Immigration Lawyers and Migration Agents should note that applicants affected by section 48 of the Migration Act 1958 must meet additional criteria outlined in paragraph 1124B(3)(e) of the Migration Regulations 1994 to submit a valid Partner Visa Subclass 801 application. Section 48 applies to those who do not hold a substantive visa and have had a visa refused or cancelled after their last entry to Australia, with certain exceptions.
Documents Required for Partner Visa Applications
To fulfill the requirements of paragraph 1124B(3)(e), visa applicants must ensure the following documents are included when submitting an application for the combined Partner subclass 820 and 801 visas:
- Sponsorship Form: A ‘Sponsorship for a Partner to Migrate to Australia’ online form (or a paper form in limited circumstances) completed by the sponsor, who must be an Australian citizen, permanent resident, or eligible New Zealand citizen.
- Statutory Declarations: At least two statutory declarations made by Australian citizens, permanent residents, or eligible New Zealand citizens, declared no more than 6 weeks before the Subclass 801 visa application date. These declarations must confirm that the applicant and the sponsor are in a married or de facto relationship. The Commonwealth Statutory Declaration form can be obtained from the Attorney-General’s Department.
Failure to include these documents may result in the combined Partner visa application being deemed invalid.
Changes to Form 888 for Partner Visa Applications
Additionally, form 888, ‘Supporting statement in relation to a Partner or Prospective Marriage visa application,’ is not considered a statutory declaration. This change took effect on 24 July 2023, and form 888 cannot be used to satisfy the requirements of 1124B(3)(e)(iii). The Department of Home Affairs no longer accepts old versions (pre-design date 07/23) of form 888.
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