The Australian Partner Visa Guide by Fiona Chan [2016]

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The Australian Partner Visa Guide is a plain English handbook on doing your own Australian partner visa applications. The book is a walkthrough of the immigration process and includes partner visa checklists, worksheets, templates and sample statutory declarations as well as sample completed application forms. Available for download here: https://www.partnervisaguide.com.au

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1 The Australian Partner Visa Guide by Fiona Chan

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2 This guide is intended for informational purposes only. The information contained in this guide does not in any way create a lawyer-client relationship and does not constitute legal advice. Please consult the relevant professional for advice appropriate to your situation before proceeding with anything. Use of this guide does not guarantee success or positive visa grants. Use at your own discretion. Copyright © 2016 Fiona Chan. All rights reserved. First edition 2014 Second edition 2016

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3 Author: Fiona Chan Fiona is an accomplished Australian lawyer who founded her immigration practice in 2012. Prior to this Fiona had an extensive career in corporate law and environmental regulation working in Big 4 Accounting frms national energy providers and the New South Wales State Government. Her guiding principle for her frm Frontier Migration Services is to make immigration law more accessible and transparent to the public. Fiona holds a Bachelors in Commerce and Law Masters of Law and is an admitted solicitor to the Supreme Court of New South Wales. You can connect with her on LinkedIn and our website.

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4 Table of Contents INTRODUCTION TO AUSTRALIAN PARTNER VISAS ......................6 How To Use This Guide ......................................................................8 Role of the Immigration Lawyer .......................................................11 Warning – invasion of privacy ahead .............................................. 12 IMPORTANT INFORMATION BEFORE YOU START ...................... 15 WHAT IS THE PARTNER VISA ....................................................... 18 What can I do with this visa ...........................................................20 How much does it cost.................................................................... 21 Processing times ...............................................................................24 How do I apply for the visa.............................................................26 Online Applications ..........................................................................27 Paper Applications ........................................................................... 31 WHAT ARE THE LEGISLATIONS AND REGULATIONS ...............32 WHAT ARE THE CRITERIA FOR BEING A SPONSOR ..................34 The Australian Partner Visa Guide

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5 The Australian Partner Visa Guide WHAT ARE THE CRITERIA FOR THE APPLICANT ......................36 Applying in Australia ........................................................................39 Applying outside of Australia ..........................................................40 THINGS TO WATCH OUT FOR ......................................................... 41 Genuineness of the relationship ......................................................42 Length of the relationship ................................................................43 Documents submitted with the application.....................................44 Gaps in your relationship .................................................................45 MIGRATION REGULATION CRITERIA TO SATISFY ...................... 47 Financial aspects of the relationship ...............................................49 Nature of the household ...................................................................54 Social Aspects Of The Relationship .................................................58 Nature Of The Persons’ Commitment To Each Other .....................66 How To Register Your Relationship ................................................70 Long Distance Relationships ...........................................................72 Explaining Gaps ...............................................................................74 How To Prepare These Documents .................................................76 THE OTHER FORMS AND CHECkS .................................................78 Form 80 - Personal Particulars ........................................................79 Police Checks ................................................................................... 82 Health Examination ........................................................................ 88 How To Get A Health Examination ................................................ 90 STATUTORY DECLARATIONS ..........................................................92 How To Fill In The Statutory Declarations ......................................94 Statutory Declarations Of Friends and Family ................................99 Statutory Declarations Of The Sponsor And Applicant................. 101 How To Prepare Documents With Your Online Application .........115 What kind Of Documents ............................................................ 116 Certifying Documents .....................................................................117 AFTER YOU HAVE APPLIED ...........................................................120 END OF RELATIONSHIP .................................................................123 CONCLUDING WORDS .................................................................... 125 CHECkLISTS ..................................................................................... 128

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6 Introduction You’ve fallen in love and you’ve made plans to be with your special someone for the rest of your life. Everything is right in the world except for one thing: the Australian government is now asking you to prove it. Prove it or your partner doesn’t get to come to or stay in Australia. So how do you prove such a subjective concept as love with objective facts Introduction to Australian Partner Visas The Australian Partner Visa Guide

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18 What is the Partner Visa The Partner visa consists of 2 parts: temporary and permanent. When you frst apply for this visa you are actually submitting 2 applications - the frst one is the temporary partner visa and the second being the permanent residency application. However it is not guaranteed that you will be granted both visas. If you are granted the temporary visa then after 2 years you will be contacted again in regards to the permanent visa application you had lodged. At that 2 year mark you will be asked to satisfy another set of criteria before being granted permanent residency. What is the Partner Visa The Australian Partner Visa Guide Important:

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19 For long-standing relationships or for partnerships that have children the 2 year period waiting for permanent residency is waived. Therefore the partner visa that you are applying for now will actually only be a 2 year visa with the option to renew after that time. The applicant must meet application validity criteria for both at the time of lodgement. This is why in the Migration Regulations it states that the temporary subclasses of 309 and 820 show the visa application charge as being NIL and the permanent 100 and 801 as being 6865.00. Important: This is an application for a 2 year temporary visa After 2 years you need to satisfy another set of criteria to be granted permanent residency The Australian Partner Visa Guide

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21 Before you start your journey you need to understand that this is a long process that requires a fair bit of time and money. But the good thing is that you do not need to pay it all at once. Like many other visas you prepare the documentation at stages and the following will give you an idea of how much you should budget for. Visa fees Partner visa application fees increased for applications lodged on or after 1 January 2015. The application fee for an onshore partner visa is currently 6865. For offshore partner visas and prospective spouse fance visas the fees are 4630. Visa fees often change around the end of the Australian fnancial year of June-July. For most up to date visa fees please consult the Department’s website. How much does it cost The Australian Partner Visa Guide

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34 Sponsor Criteria The sponsor is the Australian permanent resident or citizen partner. An eligible New Zealand citizen may also sponsor provided that they satisfy certain requirements. What are the criteria for being a Sponsor The Australian Partner Visa Guide Important:

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35 In order to be a sponsor you must be: 1. over 18 years old 2. an Australian permanent resident or citizen 3. eligible New Zealand citizen 4. have not been sponsored themselves in the last 5 years 5. have not sponsored another partner or spouse in the last 5 years. Important: There are limitations on sponsorship. These are called the serial sponsorship provisions. The Australian Partner Visa Guide

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79 Other Forms Aside from the application forms for the applicant and sponsor you will require the following additional information: • Form 80 - Personal particulars for assessment including character assessment • Police checks • Health examination • Statutory declarations The Other Forms and Checks The Australian Partner Visa Guide

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116 Document Preparation The best format for all documents is PDF. PDF retains formatting and is universally accepted no matter which operating system. It’s also a format that cannot be easily tampered with or changed after uploading to the application system. There is a fle size limit that the visa application system imposes on all uploads. At time of publication the maximum fle size allowed is 5MB and the maximum fles allowed is 60. How To Prepare Documents With Your Online Application The Australian Partner Visa Guide

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130 Workfow We’ve included with this guide a number of checklists worksheets templates etc and we know it’s extremely daunting to even begin. Therefore we suggest the following: 1. Use the ‘Partner Visa Checklist’ to determine what you will need. 2. Fill in the ‘Document Collection Worksheet’ as you go through the checkist. 3. Investigate where and how to get the documents listed in ‘Document Collection Worksheet’. 4. Prioritise which documents to get now or later depending on how long it will take. Suggested workfow The Australian Partner Visa Guide

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