How to Sponsor a Non-Relative for Partner Visa in Australia

Seeking permanent residency in Australia without the support of a family member can be a complex process, with different visa categories available, each with its own set of stringent requirements. One such category is the Partner visa, which allows couples, including de facto partners, to sponsor each other for permanent residency. However, the specifics of non-relative sponsorship vary significantly. Understanding the guidelines and requirements is crucial for anyone hoping to sponsor a partner for a partner visa. This guide sheds light on the process and necessary steps to navigate the complex landscape of Australian immigration laws.

Understanding the Process of Non-Relative Sponsorship

While family members can sponsor a partner for permanent residency, the process for a non-relative is quite different and often more restrictive. According to Australian immigration policies, sponsorship for a Partner visa is limited to those who are de facto partners, not including relatives or friends. This means that a person seeking to sponsor their non-relative for a Partner visa must meet additional criteria and may face challenges that family members do not encounter.

Eligibility for Partner Visa (Subclass 820) and (801) Applicable to Non-Relatives

The Partner visa (subclass 820) and the reciprocal Partner visa (subclass 801) are specifically for sponsors and partners who are not family members. The requirements for both these visas are stringent and include:

1. De Facto Relationship

To qualify for a Partner visa, the sponsor and the applicant must be in a de facto relationship. A de facto relationship is defined as a close personal relationship that is exclusive and enduring. For a non-relative, the sponsor must show that the relationship has existed for at least 12 months before the application is made. To prove this, sponsors typically need to provide evidence such as:

Shared accommodation Joint financial arrangements Common social and family events Shared day-to-day life

It's important to note that the lifestyle of the two individuals in the relationship must appear to be that of an established and committed couple.

2. Exclusivity and Stability

The relationship must be exclusive, meaning that neither party has entered into another serious relationship during the course of the de facto relationship. Any evidence of continuing relationships with others, even if not formal, can invalidate the application. Additionally, the sponsor needs to prove that they are in a permanent relationship, which means that they are not merely cohabiting or sharing an arrangement on a temporary basis.

3. Proof of Relationship Status

For the Partner visa (subclass 820), the sponsor needs to demonstrate that they are no longer married or in a de facto relationship with anyone else. This is crucial as the applicant must have been in an ongoing relationship for the past 12 months before applying. If there is a risk of the sponsor being deemed to still be in a relationship with a previous partner, they will need to provide documents such as:

Divorce decrees or court orders Death certificates (if the previous relationship ended due to the death of a spouse) Mental or physical separation documentation

Meeting the Requirements and Expediency

Meeting these requirements can be a time-consuming and extensive process. Documentation and proof of the de facto relationship, along with evidence of the termination of any previous relationships, may need to be thoroughly documented and verified. It is advisable to seek professional advice from a registered migration agent who is familiar with the intricacies of Partner visa applications.

Strategies and Tips for Success

To increase the chances of a successful application, consider the following tips:

Thorough Documentation: Gather and present comprehensive evidence of the de facto relationship, including financial, legal, and social evidence. Professional Advice: Engage a migration agent to navigate the application process and ensure all requirements are met. Financial Stability: Demonstrate the financial capability to support the partner financially, and if needed, provide evidence of employment or financial resources. Strong Relationship Evidence: Provide detailed accounts of how the relationship developed and flourished over time.

Securing permanent residency in Australia through the Partner visa route is challenging, but it is achievable with the right approach and professional guidance. Understanding the specific requirements and procedures for non-relative sponsorship is essential to building a robust application that stands the best chance of approval.

Conclusion

In summary, while non-relatives can sponsor a partner for a Partner visa in Australia, the process is complex and requires a thorough understanding of immigration laws and stringent application requirements. By adhering to these guidelines and seeking professional advice, applicants can increase their chances of a successful application and securing a permanent residency in one of the world's most vibrant and multicultural countries.