People often ask me under what circumstances a partner migration visa can be priority processed. Everyone knows that the average wait for partner migration is now around 2 years. The quota has increased by 1k this year, but processing remains very slow overall. Many people overseas in particular hope to reunite with their partners in Australia for the long term as soon as possible. So, can partner migration be priority processed? If so, in what circumstances?
Can Australian partner visas be priority processed? The Department’s core rules
Today, drawing on the Department’s guidance, we will take a detailed look at priority processing for partner migration (hero image). Priority processing of a partner visa must meet a strict two-part threshold: both Compassionate circumstances and Compelling reasons.
Simply put:
Compassionate circumstances focus on humanitarian considerations, personal misfortune and exceptional hardship. In other words, your circumstances warrant compassion, and failing to address them would cause significant trauma to the individual or family.
Compelling reasons focus on urgency, the lack of an alternative and the national interest. In other words, why must the matter be prioritised now instead of remaining in the normal queue?
Both conditions must be met at the same time. The priority-processing procedure is also straightforward: once both factors are met, priority processing can begin (Figure 2).
The compassionate circumstances listed in the Department’s guidance appear in Figure 3, and the compelling reasons appear in Figure 4.
Common misconceptions that do not support priority processing (frequent reasons for refusal)
Priority processing will not be considered if there is only a single reason (Figure 5). Whether you are facing financial hardship, want to reunite sooner because separation is too painful, need PR to find work in Australia, have booked a wedding venue or are experiencing an ordinary pregnancy, reasons of this kind are not enough to request priority processing.
This is also why many people have their priority-processing requests refused on the basis that they have not met the threshold. If priority processing is unsuccessful, you will receive a refusal letter similar to the one in Figure 5. Of course, if it is successful, the visa will be assessed and granted as soon as possible.
A round-up of genuine scenarios in which priority processing has succeeded
Common recent situations in which priority processing has succeeded include where, at the time of lodgement, the applicant already met the requirements for a long-term partner relationship (a relationship of at least 3 years, or at least 2 years with a child), and the applicant also had skills in shortage in Australia or an offer for a shortage occupation.
Another situation is where the applicant or sponsor has unusual health considerations during pregnancy, such as complications, and urgently needs the partner to be present to provide care.
There may also be health-related reasons involving the sponsor and family members, where not granting the applicant a visa promptly could cause further physical or psychological harm to the sponsor, and so on.
Partner visa priority-processing documents and lodgement pitfalls
Priority processing for a partner visa is not about telling a story; it is about fully explaining the circumstances and providing evidence. The Department considers only written proof that has legal force or comes from an authoritative source, such as a medical certificate, a police attendance record or an offer from a regional employer.
If you meet the priority-processing conditions above, it is therefore best to organise all the documents you can before making the request. Generally, there is only one opportunity to provide further information, so after receiving a request for further information, you should do your utmost to provide all the material completely in a single response!
In addition, in the new financial year, compared with other visa categories, we have not yet seen particularly many grants of temporary partner visas (309/300/100). By contrast, we have seen quite a few grants of permanent visas 100 and 801. Hopefully partner visa processing will become faster in the new financial year!
