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Partner Migration Visas
Detailed information about partner migration visas is available from the Australian Department of Immigration and Citizenship (DIAC) website.
See: http://www.immi.gov.au/migrants/family/family-visas-partner.htm and
http://www.immi.gov.au/allforms/booklets/books1.htm
Who is this visa for?
Applicants who wish to migrate to Australia as a partner of an Australian citizen or permanent resident (or an eligible New Zealand citizen) may apply for one of the following visas at the Australian Embassy Vienna:
- Fiance – visa subclass 300 (Prospective Marriage) – if you intend to marry in Australia; or
- Spouse – visa subclass 309 (Spouse Provisional) – if you are married (or intend to marry before travelling to Australia) or you are in a de facto spouse relationship; or
- Interdependent Partner – visa subclass 310 (Interdependency Provisional).
How to apply
For general information about applying for visas in Vienna, see: Applying for Visas
To make a partner visa application in Vienna, you have two options:
Option i. Apply in person with an appointment
If you apply in person with an appointment, you will generally be interviewed on the same day. If your sponsor is currently residing with you, he/she should accompany you to the interview. Having your interview on the day of application can reduce processing times.
If you would like to lodge your application in person, please contact us by telephone at least two (2) weeks prior to the week you would like the appointment, between 11.00am and 13.00pm on (+43 1) 506740.
Please bring all required documents and the correct fee to your appointment (see Document Checklist below).
In some cases, applicants/sponsors may be requested to attend a second interview at a later date.
Option ii. Apply by mail
You can also lodge your visa application by mail or courier (please include the documents in the Document Checklist below). If you apply by mail, we will advise you of an interview date by e-mail or fax (if you have authorised us to communicate with you by electronic means) or mail. In some cases, we may interview you by telephone.
If you have not provided all relevant documents from the checklist below with your mailed application, please ensure that you bring them to your interview.
General processing information
Once your application is received, you will receive a receipt letter and file number together with the name of your case officer and information about current average processing times.
If you have nominated another person to receive written communications on your behalf, we will send your receipt letter and all other written communications to that person.
Once a decision has been made on your application, you will be advised in writing whether you have been granted or refused a visa.
Health Examination
We will also send you a letter asking you to undertake a health check and X-ray with one of our authorised panel doctors. You may also choose to do your health check with a panel doctor before you lodge the visa application, but please be aware that costs are not refunded if your visa application is refused. For a list of panel doctors, see: Panel Doctors list
Please note that the panel doctor must send your medical examination results directly to our office, not give them to you.
Assurance of Support
Please note that if your sponsor is not in full time employment or has received any social security benefit in the last two years, we may request an Assurance of Support. For more information, see: http://www.immi.gov.au/allforms/990i/assurance-of-support.htm
Processing times
For our service standards for partner migration processing, see: http://www.immi.gov.au/about/charters/client-services-charter/visas/5.0.htm
Depending on individual circumstances, applications may take shorter or longer than the indicated standard processing times. For example, where there are significant health or character issues, complex child custody issues, the visa applicant has previously breached Australian visa conditions, or an Assurance of Support is required, processing times are likely to be longer than average. Please apply as early as possible before the time you wish to move to Australia.
Entry to Australia where a visa is granted
The holder of a partner visa can travel to and from Australia without restrictions as long as the visa is valid. The first entry to Australia with a partner visa must, however, be made by the entry date specified on the visa. This date is determined by the medical and police clearances, both of which are valid for one year. Once a visa has been issued, the initial entry date cannot be changed.
Document checklist
Please provide the documents in the list below with your application. All official documents must be certified copies of originals (ie certified by notary public/Justice of the Peace etc), or originals may be provided together with photocopies. If for any reason you cannot supply any of the requested documents, please provide a letter of explanation.
Documents not in English must be accompanied by an official English translation.
Any document provided in support of your application may be checked. If you are found to have supplied false and/or fraudulent supporting documents/ declarations, your application will be refused.
For all partner migration applications:
For all partner migration applications:
- Form 47SP (Application for migration to Australia by a partner) and Form 40SP (Sponsorship for partner migration to Australia). See: http://www.immi.gov.au/allforms/booklets/books1.htm
Please be aware that forms are updated regularly - before you submit a visa application please check that you have completed the most current form (see: http://www.immi.gov.au/allforms/application-forms/index.htm) - Application fee. See: Fees
- 3 passport-size photographs
- Birth certificates for all members of your family unit (i.e. yourself and any children) - whether or not they are applying to migrate to Australia with you. Please provide original language version plus English translation.
- Evidence that your sponsor is an Australian citizen or permanent resident or eligible New Zealand citizen (eg certified copy of passport/citizenship certificate/visa label)
- Your marriage certificate (if applicable) - please provide original language version plus English translation
- Your and your sponsor’s divorce certificates (if applicable) - please provide original language version plus English translation
- Police clearance certificate from every country where you have stayed for a total of 12 months or more (cumulatively) in the past 10 years . Please provide the original certificate(s), together with a photocopy and an English translation.
Further information is available from the Character Requirements Penal Clearance Certificates form (see link below). If you are including children 16 years or older in your visa application, they will also need their own police clearance certificate(s).
See: http://www.immi.gov.au/allforms/character-requirements/character-penal.pdf
- Applicants from Bosnia and Herzegovina are required to provide two police clearance certificates (Certificate of No Convictions - Uvjerenje o Nekaznjavanju), the first from from the Ministry of Interior (Ministarstvo Unutrasnjih Poslova) and the second from the Municipal Court (Opcinski Sud/Osnovni Sud) in the place of residence
- Applicants from Croatia are required to provide two police clearance certificates (Certificate of No Convictions), the first from the Ministry of Justice (Ministarstvo Pravosudja) in Zagreb and the second from the Municipal Court (Opcinski Sud) in the place of residence
- Applicants from the Czech Republic are required to provide Vypis z trestniho rejstriku
- Applicants from Slovakia are required to provide Vypis z registra trestov
- Applicants from Slovenia are required to provide a police clearance certificate from the Ministarstvo za Pravosodje in Ljubljana
- Applicants from Bosnia and Herzegovina are required to provide two police clearance certificates (Certificate of No Convictions - Uvjerenje o Nekaznjavanju), the first from from the Ministry of Interior (Ministarstvo Unutrasnjih Poslova) and the second from the Municipal Court (Opcinski Sud/Osnovni Sud) in the place of residence
- If you have included in your application a dependent child over the age of 18 years, please complete Form 47A and provide evidence of the child's dependence on you.
See: http://www.immi.gov.au/allforms/pdf/47a.pdf - If you have served in the military (including national service), evidence of service discharge (please provide original language version plus English translation)
- Applicants who were resident in the former socialist Federal Republic of Yugoslavia in 1991 and were born between 1930 and 1985 are required to complete and sign a character declaration.
See: Declaration and statement regarding character - Form 80 (Personal particulars for character assessment) completed and signed.
See: http://www.immi.gov.au/allforms/pdf/80.pdf - If your application includes a child under 18 years of age, formal written consent is required from the non-migrating parent or legal guardian confirming that the child may migrate to Australia, or a court order indicating that you have sole custody of the child and may therefore determine where he/she resides. The document must be certified by an authorised person or institution (ie notary public, justice of the peace (JP) etc). If you are unable to obtain consent from the non-migrating parent, please contact our office to discuss available options. See: Contact Us
- Additional documentation to support your application for a partner visa:
Note: All documents must be accompanied by an explanation as to what each document is and how it is relevant to your visa application. Related documents should be grouped together and, where appropriate, dates or periods of time should be clearly marked on the documents.
- Written statements from you and your sponsor outlining the history of your relationship (eg when and how you met, significant events in the relationship, joint activities, etc.). Where you have enclosed additional supporting documents to support statements in your relationship history, eg. photos, declarations etc, please indicate clearly what each document relates to.
- Evidence of communication with your sponsor during times of separation, eg. telephone bills, letters, cards.
- Evidence that your relationship is genuine and continuing eg, photographs*, statutory declarations from family members and friends and/or employer and/or other relevant persons supporting your application.
- *Photographs must be accompanied by photocopies and a description of the photograph, including place, date and the names of those people who are in the photograph. Original photos, letters, etc will be returned to you when your application is finalised. Please do not send photograph albums or CDs - please make a small selection of relevant photos.
- Form 888 may be used for statutory declarations. See: http://www.immi.gov.au/allforms/pdf/888.pdf
- Written statement and evidence from your sponsor demonstrating how he/she intends to meet his/her sponsorship obligations, eg evidence of employment (with salary level), evidence of property ownership or other assets, evidence of savings.
- Written statements from you and your sponsor outlining the history of your relationship (eg when and how you met, significant events in the relationship, joint activities, etc.). Where you have enclosed additional supporting documents to support statements in your relationship history, eg. photos, declarations etc, please indicate clearly what each document relates to.
Additional requirement for Spouse/Interdependent visas only:
- Evidence of your spouse/interdependent relationship covering financial aspects, the nature of the household and social context of the relationship (for more information, see: http://www.immi.gov.au/allforms/booklets/books1.htm).
Additional requirements for Prospective Marriage (Fiance) visas only:
- Notice of Intended Marriage – letter from the marriage celebrant or registrar's office in Australia confirming that a notice of intended marriage has been lodged.
- Certificate from the registrar confirming that you are free to marry, eg
- Potvrdenie o pravnej sposobilosti k sobasu (Slovakia)
- Poturda o slobodnom bracnom stanju (Croatia/Bosnia)
- Evidence that you and your fiancé have met in person and are personally known to each other.