Partner Visa Checklist

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.

1-9	Please refer to our General Checklist here https://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: joint mortgage or lease documents joint loan documents for major assets like homes, cars or major appliances joint bank account statements household bills in both names. Your household Evidence you and your partner share domestic matters. Evidence can include: a statement about how you share housework household bills in both names mail or emails addressed to you both documents that show joint responsibility for children documents that prove your living arrangements. Social matters Evidence that others know about your relationship. You must provide 2 statements from 2 witnesses who: are 18 years old or older know you and your spouse or partner know about your relationship. 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: joint invitations or evidence you go out together proof you have friends in common proof you have told government, public or commercial bodies about your relationship proof you do joint sporting, cultural or social activities together proof you travel together. Commitment Spouse Visa Prospective Marriage De Facto Partner Visa Australia Show us how you are committed to a long-term relationship with each other. You could give us: proof you have knowledge of each other’s background, family situation or other personal details. You could tell us this at an interview proof you have combined your personal matters the terms of your wills proof you stay in touch when apart
11.	Health documents, Please refer to our General Checklist here https://dlegal.com.au/articles/migration/checklists/general-checklist
12.	Character documents , Please refer to our General Checklist here https://dlegal.com.au/articles/migration/checklists/general-checklist
13.	Adequate health insurance, Please refer to our General Checklist here https://dlegal.com.au/articles/migration/checklists/general-checklist
14.	Pay your debts to the Australian Government, Please refer to our General Checklist here https://dlegal.com.au/articles/migration/checklists/general-checklist
15.	Best interests of the child, if applicable, Please refer to our General Checklist here https://dlegal.com.au/articles/migration/checklists/general-checklist
16.	Not had a visa cancelled or an application refused , Please refer to our General Checklist here https://dlegal.com.au/articles/migration/checklists/general-checklist
17.	Location You 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: a Prospective Marriage visa (subclass 300) a Partner visa (subclass 309 and 100).
18.	Partner Visa – Permanent Changes 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: your marriage certificate your child’s or children’s birth certificate(s) adoption papers a final divorce decree or legal separation agreement or other relevant document a court decision on child custody the death certificate for your partner proof of change of name. This might be a marriage certificate, deed poll or equivalent document. If you have a new or updated passport or changed your address: complete Form 929 – Change of address and/or passport details (172KB PDF) provide the pages of your current passport showing your photo, personal details and passport issue and expiry dates.
19.	Dependants under 18 documents , if applicable For every dependant under 18 years old who is applying with you, provide: identity documents evidence of your relationship with your dependant, like a birth or marriage certificate character documents, if the dependant is 16 or 17 years of age adoption papers or parental court orders, if applicable evidence of enrolment at school, college or university, if applicable evidence of sole custody, if applicable.
20.	Dependants over 18 documents , if applicable To include your child who is over 18 in your visa application, they must be: wholly or substantially dependent on you more than any other person for their basic needs of food, clothing and shelter, or unable to work to support themselves because they have a disability that totally or partially affects their bodily or mental functions. Provide: identity documents documents about their other relationships, if applicable character documents. You must also provide evidence the child is dependent on you. This includes: evidence of your relationship with the dependent such as a birth certificate or adoption papers evidence of financial dependence such as bank statements, money transfers and rent receipts a completed Form 47a Details of a child or other dependent family member aged 18 years or over (241KB PDF).
21.	Proof of dependency, Please refer to our General Checklist here https://dlegal.com.au/articles/migration/checklists/general-checklist
22.	Parental responsibility documents , if applicable, Please refer to our General Checklist here https://dlegal.com.au/articles/migration/checklists/general-checklist
23.	Sponsor Documents You must provide evidence that you are an Australian citizen, Australian permanent resident or eligible New Zealand citizen. You must provide: a copy of your passport a copy of your birth certificate a passport sized photo of your face. 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: maintain a home in Australia work in Australia own property, business or other interests in Australia have family and other ties in the same place you live. 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: an official document allowing the marriage between your child and the visa applicant evidence you are the parent or guardian of your child 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: an overseas police certificate from every country where you spent a total of 12 months or more in the last 10 years since you turned 16 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 here https://dlegal.com.au/articles/migration/checklists/general-checklist

Application of the Criminal Code

Section 29 Visas

Partner Visa Checklist

1-9

Please refer to our General Checklist here

10.

Proof that your relationship is genuine and continuing – please go to the link below and check under “Evidence for Spouse Visa”

11.

Health documents, Please refer to our General Checklist here

12.

Character documents , Please refer to our General Checklist here

13.

Adequate health insurance, Please refer to our General Checklist here

14.

Pay your debts to the Australian Government, Please refer to our General Checklist here

15.

Best interests of the child, if applicable, Please refer to our General Checklist here

16.

Not had a visa cancelled or an application refused , Please refer to our General Checklist here

17.

Location

18.

Partner Visa – Permanent

19.

Dependants under 18 documents , if applicable

20.

Dependants over 18 documents , if applicable

21.

Proof of dependency, Please refer to our General Checklist here

22.

Parental responsibility documents , if applicable, Please refer to our General Checklist here

23.

Sponsor Documents

24.

Prepare Documents , Please refer to our General Checklist here