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2. Checklist – Partner Migration
On this page: Application forms and fee; Health and character documents; General and specific document requirements and Relationship evidence
Please read through this checklist carefully, as it details the types of documents you will be required to provide in support of your Partner Migration (Spouse, Interdependent or Prospective Marriage) application. It is important that you are able to complete as many of these requirements as possible prior to lodging your application, as this will ensure your application is processed without unnecessary delay. Please note that this checklist refers to a number of documents that are specific to China, as it assumes that the applicant is a Chinese citizen.
When organising required documents please have regard to the following:
• We only accept notarised / certified copies of official documents. In Australia, copies must be certified by a Justice of the Peace or Registered Migration Agent or a person before whom a Statutory Declaration can be made under the Statutory Declarations Act 1959 as a true copy of the original. In China, copies must be notarised by a Public Notary Office.
• Documents in languages other than English must be accompanied by an English translation. In Australia, translations must be performed by a NAATI (National Accreditation Authority of Translators and Interpreters) accredited translator. In China, translations must be performed and notarised by a Public Notary Office.
Please email us should you have any questions about any of the listed documentary requirements.
What is a Public Notary Office?
There are over 3,000 Public Notary Offices (公证处 gongzhengchu) in counties, autonomous areas, and municipalities across China. For the contact number of your local Public Notary Office, call directory assistance in China on 114. Public Notary Offices are accredited by the Chinese government to perform a number of notarial roles, including:
• Notarising the authenticity of signatures, translations, copies of certificates, and photocopies with originals; and
• Notarising facts that amount to civil legal acts such as birth, death, marriage, divorce, kinship, identity and qualifications, and the issuing of the relevant Notarial Certificate - including “Certificates of No Criminal Conviction” (see “Health & Character Documents” below).
Please note that Public Notary Offices’ application procedures for Certificates of No Criminal Conviction (CNCC) differ from region to region, as does the title of the CNCC itself. Depending on the Public Notary Office, a CNCC may be referred to as a “Certificate of No Criminal Record” (无犯罪记录公证 Wufanzui jilu gongzheng), “Certificate of No Criminal Sanction” (无刑事处分公证书/未受刑事处分公证书 Wuxingshi chufen gongzhengshu/Weishou xingshi chufen gongzhengshu), or simply a “Notarial Certificate” (公证书 Gongzhengshu) certifying no criminal record.
To obtain a CNCC, you should contact your local Public Notary Office, who should be able to advise you on the application procedures specific to that locality.
Application Forms and Fee
Please note that all application forms are only available in the English language, and you must complete the forms in English.
• Form 47SP Application For Migration To Australia By A Partner completed and signed by the applicant;
• Form 40SP Sponsorship For A Partner To Migrate To Australia completed and signed by the sponsor;
• The visa application charge for partner migration. Payment options are listed below:
1. Pay by China Post money order;
2. Pay at a DIAC office in Australia and submit the original pink receipt to us; or
3. Pay in person at our office (Chinese RMB only accepted)
• Completed Settlement Information Form 886 Settlement Details;
• Form 47A Details Of Child Or Other Dependent Family Member Aged 18 Years Or Over (if you have any children over 18, including those from a previous marriage, or dependent family members – whether migrating with you or not). Please also provide evidence of your child's dependency on you if he/she is included in your application; and
• Form 888 Statutory Declaration By A Supporting Witness Relating To A Partner Visa Application (x2).
Health and Character Documents
• All applicants aged 11 years old and over are required to undergo a medical and chest x-ray examination. Applicants aged less than 11 years old are required to undergo a medical examination only. Please also note that if you have a child from a previous marriage, that child will also be required to undergo medical checks if under the age of 18 years old - whether migrating with you or not. You should make your own arrangements to attend an approved immigration panel hospital to undergo these examinations before lodging your Partner Migration application. You should ensure that you are aware of the visa subclass that you intend applying for because the panel doctor will need to know this, and you should ensure that you bring the following documents to your appointment at the panel hospital:
1. Form 26 Medical examination for an Australian visa;
2. Form 160 Radiological report on chest x-ray of an applicant for an Australian visa;
3. Applicant's current passport (or photographic Id if no passport available); and
4. Two passport-sized photographs per applicant/child.
• Form 80 Personal Particulars For Character Assessment (for visa applicants aged 16 years or over);
• Form 1101 Police Records Check - Consent to Obtain Personal Information (for visa applicants who have been to Australia for twelve months or more during the past 10 years). This form contains all the relevant instructions on how to obtain an Australian Federal Police (AFP) certificate. This applies only to individuals over 17 years of age; and
• A Notarial Certificate of No Criminal Conviction for each applicant aged 16 years or over. In addition, if you or any migrating dependents have been to any country other than Australia before and stayed for more than 12 months within the last 10 years, please provide a Penal Certificate from this/these country/countries. This applies only to individuals over 16 years of age. Please refer to www.immi.gov.au/allforms/character-requirements/index.htm for information on character and penal clearance requirements.
As indicated above, if you have any children under the age of 18 years old – whether from your current or previous relationship and whether migrating with you or not – they will also need to meet Australia’s health and character requirements in order for you to meet the requirements for a Partner Migration visa. This means that your child(ren) will be required to:
• undergo a medical examination, including a chest x-ray if over 11 years of age; and
• obtain a Certificate of No Criminal Conviction and/or a penal clearance from each country he/she has resided in for periods of more than 12 months within the last 10 years (if over 16 years of age).
If you are unable to arrange for your child(ren) to undertake the above checks because you cannot gain access to them, their whereabouts are unknown to you or their current guardian refuses to cooperate, then you will be required to provide third party corroboration of this. Typically, acceptable corroboration would include a Court Order confirming non-access to a child or that their whereabouts are unknown, or confirmation from the child’s guardian that he/she is unwilling to cooperate (including his/her contact details so that our office can verify this).
General Documentation Requirements
• Evidence of the sponsor’s Australian Citizenship or Permanent Residence, such as a certified copy of their passport or Australian birth certificate;
• A Notarial Certificate of Birth for each applicant;
• 2 recent passport size photographs of you and any dependent child whether migrating or not, and 2 passport size photographs of your sponsor. Please write the name and date of birth on the back of each photo;
• Evidence of your sponsor’s employment in Australia. This may include a letter from his/her employer(s) (the letter should state what the sponsor’s salary is), pay slips or tax returns;
• Written declarations from you and your sponsor detailing the history of your relationship; and
• A copy of your passport.
Specific Documentation Requirements
• If your sponsor is a New Zealand citizen, apart from the copy of passport, please provide 4 recent passport size photographs of your sponsor, and a Form 80 Personal Particulars for Character Assessment completed by your sponsor;
• If you are going to apply for a spouse visa as a married couple, please provide a notarised copy of you and your sponsor’s Marriage Certificate;
• If you are going to apply for a spouse visa as a de facto couple, please provide evidence that your de facto spouse relationship is genuine and continuing, has existed for the entire 12 months before lodging this application, and has included a substantial period of living together;
• If you are going to apply for prospective marriage visa as an engaged couple, please provide the following documents:
1. A document from the Registry of Births, Deaths and Marriages in Australia stating that your sponsor is free to marry;
2. A Notarial Certificate stating that you are single and free to marry;
3. Evidence that arrangements have been made for your marriage ceremony to take place. This evidence should be in the form of a signed and dated letter, on letterhead, from the authorised marriage celebrant who will conduct the ceremony. The letter should outline the date and venue of the marriage ceremony and confirmation that a Notice of Intended Marriage (NOIM) has been lodged with the celebrant; and
4. Evidence that you and your sponsor have met and are personally known to each other. Please note that prospective marriage applicants and their sponsors must have met and be known to each other personally at time of application.
• If you or your sponsor have been married previously, please provide notarised / certified copies Divorce Certificate(s) in relation to all previous marriages. The certificate should feature a copy of the full court order for divorce or voluntary divorce agreement. It should also include details of any child custody arrangements. Please also provide a written statement(s) detailing the circumstances which led to your previous divorce/separation;
• If you or your sponsor is widowed, please provide a Notary Certificate of your previous spouse’s death certificate; and
• If you have a dependent child from your previous marriage included in your application and the child is under 18, please provide the following documents:
1. Evidence that you have custody of the child; and
2. A signed written statement made by your previous spouse demonstrating his/her consent to your child’s migration with you to Australia. This statement must be accompanied by a copy of their Chinese ID Card and contact details.
In abiding by its obligations under The Hague Convention on the Civil Aspects of International Child Abduction, the Australian Government requires that consent be obtained by both parents or legal guardian(s) for that child to migrate to Australia. If you have a child from a previous relationship and you intend for that child to migrate with you, you must provide the signed consent of the other natural parent.
If you are unable to provide the signed consent of the other parent, we require a court order that has the effect of giving you the sole right to decide where the child is to live. In China, such an order usually takes the form of a Civil Ruling (民事裁定书 Minshi caidingshu) from a Chinese People’s Court cancelling (取消 quxiao) the other parent's guardianship rights. Please note that a court order or divorce agreement merely stating that you have custody in terms of “joint life” (共同生活 gongtong shenghuo) or “(the right to) fostering/bringing-up” (抚育 fuyu / 抚养(权) fuyang(quan)) is not sufficient, as it does not necessarily preclude the other parent from possessing a right of custody and/or access.
Where a divorce agreement, or “Paper of Civil Mediation” (民事调解书 Minshi tiaojie shu) issued by a Chinese People’s Court states that the other parent agrees to “relinquish/waive his/her guardianship and visitation rights in relation to the child”, our office will not require consent from that parent. Please note, however, that a divorce agreement must be issued through a Chinese People's Court to be sufficient for this purpose.
Visa applicants and their sponsors must demonstrate that they have a mutual commitment to a shared life to the exclusion of all others; that their relationship is genuine and continuing; and that they live together, or do not live separately and apart on a permanent basis. Evidence demonstrating this is therefore critical to the assessment of any Partner Migration application, and may include, but is not limited to, the following:
• Evidence that you and your sponsor have lived together in China and have maintained a shared household. For Example, joint lease agreement, joint property ownership, mail sent to same address over a significant period, property entry identification cards, temporary residence permit, foreigner work permit card featuring residential address;
• Evidence that you have maintained contact during periods of separation. Such evidence is important, particularly in the case of relationships where there have been extensive periods of physical seperation. As a guide, evidence could include, letters (with envelopes and contents), telephone bills, IP card itemised call listings, and copies of emails (with date of transmission), on line chatting and SMS records, etc;
• Evidence that your relationship is socially recognised by your friends and relatives. For example, photographs of you and your spouse with third parties taken throughout your relationship and statements or Statutory Declarations (Form 888) from friends and relatives outlining their knowledge of your relationship. These statements should be accompanied by a photocopy of the writer’s ID cards and contact telephone numbers;
• Evidence of any joint financial arrangements entered into by yourself and your partner, or any financial support you or your partner have provided to each other during the course of your relationship/marriage.
• Evidence of any joint responsibility for the care of any children of your relationship; and
• If you have lived together with your sponsor in Australia, any evidence of this, such as joint tenancy agreement(s), joint utility bills, and rental receipts.
Please refer to 3. How to Apply - Partner Migration for information on how and where to lodge your Partner Migration application in China.
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