Engaging a Registered Migration Agent- General Information

Partner visas

Our process is as follows:

  • If you decide to engage us as your migration agent, we will send you a detailed cost agreement and deposit request
  • The initial deposit is 50 % of the total professional fees
  • Once we have received the signed agreement and initial deposit, we will set up a secure portal where you can upload documents and where we can message each other securely
  • Inside the portal is an online questionnaire where you can enter you and your sponsor’s details
  • We will provide guidelines and factsheets about the evidence and documentation required
  • Once you have completed the questionnaire, we will start preparing the application forms and other documentation
  • When we have received all the information and documentation required, we will send a final deposit request
  • The final deposit request is for the remainder of the application fees and the Visa Application Charges
  • Once the final deposit has been received, we will lodge the visa application
  • After the visa application has been lodged, we will send you the acknowledgement letter and the bridging visa grant letter (if applicable), as soon as it has been issued
  • We will then prepare and lodge the sponsor application
  • We will monitor the application and liaise with the Department until a decision has been made on the application

Partner Visas-Frequently Asked Questions

The "genuine relationship" requirement

  • In all instances, the applicant and sponsor must provide solid evidence that the relationship is genuine and on-going.

The "12 month relationship" requirement

  • De-facto applicants must provide evidence that they have been in a de-facto relationship for at least 12 months, before the application is lodged.
  •  This requirement may be waived where there are compelling or compassionate circumstances or when the relationship has been registered.

Relationship Evidence

Every relationship is different and there is no fast rule on what sort of evidence can be provided. People’s circumstances vary enormously and it is good practice to have an outsider look at the evidence you have in an objective manner. A migration agent can help you collate relevant material and assist with statements where evidence may not be readily available. Some of the factors that will be considered are:
  •  knowledge of each other’s personal circumstances</li>
  •  financial aspects of the relationship, joint financial commitments such as real estate or other assets and sharing day-to-day household expenses
  • the nature of the household, including living arrangements and joint care and responsibility for any children of the relationship
  • the social aspects of the relationship, provided in statements (statutory declarations) by friends and acquaintances</
  •   the nature of the commitment, including duration of the relationship, how long the couple has been living together and whether they see the relationship as a long-term one

Bridging Visas

  • When making a valid application onshore you will be granted a bridging visa.
  • Bridging visas normally have the same conditions as your last substantive visa.
  • It is possible to apply for work rights while on a bridging visa with a “No Work” condition.

No further stay (8503)

If you are in Australia and you have a visa with condition 8503, then you will not be able to apply for a partner visa onshore, unless a waiver of the condition can be obtained first.

Unlawful applicants

If you are in Australia without a valid visa, there may be some instances where you can apply for a partner visa (see also Schedule 3 criteria below)

Schedule 3 criteria

Schedule 3 requirements apply to people who, at the time they apply for a sc. 820 visa, are either unlawful or hold a bridging visa. If that is the case, the applicant must satisfy Schedule 3 criteria 3001, 3003 and 3004, unless the Minister is satisfied there are compelling reasons for not applying those criteria. “Compelling reasons” is not defined in the Migration Regulations and this means that the meaning of this open to interpretation by case officers.

Previously many applicants managed to get a waiver from schedule 3 criteria relatively easily. However, the DOHA have now changed their interpretation of ‘compelling reasons” and in most cases, it is much harder (if not impossible) to get the schedule 3 criteria waived. Note also that the new interpretation is applied retrospectively.

If you are affected by schedule 3 criteria seriously consider if it is likely that you will qualify for a waiver and if it is worth to lodge an onshore application, as refusals are very expensive and immensely stressful.

If you have already applied for an onshore partner visa and you get a request to submit information regarding any compelling reasons to waiver Schedule 3, make sure you properly address the request.

Relationship breakdown

If the relationship breaks down during the application process, there can be all sort of unintended consequences for both the sponsor and the visa applicant. For most people, it is incredibly stressful to have to deal with visa issues on top of the emotional turmoil of the relationship coming to an end, especially if there are children involved or there are family violence issues. We provide quick and discreet phone or email consultations so you can discuss your options and obligations.

Applying for an Australia Police Cerificate

Apply for a National Police Certificate Online

WARNING

Only use the authentic Australian Federal Police Portal.

Do NOT use any third-party providers

1. Go to the AFP website: https://afpnationalpolicechecks.converga.com.au

2. READ THE INSTRUCTIONS! Also read this entire document BEFORE you start.

3. Make sure you have prepared and scanned 100 points worth of identification documents,

which contain your photo, date of birth, current residential address and signature. Save the

documents in pdf. format. You can upload separate files or combine the documents into

one file:

https://afpnationalpolicechecks.converga.com.au/images/afp/100_point_checklist.pdf

4. Click the checkbox: “I have read and understood the instruction above”.

5. Click: “Start New Application Online”.

6. Select the relevant identification documents.

7. Click the checkbox: “I have scanned the identity documents specified above that will be

loaded to my application”.

8. Complete your personal and email details

9. In the dropdown box in section-Purpose of Check, select ‘Commonwealth

Purpose/Employment’.

10. In the next dropdown box, select 33- ‘Immigration /Citizenship’.

11. Click “Next”

12. Click the checkbox: “By selecting this box you are acknowledging that you have read the

above terms and conditions and are consenting to the Australian Federal Police to complete

a National Police Check on your behalf

13. Upload identification documents you have selected in Step 3 and 6.

14. Click the checkbox: “I have uploaded 100 points of identification documents and have

verified that these are the correct documents.

15. Complete the rest of the application

Important information to note:

• You must apply to Australian Federal Police (AFP), not your state’s police force

You must include all variations of names used and known by including those listed in your

passport (maiden, name changed by deed poll etc.)

• A fingerprint check is not required

• Do not request the police certificate be forwarded directly to the Department of

Immigration and Border Protection.

• The certificate will be sent to you and you will need to send the original it to the Department

(if requested) or upload it through your ImmiAccount.

• You can also nominate another delivery address (for example: a partner, a family member or

a Registered Migration Agent)

For further information on fees and submitting your application refer to:

http://www.afp.gov.au/what-we-do/police-checks/national-police-checks.aspx

Testimonials

Hi Nick, Thank you very much for all of the effort you have put into this. This was emotionally charged from our end and you helped take that out. We were expecting this to take at least 12 months but thanks to you this has happened in 4-5 months. Feel free to put me forward as a reference to any prospective clients that come your way. I will be spreading the word around too.

S.K

Hi Nick I, appreciate your service and taking care of my application. I did receive the visa grant! I was happy and I took me time to grasp the new status. It’s awesome to know that I can stay in Au.

A.D

Dear Nick, A. and I would like to thank you for all the work and effort that you had put into our application. We are beyond happy and no words could ever express how grateful we are. We can now finally be together. Thank you once again and God bless you.

K.B.

Just to inform you T and J got their citizenship application approved; they got the letters through the mail today.

T.T.

Thank you very much for all the advice and help you have given us. We are both extremely greatful. I would most certainly recommend your services to anyone who needs them.

RL

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