov.au/media/fact-sheets/, from your nearest ofce of the department or Australian mission.
Police checks
As part of having to satisfy the character test, you must provide police checks. Such evidence will be considered in determining whether or not you can meet the character requirements. Police checks are required for yourself and each of your dependants (whether migrating or not) who are aged 16 years or over. You should obtain a police check for each country in which you or your dependants have resided during the last 10 years where: the period of residence was 12 months or longer (in total); and the person was aged 16 years or over at the time of residence. You must provide the department with originals of police checks. These will generally not be returned to you, so you should make copies for your own records. In undertaking character test assessment, the department may contact you and your dependants seeking additional personal information.
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Note: If you are required to provide an Australian police check (also known as an Australian penal clearance certicate), you must complete the National Police Check application form that is available from the Australian Federal Police (AFP) website www.afp.gov.au You should use Code 33 at Question 1 on the form and include details of any, and all, names you have been known by. If an AFP certicate is provided based on incorrect information, the department may request another certicate. Fingerprints are not required for National Police Checks. Police checks are valid only for 12 months from the date of issue. More information on police checks, including overseas police checks, is available from the departments website www.immi.gov.au/allforms/character-requirements/
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Dependent children
To be considered your dependent child, your child must: be under 18 years of age; or if aged 18 years or over, have been wholly or substantially dependent on you for a substantial period (at least 12 months) for their basic needs (food, clothing and shelter); or if aged 18 years or over, have a total or partial loss of their bodily or mental functions that stops them from earning a living (whether or not they migrate with you). If your child (regardless of their age) is married, in a de facto relationship or is engaged to be married, they will not be considered to be dependent.
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Custody requirement
The department seeks to ensure that allowing a child to migrate is not in contravention of Australias international obligations in relation to the prevention of child abduction. If your application includes a child under 18 years of age and that childs other parent is not migrating with you, or there is any other person who has the legal right to determine where that child can live, you will need to provide the evidence as outlined below. For each child aged under 18 years, you will need to provide one of the following: evidence that the law of your home country permits you to remove the child to Australia. This could include an overseas court order granting you sole custody of the child; evidence that each person who can lawfully determine where the child is to live consents to the grant of the visa. Such evidence should be either: a statutory declaration or a legal document signed by the childs other parent (or any other person who can lawfully determine where the child shall live) consenting to the grant of the visa; or evidence that the childs other parent is dead, such as a certied copy of the death certicate; and evidence that the grant of the visa would be consistent with any Australian child order in force in relation to the child. Such evidence should be the original or certied copy of the Australian Court order providing you with sole responsibility to decide where the child should live. In the case of a step-child, you will need to provide evidence that you were in a partner relationship with the childs natural parent and that you have been awarded one of the following: a parenting order in force under the Family Law Act 1975 under which the parent is the person with whom a child is to live, or who is to be responsible for the childs long-term or day-to-day care, welfare and development; or guardianship or custody, whether jointly or otherwise, under a Commonwealth, state or territory law or a law in force in a foreign country.
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When you can include your other dependent relatives to your application
A dependent relative (other than a dependent child) can be included in your partner category visa application only when you initially ll in that application. A dependent relative cannot be added to your partner category visa application after you have lodged your application. However, your dependent relative is able to be considered for a Partner visa (subclass 820/801) if: they are in Australia; they can satisfy the requirement that they are a member of your family unit; you arrived in Australia as a Prospective Marriage visa (subclass 300) holder and you have lodged a Partner visa (subclass 820/801) application when in Australia; and before a decision is made on your permanent Partner visa (subclass 801) application, they have lodged a separate Partner visa application and have paid a Visa Application Charge. Their application may then be processed together with your Partner visa application.
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Medical costs
You will be required to pay any charges associated with medical and x-ray examinations. The doctor sets the cost of the examinations.
Character costs
You may be required to pay a charge for obtaining police checks. This charge varies from country to country. When you are required to obtain your own police checks, you are personally responsible for all arrangements.
Other costs
You should also be prepared to pay other costs associated with your application, such as the cost of translations of some documents.
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Certied copies
Do not supply original documents with your application unless asked to do so. If an original document is required at any stage, the department will ask for it. Please note that police checks are the exception. You must provide original police checks. You should provide certied copies of original documents. Certied copies are copies authorised, or stamped as being true copies of originals, by a person or agency recognised by the law of the country in which you currently reside. All Australian missions have the facility to certify or witness documents and statutory declarations if necessary (this service may attract a charge). For certication in Australia, see the indicative list of persons on the next page under Who can witness statutory declarations and/or form888.
Statutory declarations
When assessing a Partner visa application, the department is required to consider: statements from you and your sponsor regarding the history of your partner relationship; and the social aspects of your relationship derived from, amongst other evidence, statements to support your claims from persons who know you and your partner. The department prefers that these statements not be duplicates of each other, ie. formulaic, but should be written in each declarants own words. Otherwise, the department may request that you provide new statements.
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postal manager or permanent employee of the Australian Postal Commission with 5 or more continuous years of service; police ofcer; or public servant with 5 or more continuous years of service. A full list of prescribed persons can be found in the Statutory Declarations Regulations1993, which is available through the Attorney-Generals Department website www.ag.gov.au/Statutorydeclarations/Pages/Statutorydeclarationsignatorylist.aspx. A blank statutory declaration form is also available from the same website. Note: Under the Statutory Declarations Act 1959, people who intentionally make a false statement in a statutory declaration are liable for punishment of up to 4 years imprisonment. In addition, the Migration Act 1958 provides penalties of up to 12months imprisonment or a ne of up to AUD12,000 for providing false or misleading statements.
English translations
Documents in languages other than English that you provide with you partner category visa application must also be accompanied by an accurate English translation of each of those documents. If you are applying for a Partner visa in Australia and you are therefore having documents translated in Australia, it is recommended that you use a translator who has been accredited by the National Accreditation Authority for Translations and Interpreters (NAATI). Further information on NAATI is available from their website www.naati.com.au If you are applying for a partner category visa outside Australia and you are therefore having documents translated outside Australia, it is recommended that you use a translator who is professionally qualied.
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Eligibility requirements
To be eligible for a Prospective Marriage visa, you must: be sponsored (see Sponsorship eligibility on page 14); be aged 18 years or over (or if you are aged 16 years or over but less than 18 years, you have an Australian court order allowing you to marry your intended spouse); be of the opposite sex to your intended spouse; have met (as adults) your intended spouse in person and know him or her. This must be the case even if: it is an arranged marriage; you and your sponsor met as children and the marriage was arranged before you turned 18years of age; or you met on the internet (exchanging photographs is not evidence of having met in person); have no impediment to marrying your intended spouse, that is: you are both free to marry; you are both of marriageable age; and the intended marriage is able to be recognised under Australian law; genuinely intend to marry your intended spouse; genuinely intend to live with your intended spouse as husband and wife; and meet health and character requirements. Your anc(e) in Australia can be aged under 18 years if they have an Australian court order allowing them to marry you. In these circumstances, their parent or guardian must be your sponsor and they must be an Australian citizen, a permanent resident or eligible New Zealand citizen aged 18 years or over. In addition, if your anc(e) is aged under 18 years and is in Australia, you must be aged 18 years or over since, under Australian law, there is no provision for permission to be granted to allow an underage couple to marry. For more information about court orders, see the Attorney-Generals Department website on family law www.familylaw.gov.au/accesspoint
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if the dependant is aged under 18 years, an Australian National Police Check or overseas police certicate(s) from the sponsor (see pages 1617). For more information on dependent family members, see pages 2225.
If you do not marry your anc(e) after Prospective Marriage visa grant
If you do not marry your anc(e) within the 9-month period of the Prospective Marriage visa, you may not be able to remain in Australia and apply for a Partner visa onshore. Your Prospective Marriage visa would have been granted to you on the basis that you were assessed as genuinely intending to marry your anc(e). If you do not travel to Australia and marry your anc(e) within the 9-month period of the visa, it may be cancelled and, if you are in Australia, you will have to leave Australia. If you marry a person other than your anc(e), you may still be able to lodge an application for a Partner visa in Australia (see page 34). However, in many cases, if you do not marry your anc(e) or if you marry another person instead, your Prospective Marriage visa may be cancelled and, if you are in Australia, you could be required to leave Australia.
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Eligibility requirements
Married spouses (de jure)
To apply in Australia for a Partner visa on the basis of marriage, you must be legally married to your partner (in most cases, your sponsor). To apply outside Australia on the basis of marriage, you must either be legally married to your partner at time of application or intend to legally marry your partner in the near future (before a decision is made on the temporary Partner visa). If you were married in a country other than Australia and that marriage is valid in that country, generally it will be recognised as valid under Australian law. There are some exceptions, such as same-sex, underage or polygamous marriages, which are not accepted in Australia. For more information on marriages recognised in Australia, see the Attorney-Generals Department website on family law www.familylaw.gov.au/accesspoint To be eligible for a Partner visa on the basis of your marriage, you must: be sponsored by an eligible person (see Sponsorship eligibility on page 14) be legally married to your partner (usually your sponsor); show that you and your partner have a mutual commitment to a shared life as husband and wife to the exclusion of all others; show that you have a genuine and continuing relationship with your partner (see page 39); show that you and your partner are living together or, if not, that any separation is only temporary; and meet health and character requirements (see pages 1921).
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Applicant
You must provide certied copies of the following: birth certicate showing both parents names; OR one of following: Baptism certicate, passport, family book showing both parents names, identity document issued by the government, document issued by a court that veries your identity. If none of these are available, other acceptable evidence of your identity must be provided; evidence of any name changes (for example, deed poll, marriage certicates or divorce certicates); your current passport or travel document, and all your previous passports or travel documents; and if you have served in the armed forces of any country, certied copies of your military service record or discharge papers.
Applicants dependants
For each dependant, you must provide certied copies of the following: birth certicate showing both parents names; OR one of following: Baptism certicate, passport, family book showing both parents names, identity document issued by the government, document issued by a court that veries the persons identity. If none of these are available, other acceptable evidence of their identity must be provided; evidence of any name changes (for example, deed poll, previous marriage registry extracts or divorce certicates); their current passport or travel document, and all their previous passports or travel documents; if any of your dependants have served in the armed forces of any country, certied copies of their military service record or discharge papers; custody documents (for example, adoption certicates, court orders); and if any of your dependants have previously been married, the previous marriage registry extract; a copy of the divorce decree absolute, annulment papers, or the death certicate of the deceased spouse (as appropriate).
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Sponsor
You must provide certied copies of the following: evidence of your sponsors status (for example, certied copy of birth certicate, Australian passport or foreign passport containing evidence of proof of residency or, for New Zealand citizens, evidence of New Zealand citizenship and evidence of length of residence in Australia, such as certied copies of passport pages); and evidence of any name changes your sponsor may have had (for example, deed poll, previous marriage registry extracts or divorce certicates).
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Change of address
If you change your residential address for longer than 14 days while your partner category visa application is being processed, you must tell the department. You can do this by either: writing to the department and include in your statement your new address and telephone number, when you moved, or will move, and for how long you expect to be there, as well as your full name, date of birth, your le number and, if you applied for a Partner visa from outside Australia, the ofce at which your application was made; or complete and give to the department form 929 Change of address and/or passport details, which is available from the departments website www.immi.gov.au/allforms/, from any ofce of the department or Australian mission. The department will then send communication about your application to the latest address for correspondence you have provided (unless you have authorised another person or migration agent to receive on your behalf all communication relating to your partner category visa application see page 43). Note: Form 47SP serves as an application for both the temporary and permanent Partner visas. As an address for correspondence is required when the permanent visa is processed (usually 2 years after you lodged your application), if your address for correspondence has changed at any time since you applied, please advise the department of that new address. This is particularly important if you applied for, and were granted, a temporary Partner visa outside Australia and are now in Australia. The department needs to be able to contact you to enable processing of your permanent Partner visa application to continue.
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Bridging visas
If you apply for a partner category visa in Australia, you will usually be eligible for a bridging visa. A bridging visa keeps you lawfully in Australia in the event that: your current visa ceases before a decision is made by the department on your partner category visa application; and/or your partner category visa application is refused and you apply for merits review of the decision. If you wish to travel overseas while your partner category visa application is being considered, you may need to apply for a specic bridging visa to allow you to travel overseas and then return to Australia. To be granted such a bridging visa, you will have to provide reasons for the travel and then the travel component of the visa will be tailored accordingly. For further information on bridging visas, see the departments website www.immi.gov.au
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Partner Migration
Including a newborn child after you apply for a partner category visa
If a child is born to you and your partner after you have applied for your partner category visa, under migration law, your child will have automatically been included in your partner category visa application. However you should write to the ofce processing your visa application to tell them that the child has been born and include a certied copy of the birth certicate so that the decision maker knows that the child is also included in your visa application. If your child was born overseas and the childs other parent was an Australian citizen at the time of the childs birth, the child may be eligible for registration as an Australian citizen by descent. If your child was born in Australia, your child will have automatically been granted the same visas that you and your partner hold at the time of your childs birth. If the childs other parent was an Australian citizen or permanent resident at the time of the childs birth, the child may be an Australian citizen by birth.
Including a dependent child in your application after you are granted a temporary Partner visa
Once you have been granted your temporary Partner visa, your dependent child cannot be added to your permanent visa application. However, your child may apply for a Dependent Child visa (subclass 445) by lodging a form 918 Application for an extended eligibility (temporary) visa by a dependent child, which is available from the departments website www.immi.gov.au/allforms/, from any ofce of the department or Australian mission overseas. Your dependent child can then apply on form 1002 Application by a subclass 445 dependent child for a permanent Partner visa, for a permanent Partner visa of the same class as the one you have applied for.
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Australian Government
Department of Immigration and Citizenship www.immi.gov.au/business/title.htm Including information on: business entry and skilled migration contacts for Australian missions overseas business trips to Australia With links to: Australian missions overseas Australian Government websites Useful business websites Business Entry Point www.business.gov.au Australian Taxation Ofce www.ato.gov.au
State/Territory Governments
Australian Capital Territory ACT Government www.business.act.gov.au New South Wales Department of State and Regional Development www.business.nsw.gov.au Northern Territory Department of Industries and Business Enquiries to: [email protected] Queensland Department of Tourism, Regional Development and Industry www.migration.qld.gov.au South Australia Immigration South Australia www.immigration.sa.gov.au Tasmania Tasmanian Government www.tas.gov.au Victoria State Government of Victoria www.liveinvictoria.vic.gov.au Western Australia Small Business Development Corporation www.sbdc.com.au
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