HOW TO EMIGRATE...
The GLITF Guide to Applying for Interdependency Migration is a very useful guide to assist you in designing a framework for your actual application process. Read the GLITF guide book and the DIMA Partner booklet.
Rules For Applying
Criteria to be met before applying for Partner Migration.
1. The sponsor must be an Australian citizen or a Australian permanent resident (being usually a resident) or an eligible New Zealand citizen. (People who are New Zealand Citizens and are usually resident in Australia and who wish to sponsor a partner from overseas, should be aware that they, too, will have to prove a strong tie with Australia.)
They (sponsor) must have been a resident for some time, own property or work here and intend to stay in Australia. They will also have to complete public health and police check requirements on last entry to Australia in order to become an eligible New Zealand Citizen.
If they fail these checks, then they could find themselves removed from Australia as a behaviour or health concern non-citizen.
People who are Australian citizens or permanent residents do not have to undergo police or health clearances.
If your partner has previously sponsored an overseas partner or themselves were sponsored, 5 years must have passed from the date of application. However, the Minister may approve a shorter period if there are compelling circumstances.
2. Both parties must be over 18 years old.
3. You must prove that you have lived together and not separately and apart for a 12 month period immediately prior to lodging the application.
4. You can prove you have a mutually committed relationship.
5. Your relationship is genuine and ongoing.
6. You can be proved to be of good character.
National Police Check Application Form
7. You pass the government health check. More information.
Read the Australian Immigration Law here!
Making Your Application
You can obtain the necessary forms from any Department of Immigration and Multicultural Affairs (DIMA) office or Australian Overseas Mission near you. You may also download most of the forms from DIMA's web site.
NOTE: Get the Partner Migration Visa application forms and NOT the De Facto visa application forms!
After Lodging Your Application
If you applied within Australia you will automatically be issued with a Bridging Visa class 'A' when the application was accepted. This visa is not evidenced in your passport, and you will not receive notification of it being issued.
If you have lodged your application while you still hold a valid substantive visa, (e.g. Student, Tourist, Working Holiday etc.) this visa will remain in force with all conditions intact until it's expiry date. Only after it has expired will the Bridging Visa become active. It is therefore essential you are aware if you need to leave Australia for a short period of time YOU MUST apply for a bridging Visa class 'B'. If you have not got a Bridging Visa class 'B' you will not be able to re-enter Australia.
If you have lodged your application while you still hold a valid substantive visa your Bridging Visa class 'A' will carry the same conditions as your substantive visa.
If you did not have a valid substantive visa at lodgment time the Bridging Visa class 'A' will disallow any work. If you can prove financial hardship you may apply on Form 1005 to be allowed to work.
While waiting for your application to be decided you MUST NOT allow your passport to expire.
Unlawful Non-Citizens (Updated 22 December 1996)
People who are in Australia without a valid visa are said to be Unlawful Non-Citizens. If you are caught you will be arrested and removed from Australia. A ban period of 1 year will then apply before you can make an application to migrate. If you leave voluntarily, there is now no ban period.
If you are caught breaking the conditions of your temporary visa, such as working whilst holding a visitor's visa or not changing employers every three months whilst on a working holiday visa, you will be subject to a 3 year ban before being able to apply to return to Australia.
However, if your visa has expired for less than 28 days, you may still apply to remain in Australia because of your interdependent relationship, providing you can meet certain criteria.
If your visa has expired you should never just appear at the airport as you could be arrested and held at a detention centre. Before you leave, go to the nearest DIMA office and apply on form 1008 for a bridging visa 'E'. If this is granted you will be allowed to remain until your flight leaves, thus enabling you to make a voluntary departure.
Don't be afraid of the Compliance Section, the section of the DIMA responsible for unlawful non citizens. If you apply to leave voluntarily they are usually very helpful and supportive. More Information from DIMA