When applying for a partner visa, you have the option to incorporate your dependent and stepchildren into the application. In the case that your children are above 18 years old, they should be more reliant on you than any other person, for financial support, In most cases they should still be enrolled into school or university.

It's advisable to consider applying for a visitor visa prior to seeking a partner visa, especially if the couple hasn't had the chance to be together or live together yet. Frequently, couples opt to request a visitor visa for the non-Australian partner, allowing them to enter Australia for a vacation and spend quality time with their Australian counterpart. This presents an opportune moment to collect evidence pertaining to various aspects of the relationship that the Department of Immigration will find pertinent when you eventually submit your Partner Visa application. It's crucial to be transparent and truthful regarding your intentions for applying for the Visitor Visa.

For instance, one aspect under scrutiny by the Department of Immigration is the social dimension of the relationship. This includes evaluating whether you engage in social activities together, if your friends and family consider you as 'de facto' or 'married' partners, and if you project yourselves as such in social settings. If you've already spent time with each other on a visitor visa, you likely had ample opportunities to interact with friends or family, commemorate special occasions, partake in recreational activities, and more.

Given that every relationship is unique, seeking guidance from a Registered Migration Agent before finalising plans for either a visitor visa or a partner visa is highly recommended.

Typically to be eligible for a Partner Visa as de facto partners (regardless of gender), you and your sponsor must demonstrate that you've been in a dedicated de facto relationship for the full 12 months immediately before submitting your application.

There could still be a chance to apply if you and your partner were prevented from living together temporarily during this 12-month period. This could be for cultural or religious reasons or a matter of circumstance.

For instance: You lived with your partner for 9 months before they had to unexpectedly relocate to a different city for work reasons. Due to a family matter, you couldn't move to the same city until 3 months later. These 3 months of living apart could be included in the 12-month requirement, as they represent a transient separation beyond your control and your commitment to each other as a de facto couple persisted.

And don't forget if you have registered your relationship in an approved state the 12 month requirement does not need to be met.

If you've experienced periods of living separately from your partner, seeking professional advice is advisable to determine whether you fulfil the 12-month de facto relationship criterion.

When assessing the authenticity and ongoing nature of a couple's relationship, the Immigration Department considers the financial elements of your partnership. These financial aspects can be proven through shared real estate loan agreements, co-ownership of vehicles, joint bank accounts, mutual financial responsibilities, the division of daily household costs, and various other means.

Due to these requirements, you and your partner should be prepared to furnish reasonably comprehensive financial details when submitting your Partner Visa application to the Immigration Department.

In order for a Form 888 to be acceptable for a partner visa application, the witness must possess direct information about the visa applicant, the sponsor, and their relationship's chronology. The witness must meet these criteria: they should be above 18 years old and hold either Australian citizenship or permanent residency.

When filling out Form 888, the witness is required to offer proof of their present name, age, and Australian citizenship or permanent residency status. This evidence could include a certified copy of their birth certificate, Australian passport, or notification of their permanent visa approval.

If you've submitted an application for a Partner Visa (Subclass 820/801) while being present in Australia on a valid visa, you will receive a Bridging Visa A along with work rights. This visa is granted automatically, eliminating the need for a separate application. In case you intend to travel abroad while holding the Bridging Visa A, it's essential to request a Bridging Visa B before departing from Australia. This specific visa is the only option that permits you to return to Australia and reinstate your Bridging Visa A upon re-entry.

Getting a bridging visa when you have lodged offshore or while not holding a valid visa can be a complex situation and you should seek professional advice from a registered migration agent

If you've submitted an application for a Partner Visa (Subclass 820/801) while being present in Australia on a substantive visa, you'll receive a Bridging Visa A automatically. This visa includes the privilege to work in Australia.

However, there are scenarios where work rights might not be granted automatically. This occurs when you weren't holding a substantive visa at the time of applying for the Partner Visa. In such instances, you'll need to demonstrate to the Department of Immigration that you would face financial hardship if unable to work. This demonstration is necessary to seek a new bridging visa with work rights.

Upon the approval of your initial stage temporary Partner Visa, you'll gain unrestricted work rights. These rights persist even after acquiring permanent residency.

If you and your partner have shared a long-lasting relationship, you can express your desire (during the application phase) to be considered for permanent residency once the initial stage of the temporary Partner Visa (subclass 820) is approved.

A longstanding partnership is defined as one that spans over 3 years or over 2 years if you have a dependent child together.

Individuals desiring to relocate to Australia, whether temporarily or permanently, are required to fulfil specific health prerequisites; this process is referred to as meeting the health criteria.

The nature of the medical evaluation that is necessary varies based on the type of visa applied for, as well as other determining factors such as age, travel history, and planned activities within Australia. In the case of applying for a Partner Visa, which ultimately paves the way for permanent residency, a more extensive series of medical assessments will be conducted compared to those required for a temporary work visa.

Should your partner not satisfy the health criteria, it could result in the denial of the Partner Visa application. If your partner is dealing with health-related issues or concerns, seeking professional guidance before submitting the visa application is crucial. This guidance can help determine whether the Department of Immigration might consider granting a Health Waiver in your specific circumstances.

Should this situation occur, you and the sponsor associated with your case have the right to request a review of the visa rejection decision by applying to the Administrative Appeals Tribunal. In case you are currently in Australia, you must submit this application within 21 days of receiving the notification about the visa refusal. Keep in mind that there is a fee that needs to be paid to the Tribunal when making this application.

If your appeal to the Tribunal is successful and your visa application is sent back to the Department of Immigration for reevaluation, you will be eligible for a 50% refund of the fees you paid.

Regrettably, should your relationship conclude prior to being approved for the initial stage of the temporary Partner Visa (Subclass 820 or 309), your visa application will be declined.

In the event that your partnership with your Australian sponsor concludes while you are in the process of the first stage temporary Partner Visa (Subclass 820 or 309) and awaiting the subsequent stage for the permanent Partner Visa (Subclass 801 or 100), there exists a possibility of still obtaining a partner visa. This can apply applies if you or a family member experienced instances of family violence during the course of the relationship, Or if you share custody of dependent children.

Navigating the regulations and assembling the necessary evidence to establish cases of family violence is notably intricate. Seeking expert guidance is of utmost importance if you find yourself in this scenario, as it significantly enhances your prospects of attaining permanent residency.

Indeed, your eligibility for sponsorship by your partner hinges on whether they are constrained by sponsorship restrictions.

If your Australian partner has sponsored two other partners for migration to Australia in the past, or has sponsored an additional partner within the preceding five years, or has been sponsored as a partner themselves within the last five years, they might not have the ability to sponsor you.

However, there are exceptions. In cases of compelling circumstances, such as the demise or abandonment of their previous partner, particularly if they left behind young children, or if your current relationship is of long-standing nature, or if you and your partner share children from your relationship, your partner might still be granted permission to sponsor you. In these cases you should seek professional advice. 

Certainly, your ability to do so hinges on the timeframe when your own Partner Visa application was submitted. Restrictions on sponsorship come into play here.

If you've been sponsored as a partner yourself within the past 5 years, you may be ineligible to sponsor another individual for a Partner Visa. Nonetheless, there might be provisions allowing you to sponsor your partner under exceptional circumstances. For example, if your previous partner passed away or terminated the relationship, leaving behind dependent children, or if your current relationship is of considerable duration, or if there are children from your present relationship.