A recent query to the Department of Immigration and Border Protection (DIBP) in relation to a 2nd stage Partner visa (subclass 801) application has resulted in the following response:
“The current processing time for Permanent Partner (subclass 801) visas is 12 to 18 months from your eligibility date.”
The processing times for the Temporary Partner (subclass 820) visas are also listed as 12 to 18 months on the DIBP website.
This means that a typical partner visa applicant will have to:
wait 12 to 18 months before the temporary partner (subclass 820) visa is granted
wait another 6 to 12 months before you can apply for a permanent partner (subclass 801) visa
wait another 12 to 18 months before you receive your permanent partner (subclass 801) visa
You will only receive a permanent partner (subclass 801) visa after 36 to 42 months’ (3 to 3.5 years) time!
While most will think that 3 to 3.5 years’ time is not an issue for a couple in a relationship, the timeframe also requires partners to:
continue in a committed and mutually exclusive relationship
continue to collect evidence which will demonstrate an ongoing and genuine relationship
Other indirect consequences may include the delay of starting a family or buying a home together before the permanent visa is obtained.
The partner visa has had its processing time increase year-on-year because of two main reasons:
increasing number of applications but yearly planning levels for partner visas has not changed (there are 70,000 applications in the pipeline)
increase in integrity checks by DIBP assessment officers on the relationship
The increase in integrity checks by the DIBP is in response to reported abuse of the partner visa programme in the past few years. News in Queensland, reported 16 bogus marriages were arranged for partner visa application purposes, means that the integrity checks and longer processing times are here to stay. The Herald Sun reported that there has been debate in the Australian Parliament for partner visas to be scaled down with increase requirements.
Additionally genuine partners, who submitted weak applications or did not collect sufficient evidences to demonstrate their relationship is genuine and ongoing, face harsh and detailed assessments by the DIBP. It may be best to assume that the DIBP will view your relationship as bogus if you do not provide enough evidence and information to suggest otherwise. Additional areas which may raise suspicion include:
de facto relationship of over three years at the time of lodgement
Australian citizen children from a previous relationship who are in the care of the sponsor
lack of financial ties and interdependency (common among low-income couples)
lack of social recognition of the relationship in Australia from the applicant’s side (which is a challenge if the applicant did not socialise while in Australia)
In the event that the partner visa is refused, the applicant will need to submit an appeal and review with the Administrative Appeals Tribunal (AAT). If you need to know more about what needs to happen to lodge an appeal, contact Fortuna Migration.
Source:
Information from 1 March 2017
