If you are in a relationship with an Australian citizen. Permanent resident or eligible New Zealand citizen, then you can apply for a Spouse Visa Australia. There are several types of Partner or Spouse visas that you can choose from.
To apply for a partner or spouse visa, you must prove that your relationship is genuine and continuing. This can be done by providing supporting documents.
Introduction to the Australian Spouse Visa
The Australian Spouse Visa, or Partner visa, allows a married or de facto partner of an Australian citizen. Permanent resident or eligible New Zealand citizen to live in Australia. It is divided into Onshore and Offshore visas based on whether you apply in your home country or in Australia. As well as into Temporary and Permanent visas.
A couple must meet certain criteria in order to be granted an Australia Spouse visa. Such as financial commitment, social acceptance and emotional support. They must also pass health and character requirements, and meet sponsorship obligations.
There are two types of Australian Partner visas, Subclass 820/801 and Subclass 100. Both are provisional visas and are only valid while the sponsor remains in Australia. If they wish to extend their stay, the applicant must make a separate application for the extension.
Similarly, if the visa is withdrawn, the sponsor must make an application for their replacement visa in their home country. You can access your online ImmiAccount to communicate with Immigration and provide any relevant documents or medical examinations.
Eligibility Requirements for Spouse Visa Australia
The Australian Spouse Visa allows married or de facto partners of Australian citizens and permanent residents to live in the country. The process begins with a temporary visa. Which leads to permanent residency after two years. The couple must demonstrate that the relationship is genuine and continuing. This is typically done by showing a range of evidence. Such as financial pooling, social acceptance and the nature of the household.
Both parties must be above the age of 18. The sponsoring partner must also meet health and character requirements. They must also be able to support themselves and their family members for the duration of their stay in Australia. Including children included on the application.
Depending on your situation, you may qualify for the permanent Partner Visa directly. However, it is generally best to obtain a temporary visa first. So that you have the option of staying in the country while your decision on the permanent visa is being made. Moreover, the temporary visa will enable you to work in Australia. You can apply for this visa from inside or outside of Australia.
Temporary vs. Permanent Partner Visas
The Australian Government offers a range of temporary and permanent visa options for partners and spouses. Depending on your situation, you may be eligible for a Prospective Marriage Visa (subclass 300). Or a Temporary Partner Visa (subclass 820) or a Permanent Partner Visa (subclass 801).
If you are currently living overseas and want to join an Australian citizen, permanent resident or eligible New Zealand citizen in Australia. The best option is a Partner (Provisional) Visa – Subclass 309. Which will allow you to live in Australia temporarily while your permanent visa is being processed. The onshore and offshore processing times are the same, and you will be required to meet the same criteria.
There are no specific English language requirements for a Partner Visa, however you and your sponsor must have been in a de facto or married relationship for 12 months prior to lodging the visa application.
It is important to have a professional conduct your assessment as it can have a significant impact on the outcome of your application. The team at Ethos Migration Lawyers can provide you with comprehensive advice and support regarding the various visa subclasses for partners and spouses.
Application Process for Spouse Visa Australia
There are a number of requirements that must be met when applying for a visa in this category. These include health and character requirements, as well as meeting the definition of a spouse relationship. Our Australia immigration consultants can help to ease the process of securing this type of visa.
You must be in a committed, long-term and exclusive marriage (or de facto partnership) with an Australian citizen, permanent resident or eligible New Zealand citizen. You must also be able to prove that your relationship is genuine and continuing. Various factors are used to assess this, such as the nature of your household, the stability of your relationship and the financial commitments you make.
It is important that you understand the requirements for this type of visa so that you can support your application in a way that maximises its chances of success. In most cases, applications are assessed in the order they are received and there is no guarantee that yours will be prioritised over others. This is why it is crucial that you seek professional advice to ensure that your application meets all of the required criteria.
Supporting Your Application
Whether you are applying for an onshore or offshore Australian Spouse Visa, it is vital that your application contains strong supporting evidence. This is because the application process for this visa type is rigorous and highly scrutinised, and even the most well-drafted applications can be rejected if the application does not provide enough clarity or detail to demonstrate that the relationship meets the definition of a “spouse” relationship.
This is especially true in cases where you are applying for the permanent visa. Which requires that you and your sponsor have been in a committed relationship for two years before you can apply for citizenship. However, in justified exceptional circumstances. This waiting period may be waived if your partner was granted a visa under the humanitarian program or in respect of a protection visa.
The final requirement for the Australian Spouse Visa is that you have a functional level of English. Which means that you are able to communicate effectively in Australia’s social, business and family settings. This is often a hard requirement to meet. And it is one reason why having a skilled migration professional working on your behalf is so important.