Australia
Spouse Visa
Australia Spouse Visa
Australian Spouse Visa is for married couples or common-law partners/ de-facto partners (inclusive of individuals in a same-sex relationship) of citizens of Australia, Permanent Residents, and qualified citizens of New Zealand. It permits the Visa holders to enter and stay in Australia permanently.
The Australia Visa for Spouse is chiefly divided into two streams, though the Partner Visa has 3 major subclasses.
- Potential Marriage Visa
- Partner Visa
The type of relationship that you are in decides the type of Spouse Visa that you need to apply for. Below are the relationship types and the corresponding Australian spouse Visas:
- Proposed marriage (fiance): Potential Marriage Visa
- Marital relationship (de jure): Partner Visa
- De facto relationship partner (inclusive of same-sex relationship): Partner Visa
Australia Spouse Visa Subclass
The Subclasses for Australia Spouse Visa are of two types:
- Temporary
- Permanent
Initially, the partners who fulfill the lawful criteria for the approval of the Visa are offered a Temporary Australia Visa. In the future, the Australia Permanent Resident Visa can be offered following a period of eligibility if there are children in the relationship, or if there is a long-standing relationship, immediately after the approval of the Provisional Visa.
Australian immigration through the partner category also permits the temporary arrival to Australia of fiance/intended spouses of citizens and permanent residents of Australia and qualified citizens of New Zealand.
Let us have a brief view of the Australia Subclass Visas depending on your location at the time of applying:
If you are in Australia:
Partner Temporary Subclass 820 Visa and Permanent Subclass 801 Visa
You can apply for this Visa subclass for remaining in Australia with your partner who has to be a citizen or permanent resident of Australia or a qualified citizen of New Zealand. If the relationship is authentic and remains valid even after 24 months after the Visa application, you can be offered an Australia Permanent Resident Visa.
If you are not in Australia:
Partner Provisional Subclass 309 Visa and Permanent Subclass 100 Visa
You can apply for this Visa subclass for remaining in Australia with your partner who has to be a citizen or permanent resident of Australia or a qualified citizen of New Zealand. If the relationship is authentic and remains valid even after 24 months after the Visa application, you can be offered an Australia Permanent Resident Visa.
What are the requirements for the Australia Spouse Visa?
You must fulfill the following requirements to become eligible for the Australia Spouse Visa:
- You and your spouse have an obligation to share life as wife and husband irrespective of whether you are legally married or not to the exclusion of all others.
- Your relationship is continuing and genuine.
- You and your spouse stay together or do not stay part or separately permanently.
- You must have been in a spousal relationship for the past 1 year which normally involves demonstrating that you have stayed together during this period unless you are lawfully married.
- Normally, both of you must be above the age of 18 years.
- You must fulfill the character and health criteria.
Rules and Processes for Australian Spouse Visa
You can be either in Australia or outside when applying for the Australia Spouse Visa, though there are advantages if you apply from within Australia. After the approval of your initial application, you will be offered an Extended Eligibility Provisional Visa. It will permit you to remain in Australia for 2 years and you will possess complete rights to work during this period.
In some situations, it is not mandatory to wait for 2 years before you apply for the Australia Permanent Resident Visa. This can occur if:
- At the time of applying, you have been in a relationship with your spouse for 5 or more years. The relationship with your spouse is 2 years old and you have dependent children.
- Your spouse received the PR Visa through a Humanitarian program or received a Protection Visa and had a relationship with you before the Visa approval and the relationship was announced to the immigration officials in Australia at that time.
You will be entitled to apply for the Australia PR Visa after 2 years if in case your relationship remains valid.
In some situations, you can qualify for the PR Visa even if the relationship has been terminated before the end of the 2 years. These scenarios can be:
- If your spouse has expired during the period.
- If you and your spouse in Australia have kids below the age of 18 years.
- If your dependents or you have suffered domestic violence during this period.
Prospective Marriage Subclass 300 Visa
The Provisional Prospective Marriage Subclass 300 Visa permits you to arrive in Australia to marry your prospective spouse. The Visa application has to be filed from overseas and you must remain overseas at the time of the approval of the Visa. It is a provisional Visa offered for 9 months for getting married. You can get married in any nation and you are not required to get married in Australia.
The Visa will permit you to:
- Arrive in Australia before your marriage to your prospective spouse.
- Arrive and exit from Australia as per your requirement.
- Work in Australia.
- Study in Australia with no access to funds from the Government for tertiary study.
- File application for an Australia Partner Visa after the marriage.
Your spouse sponsoring you for the Visa has to be a citizen or permanent resident of Australia or an eligible national of New Zealand. Your partner cannot sponsor you if they have already sponsored another individual or had been sponsored in the last 5 years or if they have earlier sponsored 2 individuals.
You must note here that you must have met your prospective spouse and they must be aged more than 18 years. This Visa does not apply to couples of the same sex. You can include the following individuals in the Visa application:
- Your dependent kids, and/or
- Additional dependent relatives
The Visa applicant and any dependent members are required to fulfill the character and health requirements.
Partner Visa Subclass 309 and 100 Visa applications made outside Australia
The Provisional Partner Subclass 309 Visa permits you to stay in Australia if you are lawfully married to or are the de facto partner of a citizen or permanent resident of Australia or an eligible national of New Zealand.
Same-sex couples can also obtain this Partner Visa. The Visa application has to be filed from overseas and you must remain overseas at the time of the approval of the Visa. It is the first step toward obtaining the Permanent Partner Subclass 100 Visa. Only one application has to be filed for both your Provisional and Permanent Visas. The application processing is done in 2 phases, roughly 2 years between one another. In some situations, you can obtain a Visa even if the relationship has been terminated.
Your spouse must sponsor you for the Visa. Your partner cannot sponsor you if they have already sponsored another individual or had been sponsored in the last 5 years or if they have earlier sponsored 2 individuals.
The Visa will permit you to:
- Stay in Australia till the verdict for your permanent Partner visa is declared.
- Be employed in Australia.
- Study in Australia with no access to funds from the Government.
- Enroll in the health-related care and expenses scheme in Australia – Medicare.
After you get the Permanent Partner Subclass 100 Visa, you can:
- Stay in Australia for an indeterminate period.
- Study and work in Australia.
- File an application for citizenship in Australia if you are qualified.
- Sponsor qualified relatives for Australia PR Visa.
- Receive a few payments of social security.
- Arrive at and exit from Australia for 5 years from the date of approval of the Visa. You will require another Visa after this period to arrive in Australia.
The following people can be included in your Visa application:
- Your dependent kids, and/or
- Additional dependent relatives
The Visa applicant and any dependent members are required to fulfill the character and health requirements.
Partner Subclass 820 and 801 Visa applications filed within Australia
The Provisional Partner Subclass 820 Visa permits you to stay in Australia if you are lawfully married to or are the de facto partner of a citizen or permanent resident of Australia or an eligible national of New Zealand.
Same-sex couples can also obtain this Partner Visa. The Visa application has to be filed from within Australia and you must stay in Australia at the time of the approval of the Visa. In some situations, you can obtain a Visa even if the relationship has been terminated.
Your spouse must sponsor you for the Visa. Your partner cannot sponsor you if they have already sponsored another individual or had been sponsored in the last 5 years or if they have earlier sponsored 2 individuals. This Visa is the first step toward obtaining the Permanent Partner Subclass 801 Visa.
The Provisional Partner Subclass 820 Visa will permit you to:
- Stay in Australia till the verdict for your permanent Partner visa is declared.
- Be employed in Australia.
- Study in Australia with no access to funds from the Government.
- Enroll in the health-related care and expenses scheme in Australia – Medicare.
After you get the Permanent Partner Subclass 801 Visa, you can:
- Stay in Australia for an indeterminate period.
- Study and work in Australia.
- File an application for citizenship in Australia if you are qualified.
- Sponsor qualified relatives for Australia PR Visa.
- Receive a few payments of social security.
- Arrive at and exit from Australia for 5 years from the date of approval of the Visa. You will require another Visa after this period to arrive in Australia.
You can include your dependent kids in the Visa application. However, you cannot include other dependent relations unless you have or had a Prospective Marriage Visa. The dependents are also required to be in Australia when the application is submitted.
2 years after you have filed the Provisional Partner Subclass 820 Visa if the relationship continues you will be invited to apply for the Permanent Companion Subclass 801 Visa.
The Visa applicant and any dependent members are required to fulfill the character and health requirements.
Processing times for Australia Partner Visa
| Type of Visa | 90% of the Visa applications are processed in | 75% of the Visa applications are processed in |
| Permanent Partner Subclass 100 Visa | 22 months | 17 months |
| Prospective Marriage Subclass 300 Visa | 29 months | 16 months |
| Partner Provisional Subclass 309 Visa | 23 months | 17 months |
| Permanent Partner Subclass 801 Visa* | 19 months | 15 months |
| Provisional Partner Subclass 820 Visa | 28 months | 23 months |
Processing times for Permanent Partner Subclass 801 Visa and Permanent Partner Subclass 100 Visa are from the eligibility date (2 years from the time of filing of 309/100 or 820/801 application) till finalization.
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