Australia Partner Visa / Spouse Visa

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

Ever since the influx of Covid-19, Australia’s immigration policy has maintained some of the harshest border controls in the world to combat the pandemic. Regardless, since February 2021, the Australian government has been prioritizing partner visa processing and as compared to 2018-19, 2020-21’s migration program has witnessed a bulk increase in partner visa placement within the family visa category. Check out our blog on crucial partner visa program changes in 2021 made by the Australian government to stay up to date!

While the Australian partner visa application process can be time-consuming and a little complicated, hiring an accredited immigration lawyer can make it a whole lot easier. An Australian partner visa is granted to an overseas individual in a relationship with an Australian citizen or permanent resident who wants to settle in Australia as their partner and has complete legal rights, including the provision of the public health system and the license to work and study for an indefinite time.

Furthermore, to file for your visa, you and your partner must produce proof that they are married or in a de facto relationship. This blog is a comprehensive guide to Australian partner visas, where we talk about different partner visas, eligibility requirements for them, and more. Read on if you want to join your partner in 2022!

Note: This guide only seeks to offer you basic information regarding partner visas.

Partner Visas – Temporary vs. Permanent

To file for an Australian partner visa, also known as an Australian spouse visa, the main applicant, should be an Australian citizen or permanent resident, or a New Zealand citizen. With this visa, your spouse (husband or wife) or de facto partner (fiancée, in a committed relationship) can immigrate to Australia. Temporary and Permanent Partner Visas, both of which are further subcategorized, are the most common types of Australian spouse visas.

Obtaining a Temporary visa is usually the first step in the process of moving to Australia as a dependent. You can apply for permanent residence after the temporary visa has been granted. As such, there are three different types of partner visas:

  • Offshore partner visa – Subclass 309 (Provisional/Temporary) & Subclass 100 (Migrant/Permanent)
  • Onshore partner visa – Subclass 820 (Temporary) & Subclass 801 (Permanent)
  • Offshore partner visa – Subclass 300 (Prospective Marriage/Temporary)

Following a comprehensive analysis, counselling, and proper visa application procedure, we at Gothane Lawyers aid you throughout the complicated and exhaustive application process.

Eligibility Requirements for Partner Visas Australia

Obtaining a Temporary visa is typically the first step in the process of moving to Australia as a dependent as previously mentioned. You can file for permanent residence after the temporary visa has been granted. Are your unsure which type of partner visa you qualify for? Don’t worry! Get in touch with us or read on to learn the basics!

  • The main eligibility requirement for a Spouse Visa Australia is that the relationship should be long-term and genuine.
  • You and your spouse live jointly on a permanent basis. 
  • You must have been in a relationship for the last 12 months.
  • Must pass health and character requirement.

You can stay for 15 to 24 months on this visa while waiting for the Australian government to deliberate on your permanent visa (subclass 100) application or till you retract your application. To be eligible for this visa, you must:

  • Be in a legitimate relationship with your Australian citizen, Australian permanent resident, or eligible New Zealand citizen spouse or de facto partner.
  • Be offshore when filing for this visa.

With this visa, you can stay with your spouse       permanently and study as well as work indefinitely. To be eligible for this visa, you must:

  • Have a subclass 309 visa or a dependant child (subclass 445) visa.
  • Have passed 2 years since your filed for subclass 309 or subclass 100 visa in some cases.
  • Have an ongoing legitimate relationship with the person who sponsored your subclass 309 visa.

You can stay for 15 to 24 months on this visa while waiting for the Australian government to deliberate on your permanent visa (subclass 801) application or till you retract your application. To be eligible for this visa, you must:

  • Not have a visa cancelled or refused during your stay in Australia
  • Be onshore when filing for this visa as well as during the deliberation process.
  • Be in a legitimate relationship with your Australian citizen, Australian permanent resident, or eligible New Zealand citizen spouse or de facto partner.

With this visa, you can stay with your spouse permanently and study as well as work indefinitely. To be eligible for this visa, you must:

  • Have a subclass 820 visa or a dependant child (subclass 445) visa.
  • Have an ongoing legitimate relationship with the person who sponsored your subclass 820 visa.

Subclass 300 (Prospective Marriage/Temporary Visa)

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 9 to 15 months after receiving it. 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 sponsored by your prospective spouse.

·        Approve of the sponsorship.

·        Be offshore when filing for this visa.

·        marry your prospective spouse within 9 months of visa approval.

Exceptions for a Permanent Partner Visa

To apply for a permanent partner visa, you must first apply for the right temporary visa as you must have already figured it out from the information mentioned above. To convert a temporary to a permanent partner visa, you are not required to live in Australia with your partner for two years if:

·        You and your Australian partner can submit evidence that you have been together for 5 years or longer.

·        You have dependent children and your marriage or relationship must have been for over two years.

·        Before your spouse acquired a protection visa or a permanent visa, you had a documented relationship with them.

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!