Aus Visa Library

Understanding the Skills Assessment Process for Migration

Migration
Understanding the Skills Assessment Process for Migration
The 2-year work requirement for Australian partner visa sponsors is a guideline, not a strict rule, encouraging sponsors to show stable residency and employment to support genuine and secure applications. Providing evidence of established work and residence increases application success, but exceptions and flexibility exist based on individual circumstances.

If you're considering applying for or supporting someone with an Australian partner visa, you may have come across references to the "2-year work requirement." This guide breaks down what this requirement actually means, how it operates in the context of Australian migration, and everything you need to know to navigate it confidently.

Understanding the 2-Year Work Requirement for Partner Visas

What Is the 2-Year Work Requirement?

In the context of Australian migration, the "2-year work requirement" generally refers to the condition that a sponsor for a partner visa has held permanent residency in Australia for at least two years and has demonstrated sustained living and work activity in Australia during that period. Importantly, this isn't a fixed legal requirement under all streams but is a practical consideration that may arise in:

  • Permanent Partner Visa (Subclass 801 or 100) assessment stages, especially when evaluating the sponsor's ties, stability, and ability to support the applicant.
  • Temporary visa holders or recently arrived permanent residents who wish to sponsor a partner or spouse soon after their own migration journey.

The purpose of the 2-year guideline is to ensure sponsors are established, able to support their partner, and committed to life in Australia.

Why Is It Important?

  • Eligibility and Evidentiary Support: Department of Home Affairs (DHA) may scrutinize sponsorships where the sponsor has limited work history or physical presence in Australia.
  • Financial Stability: Proven work history may be used as evidence of stability to minimize the applicant's risk of needing government assistance.
  • Addressing Migrant Vulnerability: The government seeks to protect both sponsors and applicants, ensuring relationships are genuine and not entered into primarily for migration purposes.

How Does the Requirement Work?

Sponsor Criteria

While the regulations do not universally prescribe a black-and-white 2-year work rule, commonly:

  • Recent Migrants: Sponsoring a partner soon after the grant of your own visa may trigger additional questioning.
  • New Zealand Citizens: May need to show work and residence in Australia for 2 years for some visa streams.
  • Permanent Residents and Citizens: Usually demonstrate ties through employment, residence, and community engagement.

Application Process

  1. Gather Employment Evidence:

    • Payslips, tax records, employment contracts
    • Evidence of ongoing work and community involvement

  2. Proof of Relationship Stability:

    • Co-habitation leases, utility bills, shared financial statements

  3. Demonstrate Residence:

    • Residential leases/mortgage, utility connection dates

  4. Complete Statutory Declarations:

    • Outlining history of living and working in Australia

  5. Additional Information if Requested:

    • If the sponsor hasn’t met the 2-year threshold, provide explanations (study, overseas posting for an Australian company, etc.)

For Which Visas Does This Apply?

  • Partner (Temporary) visa (Subclass 820/309)
  • Partner (Permanent) visa (Subclass 801/100)
  • Prospective Marriage Visa (Subclass 300)
  • Partner visas involving New Zealand citizens may have specific 2-year work/residence aspects

Benefits and Features

  • Strengthens the Visa Application: Shows the sponsor’s genuine settlement and long-term commitment to community and family
  • Facilitates Quicker Processing: Fewer requests for further information when the sponsor is well-established
  • Reduces Risk of Visa Refusal: Mitigates doubts about the genuineness of the sponsor’s capacity and intent

Common Challenges and Practical Solutions

Challenge: Sponsor Has Not Lived or Worked in Australia for 2 Years

Solution:

  • Provide valid reasons (study, family responsibilities, health issues, overseas deployments)
  • Offer alternate evidence of financial/relationship stability

Challenge: Irregular Employment or Gaps

Solution:

  • Submit supplementary documentation (Centrelink records, superannuation statements, letters from employers)

Challenge: Sponsor Is a Recent Migrant

Solution:

  • Build a compelling narrative about your commitment to reside in Australia and provide for your partner

Professions and Typical Sponsor Profiles

The "2-year work guideline" can apply to any sponsor, but is most commonly referenced for:

  • New permanent residents (Skilled, Family, Humanitarian stream)
  • International graduates with recent PR grant
  • New Zealand citizens residing in Australia
  • Professionals on regional or employer-sponsored pathways

Professions include:

  • Healthcare workers (nurses, carers, GPs)
  • IT professionals
  • Tradespeople
  • Accountants and finance professionals
  • Academics and researchers
  • Hospitality professionals

Frequently Asked Questions (FAQs)

How strict is the 2-year work requirement for a partner visa sponsor?

  • There is no literal written law for all partner visas, but demonstrating residence and work in Australia helps prove your ability to sponsor and support your partner.

Will not meeting the 2-year work threshold result in automatic refusal?

  • Not necessarily. The DHA takes a holistic approach, reviewing all circumstances and evidence.

Can time spent studying or traveling outside Australia count?

  • Time abroad may count if you maintained an Australian base (e.g., paid taxes, retained a residence, or worked for an Australian employer overseas).

Are there exceptions for certain situations?

  • Yes. Humanitarian entrants, refugees, or people with compassionate circumstances may have additional leniency.

What are the costs associated?

  • Standard Department of Home Affairs partner visa charges apply (as of 2024, around AUD $8,850 for offshore/onsite applications). Additional costs may include document certification, translation, and legal or migration agent fees.

How long does it take to gather evidence?

  • Start collecting documents as soon as possible. Two years’ history is ideal, but documentation for your entire Australian