Australia Partner Visa / Spouse Visa

Australia Spouse Visa Guide 2022 - All You Need to know!

Partner Visa is granted to an individual who is already in an ongoing spousal or de-facto relationship with an Australian citizen or permanent resident or an eligible New Zealand citizen. A person who intends to marry an Australian citizen or permanent resident or an eligible New Zealand citizen can apply for a Prospective Marriage Visa. A Partner Visa can lead to an individual becoming a permanent resident of Australia with complete legal rights, including the right to remain in Australia indefinitely, right to access to the public health system, and unrestricted work and study rights.

Obtaining a temporary visa is typically the first step in the process of moving to Australia as a dependent. You can file for an application for permanent residence visa after the temporary visa has been granted. An individual who has been a permanent resident for a year can also apply for an Australian citizenship.

Eligibility Requirements for Partner Visas in Australia

To be eligible for a Partner Visa, the applicant should be in a genuine relationship with their spouse or de-facto partner who is an Australian citizen or a permanent resident, or an eligible New Zealand citizen.

Further general eligibility requirements are:

  • The applicant must be over 18 years of age
  • The applicant of the Partner Visa must be sponsored by their spouse or de-facto partner already living in Australia
  • The sponsor (spouse or de-facto partner) must be over 18 years of age
  • The applicant and the sponsor must be in a relationship for at least 12 months before the application is made
  • Pass the health and character requirements

Categories of Partner Visa

Partner Visas can be temporary or permanent, both of which are further subcategorized.

  • Partner (Provisional) Visa subclass 309
  • Partner (Migrant) Visa subclass 100
  • Partner (Temporary) Visa subclass 820
  • Partner (Permanent) Visa subclass 801

You can stay temporarily in Australia with this visa. To be eligible for this visa, you must:

  • Be in a genuine relationship with your spouse or de facto partner who is an Australian citizen or PR, or eligible New Zealand citizen
  • Be over the age of 18 when you apply. Must a Sponsor
  • Meet the health and character requirements
  • Not have a visa cancelled or refused during your stay in Australia

Be outside Australia when applying for this visa

Subclass 100 visa grants you the right to stay in Australia permanently. To be eligible for this visa, you must:

  • Hold a Partner (Provisional) Visa (subclass 309) or a Dependent Child (subclass 445) Visa
  • Be in genuine relationship with your spouse or de facto partner who is an Australian citizen or permanent resident, or eligible New Zealand citizen and continue to meet the relationship requirements

With this visa you can stay in Australia temporarily and apply for a permanent Partner Visa subclass 801.  To be eligible for this visa, you must:

  • Not have a visa cancelled or refused during your stay in Australia
  • Not hold certain regional visas
  • Be over the age of 18 when you apply
  • Be in a genuine relationship with your spouse or de facto partner who is an Australian citizen or PR, or eligible New Zealand citizen
  • You may continue to be eligible for this visa even if your relationship ends or your sponsor dies while application for this visa is being considered
  • Be onshore when filing for this visa as well as during the consideration of your application but not in immigration clearance.

You can live in Australia permanently with this visa. This visa also grants the holder unrestricted study and work rights. To be eligible for this visa, you must:

  • Hold a Partner Visa (Temporary) subclass 820 or a Dependent Child Visa subclass 445
  • Must still be in a relationship with your spouse or de-facto partner who is an Australian citizen, permanent resident, or eligible New Zealand citizen
  • Usually continue to be sponsored
  • You may remain eligible for this visa even if your relationship ends or your sponsor dies after the temporary visa (subclass 820) has been granted but before the decision is made on this visa

Prospective Marriage (Temporary) Visa subclass 300

This visa allows you to visit Australia to marry your prospective partner before applying for a Partner Visa. With this visa, you can stay, study, and work in Australia for a period between 9 to 15 months from the date of grant of the visa. After this visa is granted, you can apply for subclass 801 and subclass 820 if you intend to settle down in Australia permanently. To be eligible for this visa, you must:

  • Be over 18 years of age      
  • Be sponsored by your prospective spouse
  • Intend to marry your prospective spouse before the visa period ends
  • Meet the health and character requirements
  • Not have a visa cancelled or refused during your stay in Australia
  • Be offshore when filing for this visa

  

Main eligibility requirements for Partner Visa in Australia

To be eligible for this visa, the following general requirements must be met:

  • You must have been in a long-term and genuine relationship with your spouse or de-facto partner who is an Australian citizen or permanent resident or an eligible New Zealand citizen
  • You must be sponsored by your spouse or de-facto partner
  • Both you and your sponsor must be over 18 years of age
  • You must have been in the relationship for the last 12 months before the time of the application
  • You must pass health and character requirements

How do you Apply for a Spouse Visa Australia?

You have to be willing to avail of every document, which improves your immigration or visa process.

You have to lodge partner visa application online. Once you have lodged the application, you must pay the charges and get the receipt.

After putting the partner visa application, it takes a number of months for the DHA to choose on your visa application.

Once you get the approval from the DHA, you can then obtain your visa and start going on appropriately.

Note: A spouse visa typically takes a year or more to be handled before the visa is approved. Therefore, it is best to start off with your application procedure at the initial. 

Eligibility Requirements for a Spouse Visa in Australia.

  • Relationship should be long-term and genuine.
  • You and your spouse live together on a permanent basis. 
  • You must have been in a spouse relationship for the last 12 months from Marriage.
  • You both must pass health and character criteria.

Which Documents Provide as Evidence of Identity and Marital Status?

For Finances

Joint mortgage or lease documents.

Joint documents for major assets like homes, cars, or major appliances

Joint bank account statements

You need Household bills in both names

For Your Household

An email about how you share housework

Household bills in both names

Mail or emails addressed to you both

For Social Matters

Invitation to prospective marriage, parties, etc.

Images of togetherness with common friends

Marriage Certificate

Proof you do joint sporting, cultural, or social activities together.

Proof you travel together.

To Prove Commitment

Proof you have knowledge of each other’s background, family situation.

Proof you have combined your personal matters.

To prove De facto Commitment

Evidence of marriage and event photos or videos

Evidence of contact (eg: emails, letters. Messages, call history,etc)

Birth certificates for any children you share

Proof of Joint ownership or finances shared (eg: joint rental agreement, joint bank accounts, joint credit cards, bills and lease agreements)

Written statements by spouse explaining your relationship history

Social evidence of your relationship (eg: invitation sent to you by relatives and friends)

 

How long does it take to Approve a Spouse Visa in Australia?

Visa Type

309 – Provisional Visa

100- Permanent Visa

Processing time of 75% applications

11 Months

       20 Months

Processing time of 90% applications

15 Months

      23 Months 

Can I stay in Australia while waiting for My partner visa approval?

For partner Australia if you are going through with the offshore pathway then once you are approved the initial subclass 309 then you may take a trip to Australia while you wait for your partner visa subclass 100.

Can I meet up my spouse on a visitor visa and then apply for an Australian Marriage Visa?

Yes, of cause. You can apply for an Australian Marriage Visa even though you are on a visitor visa to the country. In fact, you should be carrying a valid visa earlier to applying for a partner visa in Australia.

What are the benefits of obtaining the Spouse Dependent Visa?

By Getting athe Spouse Dependent Visa, you can get many benefits associated with, such as:

  • You will be eligible to apply for Australian citizenship.
  • You will be Eligible to obtain  social security payments.
  • You can travel in and out of Australia (for 5 years).

What are the forms you have to submit?

Form 47SP: Application for migration to Australia by a partner.

Form 40SP: Sponsorship for a partner to migrate to Australia.

Form 956: This is called  ‘Advice by a migration lawyer a person providing immigration assistance.

Form 956A: This is called the ‘Appointment or Withdrawal of an authorized recipient.’

Need help? We’re Reliable Partner Visa Lawyers in Melbourne

You must have already figured out by now that applying for an Australian partner visa is quite complicated. An accredited Australian immigration lawyer or migration agent can provide you with much more thorough and updated guidance on the advantages and/or drawbacks of each visa category. At Gothane Lawyers, we can help with:

  • choosing the right visa type for you.
  • preparing visa paperwork on your behalf.
  • file your partner visa application.
  • representing you in dealing with the Department of Immigration and Border Protection.

Australia receives a high amount of spouse visa applications from various non-English speaking nationalities such as India and Nepal. If you are worried, we don’t speak your language, rest assured for we have lawyers who speak your language including Nepali lawyers and Indian lawyers among others.

Note: Because of covid-19, new policies and rules are constantly being added, changed and/or removed. To ensure a seamless visa application process and join your partner in 2022 without any hitches, contact us now!