Partner Visa - SBS


It is no doubt that Partner Visas have been taken advantage of by applicants seeking to achieve migration outcomes. The Immigration Department is well aware of these intentions and strict measures have been put in place to ensure only genuine relationships are granted a Visa. Nevertheless, the nature of the Partner Visa makes it difficult to gauge how an applicant might prove their relationship beyond a marriage certificate or the fact that they may be living with their partner. In this interview, John Kim Partner at H & H Lawyers, provides us with a comprehensive yet concise overview of what to look out for when applying for the Visa. We will be covering eligibility requirements, the kinds of evidence an applicant should produce to show that their relationship is genuine, application fees, processing times and Australian Partner Visa quotas. The interview is informative and easy to understand for anyone interested in applying for the Visa.



We are here today with John Kim, Partner Lawyer at H & H Lawyers, to unravel some questions regarding the Partner Visa.  


To start off, what are the eligibility requirements for a sponsor when lodging a partner visa application?  


Partner John Kim: Firstly, to sponsor anyone who is applying for a partner visa, you must either be an Australian permanent resident or citizen. Generally, a sponsor will have two opportunities to be a sponsor in his or her lifetime. If according to the visa application timeline, you have sponsored a partner visa or have been a recipient of a partner visa within the past 5 years, you will not be eligible as a sponsor. Indeed, there are exceptions to these rules, though they are very rare and generally do not arise in the usual circumstance.  


[Advice content] 

  • To apply for a partner visa, there seems to be a lot of requirements that need to be satisfied to prove your relationship with your partner. What kind of evidence is needed? 
  • It seems obvious to say that if one partner is currently married to another person, that a visa application could not procced. That being said - Is it true that a partner who has legally separated, though not divorced, can still apply for a partner visa for migrating purposes? 
  • This partner visa, which allows one to live with the person they love in Australia, remains one of the most expensive visas in the world. Just in the past 5 years, the cost for applying has increased more than four-fold. It goes without saying that such cost remains a consideration which simply can’t be ignored. How expensive is it that the cost of applying has become such a major factor in the decision process? 
  • It’s widely known that the time needed to process this application is quite long. About how long does it take? 
  • Permanent migration in Australia has been capped at 160, 000. Is there a quota for partner visa applications? 


[To access Partner Kim’s advice, click on the advice picture] 

Producer Hong Tae Kyung: While it’s true that many have exploited the partner visa, it’s sad to see that even relationships which are truly needing the visa to live happily together a family may lose the right to do so. It therefore seems all the more important to prepare diligently when applying to best prevent an unideal outcome. What are the some of the more crucial and note-worthy points potential applicants will need to keep in mind when applying? 


Partner John Kim: There are many applicants who, despite being married or a de-facto couple, have been left shocked with the significant amount of information which needs to be provided when requested by the immigration department. 


As the basic level, it is important to be able to show or provide information to the immigration department that you are not merely in a relationship with your partner. Rather, you need to be able to prove that there is genuine intention to spend your future together with them. 


The immigration case officer will critically assess your case, often with the view that you are merely in a relationship, or perhaps even a disguised marriage. To give your application the best shot at approval, it will be helpful to have documents and evidence at hand which will be capable of altering the officer’s perspective and alleviating their suspicions.  


Today we were joined by Partner John Kim who has helped us navigate the various eligibility requirements pertaining to a partner visa application. 


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