Get an Australian Visa

Would you like your girlfriend or partner to visit you in Australia?

Are you looking for quality advice that will get you a successful grant?

Don’t risk a visa refusal when you could get it right the first time!

Get up-to-date professional advice that will help you bring your loved one home quicker, easier and cheaper!

Put your name and email address into the form and we will contact you immediately.


We have a 100% success rate!

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How Can We Help You?

  • We Can Help You Get A Visa For Your Girlfriend, Spouse, Or Partner
  • We Can Take The Stress Out Of Doing The Visa Yourself By Guiding And Advising You Throughout The Whole Process
  • We Can Save You Money

That means we can help you get your loved one home - quicker, easier and cheaper!

Contact Us – We are looking forward to hearing from you! From all the team at ‘Australian Visa Advice’.

The Next Step

Why should You Chose Us?

Our Aims

Who We Are

Our Success Rate

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The Next Step

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Initial  Consultation

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We offer you a comprehensive initial consultation free of charge. The process is really easy:

  1. Enter your name and email address here.
  2. We will email you asking you for your contact number (landline / skype) and a convenient time for us to call.
  3. Hit reply and our Migration Consultant will call you at that time.

It really is easy!

During the consultation our Migration Consultant will make an assessment of your case, and will discuss with you some of the following issues:

  • advice on correct visa category;
  • sponsorship support;
  • advice on visa application;
  • response to questions;
  • details of all costs.

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Why is this Assessment Important?

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You will get a much clearer idea of your possible visa options, processing times, costs and overall eligibility!

Our pre-application assessment allows our Migration Consultant to weigh up the strengths and weaknesses of your case. This will enable us to best advice you on your next course of action. This allows you to avoid wasted time and application fees!

If you have any questions or would like more information, please Contact Us.


Why Should You Choose Us?

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Because we can help you get your loved one home - quicker, easier and cheaper!

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  1. We have a proven 100% success rate!
  2. We charge reasonable prices – providing you value for money.
  3. We offer personalized, in-depth assesssement procedures with ongoing support and assistance.
  4. We protect you from the risks – giving you peace of mind!

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Our Staff are Approachable and Professional:

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  • All of our staff are experienced and fully qualified in Australian Immigration Law.
  • We are dedicated and committed to maintaining our professional standards.
  • This keeps our industry knowledge up-to-date – which ensures you the best chance of success!
  • We use Thai speaking, professional translators in all of our communication with Thai Nationals.

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We Will Do Our Best To:

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Maximize your chances of visa approval by ensuring that your application is 100% thorough and complete.

Give you professional advice that takes into account your circumstances – which helps you avoid costly delays and mistakes!

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You To Choose The Type And Level Of Assistance You Need:

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You choose the level of service that you need from our range of services.

Chose the level that best suits your needs and your budget, from our DIY package to our full visa and document preparation service.

During your initial consultation our Migration Consultant will examine your circumstances – giving  you all the information you need to make an informed decision!

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Our services include:

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  • Online, telephone, or face-to-face consultations.
  • Professional visa and immigration consultation and advice.
  • Advice and support for completing your own DIY application.
  • Advice and support plus the preparation of documents for our full visa service.

Regardless of which level of service you use, you can be confident that are getting the most up-to-date, professional advice from a fully qualified and experienced Australian Migration Agent!

Why not Contact Us now, and take the first step towards your new life. Get your loved one home today!


Our Aims

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Our aims are simple:

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We want to help you get your loved ones a visa for Australia and we want to protect you and your loved ones from the high risk of application FAILURE or UNNESSESARY DELAY in the visa process.

Follow these links to read more about the service we offer:

* Free Assessment*   *Our Services* *About Us*   *Our Success Rate*   *Contact Us*


Who We Are

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  • We are a team of qualified migration professionals who aim to keep our standards high, and our prices low.
  • We strongly adhere to the code of conduct and ethics of the professional bodies of the countries in which we operate.
  • We pride ourselves on providing a friendly, personal service while maintaining the highest possible standards of professionalism, confidentiality, integrity and dedication.
  • Over the years, we have established an impressive reputation for assisting partners and family members to visit Australia, on both temporary and permanent visas.
  • As a result, many former clients refer their friends to us.

Our visa success rate, to date, is 100%

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Expertise in Thai

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We are a team of highly regarded and qualified Australian Migration Consultants.

We have helped many Australians get their girlfriends and partners back home and he has an excellent knowledge of Thailand.


Our Success Rate

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Our Visa Application Success Rate is 100%!

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We understand that the decision to take your partner or spouse back to Australia is a big one, and you want to be sure that you obtain the correct visa. However, the visa process can be tricky to navigate on your own and many potential visitors to Australia grossly underestimate the possibility that their application may be refused.

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50% of DIY Applications Fail!

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Industry feedback has indicated that an estimated 30% of all applicants who lodge their application online and directly with immigration authorities get it WRONG and FAIL because they did not use a registered migration agent to compile and double check their application and immigration eligibility first.

It is estimated that a further 20% of applicants who do not use an agent become confused and frustrated with application process and find it difficult or impossible to get answers to their specific concerns or questions from immigration authorities. As a result, they unnecessarily drop out of application process.

Overall, this equates to an estimated up to 50% FAILURE RATE for “do-it-yourself” applicants applying directly to immigration authorities.

This compares with a SUCCESS RATE OF 100% for applicants that apply through our Migration Consultancy.

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Australian Visa Advice

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That’s why we’re here to help.

We can help you avoid the application pitfalls, as well as removing the complexities and the risks out of your application process. Don’t go through visa application process by yourself and risk failing. Get it right the first time!

We offer you a service that ensures that your application has the best possible chance of success. We guarantee that your application will be the very best that it can be. And our personal guarantee is that if it does fail, we will resubmit the application for you free of charge.

Our SUCCESS RATE = 100%  to date, for all our temporary and permanent visa applications.

Still have questions? Want more info…? Contact Us today!



Applying for an extension

My girlfriend is in Australia on a tourist visa, can she apply for an extension?

Applying for an extension

The answer to this very much depends on whether your Thai girlfriend has the no further stay condition (Condition 8503) attached to her current tourist visa.

  • If she has, then she unfortunately must leave Australia to apply for any other visa.

In very exceptional circumstances the no further stay condition can be waived, but generally speaking she must depart Australia to apply for any other visa. The only other visa that can be applied for is a protection visa if the no further stay condition is attached.

  • If she doesn’t have the no further stay condition attached then she has a few options available.

The e676 tourist visa

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If she only wants to stay less than 3 months more in Australia, she may consider applying online for an e676 tourist visa.

She still needs to satisfy the genuine visitor criteria, but this can simply be applied for online through the DIAC website.

Whilst this visa is being processed, your girlfriend will be granted a bridging visa that will allow her to remain lawfully in Australia. It should be noted however that if she will be remaining in Australia for more than 3 months she will be required to undergo a chest x-ray as Thailand is a high risk country, especially for TB.

The Department of Immigration and Citizenship (DIAC) will notify you of this any other documentation that may be required after you apply online.

Subclass 676 tourist visa

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If your girlfriend wishes to apply for more than 3 months, and she does not have the no further stay condition, then she must apply for a subclass 676 tourist visa by way of submitting a paper application at the nearest DIAC office. Again, she will need to undergo a chest x-ray and further satisfy the genuine visitor criteria.

As with the e676 application outlined above, she will be granted a bridging visa that will allow her to remain lawfully in Australia during the processing of her onshore tourist visa application.

Are you in the process of applying for an Australian Visa for your partner? Looking for help and quality advice? Look no further! Australian Visa Advice – Helping you bring your loved one home.

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Australian Visa: health criteria

Australia has very strict health requirements that must be satisfied when it comes to grant of particular subclass of visa. If the health requirements are not satisfied, then the visa will be refused.

What is the health criteria?

All applicants for an Australian partner visa or fiancé visa must satisfy Australia’s stringent health criteria in order to be granted a visa.

Likewise, all primary and secondary applicants must pass the health requirement for the grant of a particular visa.

If an application, eg: for a partner visa, includes primary and secondary applicant, then the general rule is, that if one person fails the health criteria, they all fail.

This has been referred to as the ‘one fails, all fail’ rule.

There are however circumstances where someone who fails the health criteria can nonetheless be granted a health waiver and as such a visa.

The health requirements that must be satisfied are generally determined by the visa being applied for, the length of time that the applicant is intending to remain in Australia, and lastly whether any special significance requirements exist. It is also important in assessing the health requirement to look at which country the applicant is from and where they have previously resided. If there are special significance requirements then the health requirements may be above the minimum required.

Health tests

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Health test that may be required include medical and radiological examinations.

The costs for such test must be paid for by the applicant and are not included in the relevant visa application charge.

The costs for the health tests should be factored into any visa application, and can be considerable when the application includes several secondary applicants, and even immediate members of the primary applicants family who are not intending to migrate.

Family members must test too

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Even if immediate members of the primary applicant are not intending to migrate to Australia, they too must satisfy the health criteria. This is often referred to as the ‘one fails, all fail system’. For example if a partner visa or fiancé visa applicant lodges a visa application he or she must satisfy the health criterion that is in force at the time of application. That applicant may have a dependant family member, a child for example, who is not included in the application to migrate. Nonetheless the non-migrating child must pass the health criteria too.

If the child fails the health criteria and the Department of Immigration and Citizenship (DIAC) is unable to waive health requirement for that child, then the primary application will be refused. There are however certain exceptions where it is deemed unreasonable for a non-migrating family member to undergo a health assessment.

Expiring tests

When undergoing any health tests for an Australian visa they are usually valid for 12 months from the date the test was undertaken.

Applicants should be aware that if the processing of their visa application takes more than 12 months, and the health tests were undertaken more than 12 months ago, they will have to re-do their test at their own expense.

Unless required to do so to submit your visa application, it is recommended that you wait until you are advised to undergo a health test.

Health requirements: Australian partner visa

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For partner visas, applicants must undergo both a medical and radiological examination using the approved forms.

If the examinations are undertaken outside Australia, then they must be performed by an approved medical specialist.

You should wait until you have lodged your application before having any examinations. Your case officer will advise you what examinations need to be undertaken.

Australian tourist visa / fiancé visa / spouse visa for yourself, or for your partner?  Australian Visa Advice – Helping you bring your loved one home!

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The no further stay condition

What does the no further stay condition attached to my Thai partner’s visitor visa exactly mean?

The no further stay condition

The most general no further stay condition is Condition 8503.

For several Australian visas the no further stay condition is mandatory, and it must be attached as a condition of that visa granted.

For other visas the decision maker has discretion whether or not to attach the condition.

Sponsored family visitor visa

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If your Thai partner is the holder of a sponsored family visitor visa then this condition will certainly be attached to that visa as there is no absolutely no discretion available to the decision maker to not impose it.

Tourist visa

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If your Thai partner has been issued a tourist visa then it is quite possible that she may not have the condition attached to her tourist visa.

Where a decision-maker has the discretion to attach the no further stay condition, it is generally done so where the decision maker has some residual concerns that the applicant may not be intending to visit Australia as a genuine visitor only, yet there is not compelling evidence to suggest that she does not have a genuine intention.

When you girlfriend was issued her tourist visa she would have received a letter that stated the conditions which were attached to her tourist visa. Some of the conditions may also include that she must not work whilst in Australia or engage in any study for more than three months.

Visa labels

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Australia has started to not place visa labels in passports, and as such all of the visa information pertaining to your girlfriend’s visas is now stored electronically on the Department of Immigration and Citizenships (DIAC) mainframe. It is however recommended to always carry the letter with you when travelling.

The significance of the no further stay condition, when attached to a visa, is that your girlfriend is prevented from applying for any other visa whilst she remains in Australia. She therefore must depart Australia if she intends to then apply for a further Australian visa. This includes tourist visa extensions too.

In exceptional circumstances beyond the control of the visa holder the no further stay condition may be waived.

You can be successful! It can stress free! Find out how, here: **Australia Visa Application**

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What’s the difference between a permanent visa and a temporary visa?

Once a person is granted a permanent visa they are permitted to travel to and remain in Australia permanently.

Temporary Visa

A temporary visa however permits the visa holder to travel to Australia and remain until a specified period of time. A temporary visa holder must either depart Australia before their temporary visa expires, or if their temporary visa permits apply for another visa whilst they are in Australia.

A person who is in Australia as the holder of a temporary visa should never let their visa expire without departing. If this occurs then the person will become an unlawful non-citizen and be subject to removal from Australia. Once a person becomes an unlawful non citizen they will have only a very small number of options available to them to remain lawfully in Australia.

There are currently over 150 different Australian visas, both temporary and permanent.

Tourist visas

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The most obvious temporary visas are for tourists and there are several different categories of tourist visas, such as:

  • the subclass 676 tourist visa,
  • the subclass 679 sponsored family visitor visa,
  • and the electronic travel authority visa, known in short as an ETA visa.

Depending upon  the passport you hold, this will determine the appropriate visa for you if you want to visit Australia as a tourist. If you are from countries such as Japan, Hong Kong or Singapore, then you would be eligible for an ETA visa. If  however you are from countries such as Thailand, Vietnam or the Philippines, then unfortunately you would not qualify for an ETA visa and would therefore have to make a paper application for a subclass 676 tourist visa.

All visitors to Australia must have a genuine intention to visit Australia as genuine visitors only, and have access to adequate funds to support themselves during their stay in Australia.

Those who have to apply for a subclass 676 visa need to supply documentary evidence to support their application.

Lastly if you have a relative in Australia who is either an Australian citizen or Australian permanent resident, and they are prepared to sponsor your visit to Australia, then you may be able to qualify for a subclass 679 sponsored family visitor visa. It should be noted however that holders of sponsored family visitor visas must depart Australia prior to their visa expiring, and furthermore they cannot apply for an extension or any other visa whilst they are in Australia.

Permanent visa

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Australia has two main pathways for Australian permanent residency, the family migration stream and the skilled migration stream. Skilled migration is where the applicant has relevant qualifications, work experience and skills that Australia is in demand for. Skilled visas require the applicant to reach a certain amount of points to satisfy the eligibility for a skilled migrant visa. Points are awarded for many things, such as age, level of English literacy, qualifications, skills and recent work experience.

Partner Visa

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One of the most common permanent visas under the family migration stream is the partner visa. This is where the applicant is in a genuine a continuing relationship with an Australian citizen or Australian permanent resident. The relationship must be either a marriage which is legally recognized in Australia, or a de- facto relationship. The requirements for an Australian partner visa based on a de-facto relationship is that the applicant and sponsor have been living together in a genuine spouse like relationship without any significant period of separation for at least 12 months immediately prior to date of application.

Both the applicant and sponsor must satisfy certain eligibility criteria, or the visa will not be granted. For example, the sponsor, being the Australian citizen or Australian permanent resident, must be an approved sponsor, in that they can demonstrate that they can provide adequate accommodation and financial support for their partners first two years of settlement.

Apart from the applicant and sponsor having to evidence that they are in a genuine relationship, the applicant must be able to satisfy Australia’s health a character criteria.

Lastly, partner visa applicants can include in most cases their dependent family members, such as their children for example. Where this happens, the included applicants are known as secondary applicants and the applicant is making a combined partner visa application. All secondary applicants must satisfy their own criteria too. Any dependents of the applicant must satisfy the health and character criteria, whether they are intending to migrate or not. Even if a non migrating dependent fails the health and character requirements, notwithstanding that they are not included in the partner visa application, it can in some cases result in the primary applicants application for a partner visa being refused.

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Custody requirements

My Thai wife wants to include her children from a previous marriage in her Australian partner visa.

What is meant by the custody requirements?

When assessing an Australian partner visa application, or in fact any Australian permanent visa application that includes a child applicant, the Department of Immigration and Citizenship (DIAC) will need to be satisfied that in granting the visa, that is, allowing the child to migrate to Australia, it is not in any contravention of Australia’s international obligations to prevent child abduction.

If your Thai wife wants to include any dependent child under 18 years of age, and the child’s other parent is not migrating to Australia too, then the following evidence must be submitted with the partner visa application. Evidence that each person that can legally decide where the child can live consents to the grant of the visa.

If the parent is deceased

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If the other parent is now deceased a certified copy of that parents death certificate. If the migrating parent has the sole custody and responsibility in determining where the child can live, then a certified copy of the court order should also be included in the partner visa application.

Where an applicant includes a dependant family member in their partner visa application and that family member is under 18 years of age, one of the criteria that must be satisfied is that no compelling circumstances exist to believe that the grant of the visa would not be in the best interests of the dependent child.

Note too that the partner visa applicant’s sponsorship undertaking extends to all secondary applicants such as dependent children. As part of satisfying their sponsorship eligibility, all sponsors must submit an Australian National Police Check if the sponsor has spent a total of 12 months or more in Australia since turning 16 years of age.

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Dependant relatives

Can my Thai wife include other dependant relatives in her Australian partner visa application?

Dependant relatives

This is a question that is often asked, and causes some confusion. Particularly as Thai culture places such a large emphasis and importance on the family unit. It is not uncommon in Thailand for many extended members of the applicant’s family to live under the same roof. Although this is not very common in western countries it is very common in Thailand.

Including relatives in a partner visa

If your Thai wife or partner has a dependent child, then that child can be included in her partner visa application. By partner visa application we are also referring to the fiancé visa application too, that is, the prospective marriage visa.  She will not need to lodge a separate application for the child. If however the child is not currently migrating, but intending to migrate at a later date, then a separate application must be lodged for the child.

The question that often arises however is what other dependant relatives may also be included in your Thai wife’s partner visa application. It is not every family member of your Thai wife that will be eligible to migrate to Australia.

Assesing who is a dependant relative

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In order to be assessed being a dependant relative the person must be either the applicants parent, sister, brother, step sister or brother, nephew or niece, step-grand parent, step-grand child, step-aunt, step-uncle step-niece or step nephew. Sounds confusing? However any of those persons must also be single, usually resident in your household and wholly or substantially reliant upon the applicant for their basic living needs such as food, clothing and accommodation. In short there must be reliance upon the applicant.

Furthermore the relative must have been reliant upon you for at least the 12 months prior to the lodgment of the partner visa application and more reliant upon the applicant for the substantial support than any other person or source. As you can therefore easily assess it is not every relative that would be classed as a dependant relative and able to be included in your Thai wife’s Australian partner visa application.

Get all the help you need on your visa application. Australian Tourist visa, Fiancé visa, Spouse visa and Partner visas.  Find out how, here: Australian Visa Advice.

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Sponsorship eligibility for an Australian partner visa

All Australian partner visa applicants must have a sponsor. For partner visa purposes this includes fiancé visas, known as a prospective marriage visa, and partner visas whether the application is based on legal marriage or a de-facto relationship.

Sponsorship eligibility for an Australian partner visa

Unlike skilled migration visas, where the application criteria is based on the skills and qualifications and relevant work history that the intending migrant has, the family migration stream is based on the applicant having a genuine relationship with a person who is either an Australian citizen, Australian permanent resident or eligible New Zealand citizen. Not all New Zealand citizens will meet the requirement of being classed as eligible.

The sponsor must be prepared to not only sponsor the applicant, known as the primary applicant, but any dependant family members who are also included in the application as secondary applicants as well. For example, if an applicant has lodged an Australian fiancé visa application, and the applicant has a child from previous relationship, then the child can be included as a secondary applicant. The applicant would be making what is known as a combined fiancé visa application, or combined prospective marriage visa application. The terms fiancé visa and prospective marriage visa are in fact interchangeable and mean the same thing.

Sponsorship eligibilty, secondary applicant

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In the example above the sponsor obligations would also extend to the child as well. Depending upon the type of visa being applied for the Migration Regulations provide for exactly who can be considered secondary applicants for the purposes of making a combined application for that particular type of visa. Not all members of an applicant’s family can be included as secondary applicants. Generally it is only dependant family members of the applicant.

Sponsors must satisfy a wide range of criteria in order to be eligible to sponsor their partner or fiancé, which also includes any secondary applicants if they are also included in the application. To determine whether you are eligible to sponsor your partner or fiancé it is first recommended that you complete the sponsorship to migrate to Australia form which is available from the Department of Immigration and Citizenship (DIAC).

You can be successful and get an Australian partner visa! ! It can be stress free! Find out how, here: **Australia Visa Application**

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The limitations on sponsoring a partner or fiancé

Are there any limitations on sponsoring a partner or fiancé for an Australian partner visa?

The limitations on sponsoring a partner or fiancé

It is very important to note that if you have a partner who you may be married to, in a de-facto relationship with, or engaged to, that is your fiancé, and that partner is considering applying for a partner visa. In some circumstances it could be the case that your partner’s application may not be successful because your sponsorship is affected.
Some of the circumstances where your sponsorship can be affected are where you have previously sponsored two or more partner visa applicants or sponsored another applicant within the past 5 years, or you yourself were sponsored as a partner or fiancé in the past 5 years.

Compelling circumstances

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Although the Migration Regulations provides for strict criteria with regards to limitations on sponsorship for partner visas. If your sponsorship is affected, then in compelling circumstances you may still nonetheless have your sponsorship approved. Generally these are circumstances where your previous partner has died, your previous partner has abandoned the relationship and there are young children involved. Other circumstances make include that you are now in a long standing relationship with your current partner or fiancé, or that you have children with your current partner or fiancé.

The limitations that are placed on sponsorship may seem harsh to some, but they have been put in place to prevent abuse of Australia’s partner migration program. If your sponsorship is affected then it is very important to get proper advice as soon as possible. If your sponsorship is refused, then your partner or fiancés visa application must be refused as well.

As stated in compelling circumstances your may be eligible for a waiver. The decision maker at the Department of Immigration and Citizenship (DIAC) will take all relevant circumstances into consideration when deciding on whether or not to exercise their discretion. The decision maker will also take into account your ties with Australia and whether refusing the sponsorship would result in any hardship or detriment.

Are you in the process of applying for a visa for Australia, for your partner or loved one?

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All partner visa applicants must have a sponsor

What are my obligations when sponsoring my partner for an Australian fiancé visa or a partner visa?

All partner visa applicants must have a sponsor

However not all people will be eligile to sponsors their partners. There are circumstances where a sponsor may be precluded from being an eligible sponsor. This can be for a number of reasons, previously sponsoring two or more partner visa applicants, or being sponsored themselves for a partner visa within the last five years.

Sponsoring an Australian visa applicant

All partner and fiancé visa sponsors sign an undertaking on their sponsorship form which is submitted with the applicant’s application. The sponsorship must be submitted at the time as the applicant’s partner or fiancé visa application.

If your fiancé is applying for a fiancé visa, knows as a prospective marriage visa, as the sponsor you will be solely responsible for all financial obligations that your fiancé may incur during his or her stay in Australia. This is why part of your sponsorship assessment the Department of Immigration will need to know your employment and financial circumstances.

If however your partner is granted a partner visa, as the sponsor you must provide adequate accommodation and financial assistance that is needed to meet your partners living needs. It is accepted that this requirements extends to reasonable living needs.

Sponsoring an offshore partner visa application

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If your partner is lodging an offshore partner visa application, then you are required to provide your partner with adequate accommodation and financial assistance to cover their first two years in Australia. If your partner is applying onshore, then the assistance would cover the two years after the successful grant of the temporary partner visa.

In short you must be able to provide for your partner from the time they are granted the temporary partner visa until the grant of the permanent partner visa. This period of time is generally two years. As part of a well thorough and well prepared partner visa application the sponsor should include documentary evidence that support their ability to provide accommodation and financial assistance to their partner.

If your partner’s application includes secondary applicants, then your sponsorship undertaking extends to all secondary applicants as well. For this reason it is very important to first ascertain whether you have the capacity to provide the support for not only your partner, but any included secondary applicants.

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If your partner visa or fiancé visa relationship breaks down

What happens if the partner visa or fiancé visa relationship breaks down?

Marital breakdown

If you are a sponsor, and the relationship with your fiancé or partner has broken down, then you must notify the Department of Immigration and Citizenship (DIAC) as soon as reasonably possible.

This obligation extends to even before the visa is granted. So if you lodge your sponsorship with the application, and the relationship breaks down before the visa is granted, you must notify DIAC.

After you have notified DIAC, an officer from that department will make inquiries with the applicant to determine whether the relationship has in fact broken down. You will then be asked to withdraw your sponsorship.

After you withdraw your sponsorship

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Australia has very strong privacy laws. After your sponsorship has been formally withdrawn you will not be able to receive any further information or correspondence from DIAC in relation to your former partners or fiancés partner or fiancé visa application.

The applicant is also under a legal obligation to notify DIAC of any change in their circumstances, and this includes where a relationship has broken down. If an applicant fails to notify DIAC of their change in circumstances and a permanent partner visa is later granted on false information contained with a visa application, it can be cancelled because of the applicant’s failure to notify the department of their changes in circumstances.

In some circumstances, if your former partner or fiancé has already been granted a temporary visa and they are currently in Australia, then they may depending upon the circumstances be eligible for a permanent partner visa notwithstanding that the relationship between applicant and sponsor has broken down.

If the relationship has broken down both the applicant and sponsor must notify DIAC as soon as possible and it is highly advisable to seek independent advice on what options may be available.

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Does a Buddhist wedding ceremony count?

I am not married to my partner in the formal sense, however my girlfriend and I did have a Buddhist wedding ceremony in Thailand. Does this count towards getting an Australian spouse visa?

Buddhist marriage ceremonies

Generally there is no confusion when it comes to marriage. It must be a marriage that is legally recognised in Australia pursuant to the Marriage Act.

Some countries, such as Thailand for example have other marriage like ceremonies, such as a Buddhist marriage ceremony. If you are getting married in a county like Thailand, to your Thai partner, this in itself is not a legally recognised marriage for Australian partner migration purposes.

That is not to say that you can’t get married in Thailand and apply for a partner visa on the basis of a legally recognised marriage, but the Thai Buddhist ceremony itself would not suffice. If you were to marry in Thailand it must be registered. Then a certified and translated copy of the marriage certificate must be submitted with the partner visa application.

If you are not legally married

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If you are not legally married you may still be eligible to apply for a partner visa if you have been in a de-facto relationship with your partner. To be eligible for a partner visa on the basis of a de-facto relationship you generally need to satisfy the following criteria. Both the applicant and sponsor have been in a genuine relationship for at least the entire 12 months prior to lodging the partner visa application.

You need to be able to show you both you and your partner have a mutual commitment to a shared life to the exclusion of all others and that the relationship is genuine and continuing.

What exactly is the definition of a de-facto relationship?

And, do we qualify?

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Any applicant for an Australian partner visa must be legally married to their sponsor who must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

In assessing whether an applicant and sponsor are in a de-facto relationship you will need to show that you have been living together for the entire twelve months immediately prior to lodging the partner visa application. If there has been any period of separation during that 12 month period, then it must only be temporary.

When a partner visa application is submitted based on the de-facto relationship between applicant and sponsor, the Department of Immigration and Citizenship (DIAC) will take into consideration all of the evidence that establishes the genuineness of the relationship, such as living together full time, the sharing of important social and financial commitment for example.

A partner visa based on a de-facto relationship is the most appropriate visa for same sex couples. Currently same sex couples are ineligible to apply for a partner visa based on marriage or a prospective marriage visa.

You can do the Australian visa application yourself and you can be successful!

Get all the help you need for YOUR successful visa application! Australian Tourist visa, Fiancé visa, Spouse visa and Partner visas.  Find out more here: Australian Visa Advice.

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A child from a previous marriage

My partner has a child from a previous marriage. Can the child be included in her partner visa application?

Including a child in an Australian visa application

The visa type will dictate who can be included as a secondary applicant. Generally it is restricted to dependant members of the applicant’s immediate family unit. In most cases it will be children from a previous relationship, or perhaps even children from the current relationship between applicant and sponsor.

The applicant is always referred to as the primary applicant, and other applicants who can be included in

the application, known as a combined application, are known as the secondary applicants.

A child from a previous marriage

With regards to partner and fiancé visa applications, combined applications are very common. It is not uncommon for a partner visa application to include one or two children as secondary applicants.

All applicants, whether primary or secondary will have their own criteria that needs to be satisfied in order to be granted a visa including custody requirements.

Many issues arise however when children are included in a partner or fiancé visa application and they are not the biological children of the sponsor.

The Australian Governments primary concern is the safety and welfare of any children included in a visa application. When a decision maker at the Department of Immigration and Citizenship (DIAC) is assessing a partner or fiancé visa application that includes a child as a secondary applicant the decision maker will need to be sure that the sponsor has not had any convictions for child sex offences. This may indicate that the pose a significant risk to the child. If you are sponsoring an applicant and there is a child included as a secondary applicant then you will need to provide relevant police checks as part of the assessment of your sponsorship.

Another issue that frequently arises with regards to partner and fiancé visa applications that include children as secondary applicants, is that DIAC needs to be satisfied that those who have the legal responsibility to determine where a child can live consent to the child migrating to Australia permanently. It is presumed that both of the child’s natural parents have the joint responsibility in determining where a child shall live.

In the absence of a court order granting the applicant the sole responsibility for the child, a letter should be obtained from the child’s other parent which clearely states that he agrees to the child migrating to Australia permanently. If the other parent is deceased, then a certified copy of the death certificate should be included.

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Australian visa information

Australian visa information

There are currently over 150 different types of Australian visas.

Some visas are temporary, whilst others are permanent. Application criteria and processing times vary greatly depending upon the type of visa being applied for.

Some visas can be approved almost instantly, whereas others may take several months to be approved, and some have strict health criteria.

It is therefore absolutely essential that you only apply for the right visa that suits your proposed purpose and duration of stay in Australia.

Australia’s Migration Laws

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Australia’s migration laws and regulations are constantly being amended, and can be an absolute minefield for the unwary. The laws regulations not only provide for where an applicant must physically be to lodge a valid visa application for a particular visa, but the criteria that must also be satisfied at the date of application and at the date a determination is made on the visa application. If you fail to satisfy the criteria for a particular visa between date of application and date of determination then the visa must be refused.

Even after you arrive in Australia, if you do not have the correct visa, the visa that you do have may be cancelled at immigration clearance. A person in Australia without a valid visa is referred to as an unlawful non-citizen, and may be subject to removal. You do not want to find yourself in this position. If you do, you may very well find yourself on the next flight back to your home country without having set foot in Australia.

Just one example of the above is if you have a tourist visa with six month validity and you are intending to undertake a course of study in Australia for the duration of that visa. One of the conditions of a tourist visa is that it allows the visa holder to undertake a course of study of up to three months, any longer and you would have breached the condition of the tourist visa. In this example the appropriate visa would have been a student visa, but this is just one example.

You must have a valid Australian visa

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Anyone wishing to travel to Australia must first apply for and have a valid visa prior to travelling to Australia.In fact you will be denied the boarding of your flight if you do not have a valid visa prior to your departure to Australia! Therefore, it is your responsibility to ensure that you have the right visa to travel to Australia, and not the responsibility of the airline.

Are you in the process of applying for a visa for Australia, for your partner or loved one?

If you would like more help, advice and valuable information that could make your application a successful one, click here. Australian Visa Advice.

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What is a fiancé visa?

What is a fiancé visa?

Often referred to as a ‘fiancé visa‘, the prospective marriage visa is for people who are outside Australia and who are engaged to be married to an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

It is only for people who are outside Australia, because the prospective offshore marriage visa can only be applied for outside Australia.

There is no onshore equivalent to the prospective marriage visa.

This not to say that the applicant and sponsor cannot become engaged if they are both in Australia together, but the application must be made whilst the applicant is offshore.

It’s important to note that the sponsor doesn’t have to be offshore at the time of application – only the applicant!

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Once the prospective marriage visa is granted

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Once the visa is granted the applicant has nine months from the date of grant in which he or she must travel to Australia. During this time the applicant and the sponsor must marry. It is a strict condition too that the applicant and sponsor must not marry prior to the applicant’s arrival into Australia. If this were to occur, the applicant would have breached a condition of their prospective marriage visa.

If the marriage does not take place within the nine month period, then the applicant would have breached a condition of their visa and this can lead to very serious consequences.

There are many other conditions that are also attached to a prospective marriage visa. It is important that both the applicant and sponsor are fully aware of all the conditions attached to a prospective marriage visa and the serious consequences of non-compliance.

After the applicant and sponsor have married (within the nine month period), the applicant then has to apply for an onshore partner visa based on their marriage to the sponsor. This is a two stage process. The applicant would be granted a temporary partner visa which is valid until a determination is made on the applicant’s permanent partner visa. This period is usually around two years.

It should be noted however, that when the applicant applies for the onshore temporary visa, the permanent visa is also applied for at the same time. The permanent partner visa will usually granted after two years if the relationship between the applicant and sponsor is still assessed as genuine and continuing. This is satisfied by providing supporting documentation to the Department of Immigration and Citizenship (DIAC).

Both the applicant and sponsor will be contacted in writing before a determination is about to be made on the permanent spouse visa application, it is crucially important that DIAC are kept up-to-date of any change of contact details of the applicant and sponsor.

Australian Visa Advice for yourself or for your partner. Tourist, fiancé & spouse visas. Click here to find out more!

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Australian partner visas

What is a Partner Visa?

Australian partner visas or ‘partner migration‘ forms part of Australia’s ‘family migration stream’.

The family migration stream is somewhat different from the skilled migration stream as the visa applicant is in some way related to their sponsor who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

Are Partner Visas Points Based?

Skilled visas are points based visas where applicants must reach a certain minimum level of points in order to qualify for the particular skilled visa that they are applying for. Points are awarded to the applicant depending upon many factors such as age, English literacy, qualifications and skills, recent and relevant employment history related to their particular skill. Skills that are in high demand attract more points.

Partner visas are not points based visas.

Primary Criteria for a Partner Visa

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One of the primary criteria that need to be satisfied for the successful grant of a partner visa is that there is a genuine relationship between the applicant and sponsor, who as previously stated must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. There are many other criteria that must also be satisfied for the grant of a partner visa, but without satisfying the Department of Immigration and Citizenship (DIAC) that the applicant is in a genuine relationship with the sponsor, the application will be refused.

Not all relationships will qualify.

The applicant and sponsor must either be legally married or in a de-facto relationship, and satisfy DIAC that their relationship is genuine and continuing.

There are many factors and circumstances that DIAC will take into consideration in determining whether the applicant and sponsor are in fact in a genuine and continuing marriage or de-facto relationship.

A thoroughly and well prepared partner visa application will include substantial supporting documentation that clearly evidences the genuineness of the relationship. For this reasons application preparation is usually lengthy and processing time once the application is lodged can take several months.

If an application lacks the required supporting documentation considerable delays in processing should be expected. It is up to the applicant and sponsor to submit all of the required supporting documentation.

Australia also recognizes same sex relationships for the purposes of partner migration. Same sex relationships are known as an independent relationship. If the applicant has been in a same sex relationship for at least twelve months, and they can satisfy DIAC that their relationship is genuine and continuing, then the applicant may qualify for a spouse visa. Currently Australia does not recognize same sex marriages for partner visa migration purposes however.

Get all the help you need on your Partner Visa application. Find out how, here: Australian Visa Advice.

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Can I include member of my family?

“Can I include a member of my family in my Australian visa application?”

Many people often ask the question and in most cases the answer is, ‘Yes, you can’.

A clear example of this may be a partner visa applicant including their children from a previous relationship within their application.  This is referred to as making a combined visa application.

Including family members in an application

The main person making the application is known as the primary applicant, whereas the other family members are known as the secondary applicants.

Whether you are a primary applicant or a secondary applicant you must all satisfy Australia’s stringent health and character requirements.

Click here to find out what those health and character requirements are, or to get more information on Australian Partner Visas.

Combined Visa Applications

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Although combined visa applications are very common, it is very important to understand whether the relationship that exists between the primary and secondary applicant is one that will suffice to make an eligible visa application. The criteria for making a combined application will vary significantly depending upon the type of visa the primary applicant is contemplating applying for and there are currently over 150 different types of Australian visas, all with different rules associated with them!

Which family members can apply?

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Australia’s migration regulations clearly set out which family members can be eligible to make a combined application depending on the visa being applied for. Put simply whether the family member is an acceptable secondary applicant for that type of visa. In some visas they will be, in others they simply won’t. Without stating the obvious a third cousin would not be an eligible secondary applicant where there is a primary applicant for  a skilled migration visa.

As with all visas, all applicants must meet the strict eligibility criteria relating to the visa they are applying for. This goes for secondary applicants as well. They too will have to meet the secondary eligibility criteria relating the primary applicant’s application.

It should be noted that the success of a secondary visa applicant is totally dependent upon the primary visa applicant’s application. To use the above example again, if a spouse visa applicant wanted to include his or her two children from a previous marriage, and they satisfied all of their secondary criteria, but the primary visa applicant didn’t, for example, the Department of Immigration and Citizenship (DIAC) were not satisfied that a genuine relationship existed between applicant and sponsor, then the whole application would be refused.

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Partner visa eligibility

I am not married to my Australian partner…  Can I get an Australian partner visa, or do I have to get married first?

Partner Visa Advice

This is a question that is often asked, and it causes a lot of confusion amongst both applicants and sponsors alike.

Many would-be applicants fall into the trap that they believe they need to get married quickly so that they can apply for a partner visa.

But many peopole don’t realise that you don’t need to be married for your non-Australian partner to qualify for a partner visa.

Of course there are still a lot of criteria that you still need to satisfy before you will be granted a partner visa, but not being married alone will not preclude you from applying for a partner visa.

Partner visa eligibility

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To be eligible for a partner visa you must either be legally married or in a de-facto relationship with your partner. Depending then upon your relationship status, married or de-facto, you would then apply for a partner visa based on being legally married to your partner, or a partner visa based on being in a de-facto relationship with your partner. You partner however must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

Generally speaking a de-facto relationship is where to two people have lived together in a marriage like relationship for at least 12 months without any significant period of separation. DIAC will take many factors into consideration in determining whether a genuine de-facto relationship exists. This is why thorough application preparation and attention to detail is of paramount importance. To use the phrase, ‘when preparing a partner visa application you should leave absolutely no stone unturned’. All relevant supporting documentation should be submitted with the partner visa application so that the DIAC decision-maker can grant the visa in accordance with the migration laws.

Partner visas

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Same sex couples who have also been in a de-facto relationship can also apply for a partner visa, referred to in this case as an interdependent or interdependency visa partner visa. As you can see there are many options when it comes to Australian partner visa migration.

Australia’s migration law’s embraces Australia’s vast multicultural society, and accepts that not everyone necessary believes in the institution of marriage. No less importance is placed on a de-facto relationship than a legally recognized marriage. The Department of Immigration and Citizenship (DIAC) looks at substance over form.

Regardless of whether you apply for a partner visa on the basis of being legally married or in a de-facto relationship, DIAC will need to be satisfied that your relationship is genuine and continuing. This is why thorough application preparation is of paramount importance.

Are you in the process of applying for a visa for Australia, for your partner or loved one?

If you would like more help, advice and valuable information that could make your Partner application a successful one, click here: Australian Visa Advice.

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