Seven Steps on Converting Your Australian Visitor Visa to a Partner Visa
Sometimes, things happen out of our plan or expectations. It happens to most of my clients when they enjoy their short holiday in Australia with their partner on a Visitor Visa, and out of their expectations, their partner pops the question. They are absolutely happy and excited to begin their journey as a married couple, but a long-distance marriage does not sound good. With this situation, they come to me asking for the best way to live happily together in Australia, like converting a Visitor Visa or Tourist Visa to a Partner Visa in Australia.
While technically, you cannot “convert” your Visitor Visa to a Partner Visa as both of them are different visa applications with different purposes. However, you absolutely can apply for a Partner Visa in Australia while on a Visitor Visa or Tourist Visa. However, you must pass some important steps, including checking your eligibility, confirming your Visitor Visa condition, gathering all required documents, translating your documents, etc.
Does that sound like challenging work? Fear not. I have provided the seven easy steps to convert your visitor visa or tourist visa to a partner visa below:
- Check Your Eligibility for Partner Visa Australia
- Check If You Have a ‘No Further Stay’ Condition and Extend Your Visitor Visa
- Have a Wonderful Wedding or Register Your Relationship
- Get Ready and Gather All Documents to Apply for Your Partner Visa
- Get Your Documents Translated into English
- Apply for Your Temporary Partner Visa
- Wait for Your Partner Visa to be Approved
Step One: Check Your Eligibility for Partner Visa Australia
The very first step to do is check whether you are eligible for the Partner Visa or not. The eligibility criteria for the Partner Visa Australia application are as follows:
- Be above 18 years old;
- Be in a married or de facto relationship with an Australian citizen or Australian permanent resident or eligible New Zealand citizen;
- You have not had an Australian visa cancelled or an application refused;
- You and your partner must both be committed to a shared life together to the exclusion of all others;
- Your relationship with your partner must be genuine and continuing;
- You must live with your partner or not live apart on a permanent basis;
- Your partner must be approved by the Department of Home Affairs as your sponsor;
- You must meet the health and character requirements.
Step Two: Check If You Have a ‘No Further Stay’ Condition and Extend Your Visitor Visa
Moving to the second step, I assume that you have met the eligibility criteria for the Australian Partner Visa.
Next, you have to understand the condition 8503 or No Further Stay Conditions. Following the latest regulation that the Australian government put stricter No Further Stay rules on Tourist Visa, I found many cases where Visitor Visa comes with the ‘no further stay’ condition.
So be sure to check whether your current visitor visa has this condition. If it does, don’t worry because you can apply for a waiver or if you would prefer to have me do it for you, it’s no problem at all.
Another thing to note is that you have to ensure you have enough time with your visa validity period. If you’re not confident about lodging the Partner Visa within the validity period left, you can consider extending your Visitor Visa first.
You can’t state that your intention is to apply for a partner visa, as that means you are not meeting genuine temporary entrance requirements. If you still have enough time to get married before your visitor visa expires, you can do this and register your marriage as soon as possible.
Step Three: Have a Wonderful Wedding or Register Your Relationship
With your visitor visa extension done, you can focus on what really matters – planning your special day! I hear so many wonderful stories from my clients about their weddings, I’m sure your stories will be amazing, too!
At this point I should probably answer a common question: “Can I get a partner visa without getting married?”. The answer is yes, but you must be in a de facto relationship, meaning you must have lived with your partner for at least a year. If meeting the de facto criteria is out of your reach, consider registering your relationship with the state government. It can be done in most Australian states and territories except Western Australia.
Step Four: Get Ready and Gather All Documents to Apply for Your Partner Visa
Okay, so you’re now married or maybe have registered your relationship with the State Government. Now, it’s time to focus on getting your partner visa application.
You’ll need to provide the Department of Home Affairs with complete and strong evidence for a smooth transition from a Visitor Visa to a Partner Visa. Here are some documents you need to prepare to apply for a Partner Visa while on a Visitor Visa in Australia:
- Your identity documents, including your passport, national identity card, change name certificate, etc.
- Your partner’s identity documents, especially those showing their status as an Australian citizen, permanent resident or eligible New Zealand citizen. For example, their passport, Australian citizenship certificate, permanent visa grant notification, SCV 444 grant notification, etc.
- Documentation of your ongoing and continuing relationship that covers:
- How, when and where you first met.
- How the relationship developed.
- When you moved in together, got engaged and married.
- What you do together and with others as a couple.
- The time you spent apart.
- Significant events in the relationship.
- Your plans for the future.
- How you share financial and domestic matters.
- National police certificate from your home country and any countries where you’ve lived for at least 12 months since you turned 16.
These documents may take some time to obtain, which is another reason you should apply for a long visitor visa extension before you get married.
The real challenge, though, is creating a compelling picture of your relationship to prove to the Department of Home Affairs that it’s genuine. Please don’t think that just having a marriage certificate is the answer.
Check out the Document Checklist For Australian Spouse Visa
Step Five: Get Your Documents Translated into English
If English is not your first language, any documents you need to include in your application must be translated into English. This can be done either in Australia or in your home country and remember that there will be a cost involved that you will have to budget for.
If you are looking for a certified translator in Australia, you can find them here.
Step Six: Apply for Your Temporary Partner Visa
Now that you’ve done all the hard work, all that’s left to do is lodge your subclass 820 Partner Visa (Temporary). As with all visa applications, you must prove your identity and provide true information with your application.
You must apply and pay the visa fee on the Department of Home Affairs’ ImmiAccount website, and be sure to keep a record of your Transaction Reference Number, as your Australian partner will need it for their sponsorship application. Your ImmiAccount is also where you’ll receive any requests for further information.
Step Seven: Wait for Your Partner Visa to be Approved
Once you have lodged your application, you should keep uploading documents to show that your relationship is genuine and continuing. You can do this on a monthly basis to keep the Department of Home Affairs updated about your relationship.
Also, you must pay close attention to your application progress. Check your email and Immi Account regularly as the Department of Home Affairs might request further information or documents, such as requesting you to do a health examination or provide a police certificate from your home country. Be sure to complete any requests by the deadline.
Remember, the partner visa application is a two-stage process where you will first be granted a temporary visa. Generally, you need to wait for 2 years after the temporary partner visa lodgement to be able to apply for a permanent partner visa that entitles you to live in Australia indefinitely.
How Much Money You Need To Prepare
Roughly you need to prepare the funds for the Partner Visa Application Charge and other fees, with details:
- Partner Visa application charge (payable to the Department of Affairs): AUD 9,095
- Partner Visa application charge for additional applicants above 18 years old: AUD 4,550
- Partner Visa application charge for additional applicants under 18 years old: AUD 2,280
- Health examination: AUD 350 (according to the type of examination)
- Police certificate: check it with your country’s police department
- Documents translation: check it with your translator
Additional charge is applicable only if you have any dependents joining your Partner Visa application.
Need advice about converting a visitor visa to a partner visa?
Our visa specialists at ONE derland Consulting will assist and give you complete suggestions whenever you need or decide to convert your tourist visa to a partner visa. We have a 98% success rate and are one of Australia’s most highly recommended migration agents. Read our 4.9* score customer reviews.
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