Classes, Sub-classes, Onshore, Offshore???
The Department of Home Affairs was established in 2017 and manages Australian immigration and border protection.
In the immigration arena, there are several classes of Visas, including:
- Studying and Training
- Family and Partner
- Working and Skilled
- Refugee and Humanitarian
Within each of these classes there are sub-classes. Within the Family and Partner Class, there are 25 sub-classes.
This text refers to the following sub-classes:
- Prospective Marriage Visa (living overseas): sub-class 300 — which may lead to:
- Partner Visa Temporary: sub-class 820. Permanent: sub-class 801 (living in Australia)
- Partner Visa Temporary: sub-class 309. Permanent: sub-class 100 (living overseas)
These different sub-classes cover the various possible circumstances of a person either engaged to, married to, or living in a de-facto relationship with an Australian citizen or resident, or an eligible New Zealand resident living in Australia. Relationship gender is no longer a factor in applications.
Supply and Demand
The Australian Government does not have a formal cap on immigration numbers, nevertheless, for planning purposes the allowed annual immigration figure stands at around 47,000. Given that approximately 70,000 applications are on file at any one time, many applicants will clearly not be successful.
It is therefore imperative that applicants meet the required criteria, and that they completely and properly present their case.
Application fees start at over $7,000, so it is vital that applicants maximise their chances of success with professionally prepared applications. In the event that an application is rejected, no refund is given.
The primary goal
The Department of Home Affairs is keen to assist genuine applicants, but their primary task is to protect the Australian country, its people, businesses and society, from those who seek to abuse the immigration laws either deliberately, or unintentionally.
The genuine nature of applicants’ relationships may be obvious to the applicants and their families and friends, but it is the Department who must be thoroughly convinced. They need to completely understand your full circumstances, and your complete story.
Applications take time to be processed, often extending into years, however, this is not bureaucratic inefficiency. It is imperative that what is purported to be a sound and long lasting, committed relationship, is proven to be that, over time. A relationship that sours two months after the application was submitted will have already telegraphed its outcome, without any Government intervention.
Provide the proof
Depending upon the circumstances, that is, one party living overseas with the sponsor living in Australia, or both parties living together in Australia, full disclosure of the relationship must be made. This may include:
- Date the relationship began
- Shared responsibilities of finance, property ownership, childcare and so on
- Regular communications, visits, holidays, including social media connections
- Communication and involvement with family and joint friends
- Demonstration of commitment to an ongoing, caring relationship
This list is far from exhaustive, but it gives a clue to the complex nature of the evidence required. There is vastly more detail needed in completing the pieces to this quite complex jigsaw, and it is vital that the complete picture is submitted, with no missing pieces.
What do I do?
Gather the pieces of your story in written form, with supporting documentation, and make an appointment with one of our highly skilled immigration lawyers. This is what we do—every day.
Immigration Law … let us help you assemble the jigsaw. It will be easier with sound legal advice from the experts. Owen Hodge Lawyers. We are here to help.