Australia is filled with opportunities in most sectors. The developed economic structure and political stability attract a massive amount of immigrants here. The different types of visas make it possible.
The partner visa lawyer deals with cases related to partner or spouse visas. These two visas have a similar purpose. The only difference lies in its terms and conditions. If your partner lives in Australia, this visa brings you a great opportunity.
You can move to the country and obtain the required allowances. But if you want to know which of the visas would be a suitable fit, read the blog till the end.
What Are the Basic Differences Between Spouse Visa And Partner Visa?
The partner and spouse visa can be granted if your partner is an Australian citizen. Also, they can be a permanent Australian resident or New Zealand citizen. Refrain from getting confused. The spouse visa is also a partner visa. But there are some extensions of conditions when you want to switch from a partner visa to a spouse visa.
It clarifies that no such basic difference between spouse and partner visa exists. But a few conditions separate them from each other. Hence, in order to determine the difference, you need to have knowledge of their criteria.
What Are the Conditions?
The partner visa has permanent and temporary both categories included in it. Whereas, a spouse visa or the provision marriage visa is a ticket to your permanent residency in the country. Subclass 801 and subclass 820 are the popular partner visas in Australia. Subclass 300 is considered a spouse visa.
The conditions for a partner visa are the following.
- You must have a genuine relationship with your partner.
- You must have your commitment proven.
- You and your partner must complete 18 years before applying for it.
- Your partner legally resides in Australia.
- The partner is ready to sponsor your visa.
- You must meet the medical conditions.
- The character requirements must be met.
Now, take a look at the conditions of the spouse visa.
- You both must be 18 years or above.
- You must be legally married.
- You must have your marital proof with you.
- You must have the intention of living together.
- You must have a stable financial income to support each other’s living.
- You must meet the character and medical requirements.
Considering it, you can apply for a partner visa even if you are not married to your Australian partner. You must be in a genuine relationship, but marriage is not necessary. In contrast, marriage is a must when you are applying for a spouse visa.
Other than that, the medical and characteristic requirements are a must to match in both cases. You and your partner must be adults and capable of managing your living financially. In a spouse visa application, you need to show proof of your marriage. In comparison, it is not required in a partner visa.
Do Their Processing Times Differ?
Let us give a glance at their processing times. A temporary partner visa takes 9 to 15 months to get issued. On the other hand, a permanent visa takes nearly two years to get processed. The subclass 300 visa takes a maximum of 52 weeks.
In both cases, your visa can only be accepted if your documentation is correct. Or if the officer fails to match it with the requirement, it can take a longer time than its actual processing time. Specifically, it is important to submit your commitment proof when you are applying for a spouse visa.
If you give proper proof of your marriage, your visa can be completed on time. Any document that would evidence your wedding will go. You must have a valid document for that. But in a partner visa, no marriage proof is required.
What Are the Work Allowances from the Visas?
Work allowances are similar as well for both the concerned category of visas. Here are the allowances of partner visas or subclass 801 and 820.
- You can officially stay in Australia.
- You can stay up to fifteen months under the visa.
- You are required to travel outside of the country many times.
- Until it is valid, you can depart or return to the country.
- You get permission for permanent residency.
- You get work allowances without restriction.
- You can continue your education.
- You can sponsor other family members to come and reside in the country.
- You get access to the medical facilities.
The allowances you can get from the partner visa are the following.
- The permanent partner visa allows you to live here for an indefinite timeline.
- You can legalize your permanent residence.
- You can travel outside.
- You can work in the country.
- It allows you to study at your own cost.
- It allows you to sponsor another family member to live in Australia.
Therefore, the allowances are found to be similar. In both cases, you have to be eligible for work. Once you find out you are eligible, any visa will not prevent you from working. Sames apply to the other privileges as well.
With both of them, you can sponsor other family members to come and live here. But the partner visa does not give you extended access to the Australian medical facilities. You can get this if you are a holder of a subclass 300 visa.
When Can Your Visa Get Refused?
When you are applying for a visa, remember to avoid some of the mistakes. It can result in the rejection of both visas. The following reasons are why a partner visa gets rejected.
- Your relationship is not genuine in the eyes of the case officer.
- You should have responded to the case officer’s request.
- Failure to give an interview.
- You need to submit the correct documents.
- Your evidence is false.
- You should have met the character conditions.
- You do not meet the medical conditions for living in the country.
- You have some criteria imposed on your visa.
These reasons can cause you to delay if you need to be properly checked. The inability to submit them correctly can even lead to visa cancellation. Similarly, for spouse visas, improper documentation can be a big reasons for partner visa rejection. The following shows the details about the cancellation reasons.
- Insufficient evidence of marriage.
- Your genuine relationship has no proof of getting married.
- Submission of wrong documents.
- Providing incorrect information.
- Not meeting the health requirements.
- Please meet the character requirements.
- Inconsistency in evidence.
- Giving a messed up interview.
If you do any of these, there is a high chance for your marriage visa to get rejected. Therefore, refrain from taking a chance and consult the Partner visa lawyer Perth. They are experienced in dealing with such issues. You can take advice on gathering documents and passing the interview. Before lodging an application, contacting a lawyer is thus very important.
In conclusion, the spouse visa is also a partner visa with different requirements. Although they have a few different terms and conditions, there are also similarities. The most notable difference is that you need to have an intention to marry your partner with a spouse visa. In both cases, documentation carries immense value. If you need help with the right documentation, partner visa lawyers can help you deal better. You can find them in the Immigrant Lawyers Perth, WA.