Providing check list information will not qualify you for a visa – you must meet the relevant legislative criterion.
Only after we assess legal criterion against the information you provide, we will be able to provide an opinion of your ability to meet the visa related regulatory criterian.
- Check list does not guarantee a positive visa outcome. You must meet the Migration Act and Regulatory requirements to be successful.
- You must provide correct information to DIBP, if not you may be banned for 5 years.
- This checklist information and supporting documents are required to assist with the lodgement of a complete application.
- You may also need to provide additional information and documentation after you have made your application if the department requires.
About the information you give.
DLEGAL
As a legal practice certain documents and information, you give us are protected under the common-law doctrine of legal professional privilege which is not available to migration agents who are not lawyers. The information you give us is subject to our privacy principals and professionals standards.
Privacy Act
The Privacy Act 1988 is the key law designed to safeguard personal information collected by Government agencies. Federal Government agencies (including DIBP) must comply with the Information Privacy Principles in section 14 of the Privacy Act 1988 when collecting, using and disclosing your personal information.
The Department of Immigration
The Department is authorised to collect information provided on this form under the Migration Act 1958.The information provided will be used for:
- assessing your eligibility to be granted the visa for which you have applied; and
- other purposes relating to the administration of the Migration Act, for example, to assist migrants with settling in Australia, to monitor the conduct of migration agents, or for ensuring compliance with the Migration Act.
Note: You need to provide documents to support your application. We could ask you for more information; it is in your interest to provide as all the information when we undertake the assessment. The DIBP can decide using the information you provide when we lodge the application.
The Migration Act may be cited as the Migration Act 1958.
- invalid application, in relation to a provision, means an application because of which the provision exceeds the Commonwealth’s legislative power;
- valid application, in relation to a provision, means an application that, if it were the provision’s only application, would be within the Commonwealth’s legislative power.
Application of the Criminal Code
Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
PART 2 CONTROL OF ARRIVAL AND PRESENCE OF NON-CITIZENS\ Division 3 – Visas for non-citizens
Section 29 Visas
(1) Subject to this Act, the Minister may grant a non-citizen permission, to be known as a visa, to do either or both of the following:
(a) travel to and enter Australia;
(b) remain in Australia.
Note: A maritime crew visa is generally permission to travel to and enter Australia only by sea (as well as being permission to remain in Australia) (see section 38B).
Document Checklist
Important
Protocol in relation to – Advice, Communications, Documents & feedback
- When communicating with us and providing documents please follow the “communications protocol” at all times. See further below for the protocol.
- We are unable to accept communications if the protocol is not followed.
Note: All applicants and dependents must provide applicable documentation and information.
Partner Visa Checklist
1-9 |
Please refer to our General Checklist herehttps://dlegal.com.au/articles/migration/checklists/general-checklist/ |
|
10. |
Proof that your relationship is genuine and continuing – please go to the link below and check under “Evidence for Spouse Visa”Supporting evidence of the relationship Finances Evidence you and your partner share financial matters. Evidence can include:
Your household Evidence you and your partner share domestic matters. Evidence can include:
Social matters Evidence that others know about your relationship. You must provide 2 statements from 2 witnesses who:
Statements from witnesses can be done by completing Form 888 – Statutory declaration by a supporting witness in relation to a Partner or Prospective Marriage visa application (241KB PDF). If the witness is an Australian citizen or permanent resident, provide evidence of this such as a passport or birth certificate. Evidence can also include:
Commitment
Show us how you are committed to a long-term relationship with each other. You could give us:
|
|
11. |
Health documents, Please refer to our General Checklist herehttps://dlegal.com.au/articles/migration/checklists/general-checklist |
|
12. |
Character documents , Please refer to our General Checklist herehttps://dlegal.com.au/articles/migration/checklists/general-checklist |
|
13. |
Adequate health insurance, Please refer to our General Checklist herehttps://dlegal.com.au/articles/migration/checklists/general-checklist |
|
14. |
Pay your debts to the Australian Government, Please refer to our General Checklist herehttps://dlegal.com.au/articles/migration/checklists/general-checklist |
|
15. |
Best interests of the child, if applicable, Please refer to our General Checklist herehttps://dlegal.com.au/articles/migration/checklists/general-checklist |
|
16. |
Not had a visa cancelled or an application refused , Please refer to our General Checklist herehttps://dlegal.com.au/articles/migration/checklists/general-checklist |
|
17. |
LocationYou must be in Australia when you lodge your application and when a decision is made on the temporary Partner visa (subclass 820). You can be in or outside Australia when a decision is made on the permanent Partner visa (subclass 801). If you are outside Australia when you want to lodge your application, consider either:
|
|
18. |
Partner Visa – PermanentChanges to your situation If your situation has changed since you applied for your Partner visa, complete and attach to your ImmiAccount Form 1022 – Notification of changes in circumstances (172KB PDF). You will also need to provide the following documents, as relevant:
If you have a new or updated passport or changed your address:
|
|
19. |
Dependants under 18 documents , if applicableFor every dependant under 18 years old who is applying with you, provide:
|
|
20. |
Dependants over 18 documents , if applicableTo include your child who is over 18 in your visa application, they must be:
Provide:
You must also provide evidence the child is dependent on you. This includes:
|
|
21. |
Proof of dependency, Please refer to our General Checklist herehttps://dlegal.com.au/articles/migration/checklists/general-checklist |
|
22. |
Parental responsibility documents , if applicable, Please refer to our General Checklist herehttps://dlegal.com.au/articles/migration/checklists/general-checklist |
|
23. |
Sponsor DocumentsYou must provide evidence that you are an Australian citizen, Australian permanent resident or eligible New Zealand citizen. You must provide:
If you are an Australian permanent resident or eligible New Zealand citizen, you must provide evidence that you usually live in Australia. This evidence can include documents that show you:
If you are sponsoring on behalf of your child If you are sponsoring the applicant on behalf of your child who is married to the applicant but under 18, provide:
Character documents To show that you meet the additional sponsor requirements, you need to provide an Australian police certificate. We only accept complete disclosure National Police Certificates issued by the Australian Federal Police. We do not accept standard disclosure certificates or national police certificates issued by Australian state or territory police. To get an Australian police certificate see National Police Checks. You also need to provide:
For immigration purposes, police certificates are valid for 12 months from the issue date. You must also provide written consent for us to disclose any convictions for relevant offences to the visa applicant. To get an overseas police certificate, see Offices and locations. |
|
24. |
Prepare Documents , Please refer to our General Checklist herehttps://dlegal.com.au/articles/migration/checklists/general-checklist |