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The latest on Australian Visas and immigration

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How can I get my Parents to Australia? – Australian parent visa options

One of the issues that I receive a large number of enquiries from Australian citizens, permanent resident and eligible New Zealand citizens is how can they get their parents to join them in Australia on a temporary or permanent basis. The level of enquiry through COVID-19 has escalated as families…

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What happens when your situation changes during your Australian visa application?

One of the most common question we are asked is what happens to my partner visa application if our relationship breaks down? We always emphasise to our clients that you must always be transparent and honest when dealing with the Department of Home Affairs (Department). Section 104 of the Migration…

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Partner visa changes for sponsorship and English language requirements

Partner visa changes for sponsorship and English language requirements are set to come in into force in November 2021. There are two significant changes that will affect any partner visa application relating to the sponsor and English language requirements. These changes were introduced in the 2020-21 federal budget and are…

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What is a de facto partner according to Australian immigration law?

One of the most confusing aspects of applying for a partner visa is what will satisfy the definition of a de facto when it comes to applying for a visa to Australia. The Migration Act 1958 (Act) at Section 5CB provides the following definition: De facto partners (1)  For the purposes of…

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Does my partner who is sponsoring me for a partner visa to Australia, pass the character test?

  The Australian Government is very serious about protecting not only its citizens and residents, but also any person applying for a visa where an Australian citizen or permanent resident is sponsoring them. Since 2016, Australian citizens and permanent resident who want to sponsor an applicant for a partner visa…

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Family and Domestic Violence and your Australian Visa

The Australian Government and the Department of Home Affairs (Department) has taken a very strong stance in relation to issues surrounding family and domestic violence in recent times. Some people believe this has long been overdue and it will certainly impact a lot of visa applicants and their sponsors. The…

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De facto for the purpose of getting a partner visa to Australia

One of the questions we are asked most often is “do I qualify as a de facto to get a partner visa to Australia?” Firstly, you must have a sponsor who is an Australian citizen or permanent resident, or an eligible New Zealand citizen. An eligible New Zealand citizen is…

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Partner visas – the sponsors obligations and limitations on the ability to sponsor

Regulations 1.20J, 1.20KA, 1.20KB and 1.20KC There are certain circumstances where an Australian citizen or permanent resident who wants to sponsor their partner will be subject to limitations on their ability to do so. The approval of sponsorships for all subclasses of partner visas is subject to certain limitations on…

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Australian partner visas in a pandemic COVID-19 world

Whilst Australia has managed the COVID-19 pandemic much better than many other countries, it has been a tough period for many couples. Border closures, lockdowns and job losses have meant many couples have been separated for significant periods. We have seen an upsurge in partner requests to process partner visa…

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Partner Visa and Family Violence

In Australia, family and domestic violence is not acceptable. The Australian government including the Department of Home Affairs does not tolerate domestic and family violence in the community. The Family Law Act 1975 defines family violence in section 4AB as violent, threatening or other behaviour by a person that coerces…

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Can I apply for Partner visa if I’m still married and I cannot get a divorce?

In my experience of practising migration law, I have been approached by clients who would like to apply for Partner visa but they are still legally married to someone and they cannot obtain a divorce. Most of these clients are usually from countries where divorce is still illegal, namely the…

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Is it possible to stay in Australia if my relationship with my partner or spouse breaks down?

If your relationship breaks down there are several things you must do: Tell the Department of Home Affairs (‘Department’). You must always keep the Department informed of any change of circumstances. It is very important to bee transparent and honest in your dealings.Once you have told the Department of the…

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