Maggie Taaffe, principal lawyer and migration agent at AHWC Immigration Lawyers says processing times for the subclass 309 offshore partner visa are experiencing significant delays due to COVID-19, seeing waiting times blow out past the current average of 18 months.
John Hourigan, the national director of the Migration Institute of Australia says the amount of partner visas granted this financial year makes up only about half of all applications in the queue.
Taaffe says inconsistency and a lack of transparency with visa outcomes has caused stress and anxiety among her clients who are unable to visit their partners in Australia or abroad during the coronavirus pandemic
According to Hourigan, it is still possible for offshore partner visa applicants to enter the country. They can apply for a visitor’s visa by seeking consent of the Australian Border Force commissioner to travel as a partner of an Australian citizen or permanent resident.
While Taaffe is concerned that those already granted a fiancé visa may need to start the entire application process again after travel bans are lifted, Hourigan, on the other hand, is more optimistic.
It isn’t any easier for onshore partner visa applicants.
As Luciano had overstayed on his visa before meeting Drew, their application was initially denied and sent to the Administrative Appeals Tribunal, or the AAT, for review, then to the Federal Circuit Court, and now back with the AAT again.
Hourigan says a successful visa application also comes down to how well you document your relationship. According to Taaffe, once the partner visa application is lodged, other documents such as police certificates and health examinations are also required.
According to Taaffe, the Department of Home Affairs does not answer questions on partner visa applications that are within the quoted processing time.
Taaffe and Hourigan both recommend that the best thing to do in the meantime is to keep submitting your supporting evidence.
Taaffe also advises that partner visa applicants register their de facto relationship in territories and states where they can to do so, to increases their chances for their visa claim and possibly of a travel exemption down the track.
Disclaimer: Please note that the comments provided in this article are general advice only and do not apply to all circumstances. If you are concerned about your visa status, it is best that you seek legal advice as soon as possible.
