Australia Spouse Visa
Australian citizens, Permanent Residents, and eligible citizens of New Zealand may apply for an Australian Spouse Visa as married couples, common-law partners, de facto partners, or even as persons in same-sex relationships. It enables the holders of the visas to travel to and remain permanently in Australia.
There are two main categories for the Australia Spouse Visa, while there are three main subcategories for the Partner Visa.
- Potential Visa for Marriage
- Potential Visa for Marriage
The kind of spouse visa you need to apply for depends on the kind of relationship you are in.
The types of relationships and their corresponding Australian spouse visas are listed below:
- Engagement or marriage proposal: Possible Marriage Visa
- De jure marital relationship: Partner Visa
- De facto partner (even in relationships of the same sex): Partner Visa
Australia Spouse Visa Subclass
The Subclasses for Australia Spouse Visa are of two types:
- Temporary
- Permanent
Initially, a Temporary Australia Visa is provided to partners who meet the legal requirements for visa approval. If there are children in the partnership, or if the relationship is long-term, the Australia Permanent Resident Visa may be granted after a qualifying period, immediately upon the approval of the Provisional Visa. The companion category of Australian immigration also allows eligible citizens of New Zealand and permanent residents as well as their fiancés or intended spouses to temporarily enter Australia.
Let's take a quick look at the Australia Subclass Visas based on where you are when you apply:
If you're in Australia:
Partner Subclass 820 Temporary Visa and Subclass 801 Permanent Visa You can apply for this subclass of visa if you want to stay in Australia with your partner, who must be an eligible citizen of New Zealand or an Australian citizen or permanent resident. Your application for an Australia Permanent Resident Visa may be considered if the relationship is genuine and still holds true 24 months after the visa was submitted.
Partner Provisional Subclass 309 Visa and Permanent Subclass 100 Visa are available
If you are not in Australia:
You can apply for this subclass of visa if you want to stay in Australia with your partner, who must be an eligible citizen of New Zealand or an Australian citizen or permanent resident. Your application for an Australia Permanent Resident Visa may be considered if the relationship is genuine and still holds true 24 months after the visa was submitted.
What qualifications are needed to obtain an Australia Spouse Visa?
The following conditions must be met in order for you to be qualified for an Australia Spouse Visa:
- Whether you are officially married or not, you and your partner have a duty to live together as husband and wife to the exclusion of everybody else.
- Your connection is sincere and still going strong.
- You and your partner remain together or do not live apart permanently.
- Unless you are legally married, you must have been in a spousal relationship for the last year, which typically entails proving that you have remained together throughout this time.
- Generally, you both need to be older than eighteen.
- You have to meet the requirements for character and health.
Procedures and Regulations for the Australian Spouse Visa
While applying from within Australia has advantages, you can be outside of Australia when applying for the Australia Spouse Visa. You will be given the option to apply for an Extended Eligibility Provisional Visa following the approval of your initial application. It will grant you permission to stay in Australia for a period of two years, during which you will have full employment rights.
It is not always necessary to wait two years before submitting an application for an Australia Permanent Resident Visa.
This may happen if:
- You have been dating your spouse for five years or longer at the time of application.
- Your spouse and you have been together for two years, and you have dependent children.
- Your spouse obtained a Protection Visa or a PR Visa through a Humanitarian program, and they had a relationship prior to the approval of the visa, which they disclosed to Australian immigration officials.
- If your relationship is still valid after two years, you will be able to apply for an Australia PR Visa.
- If the relationship ended before the two years were up, you can still be eligible for the PR Visa under certain circumstances. These situations could be:
- If your spouse passed away during that time frame.
- If you and your partner live in Australia and have children under the age of eighteen.
- If, during this time, you or your dependents have experienced domestic abuse
Subclass 300 Visa for Prospective Marriage
Enter Australia with the Provisional Prospective Marriage Subclass 300 Visa and get married to the person of your dreams. The application for the visa must be submitted from abroad, and you have to be in another country when the visa is approved. This is a nine-month temporary visa that is available for marriage. It is not necessary to get married in Australia; you can get married anywhere.
With this visa, you can:
- Travel to Australia prior to being married to your future spouse.
- Enter and depart Australia in accordance with your needs.
- Employed in Australia.
- Research in Australia without government funding available for post-secondary education.
- After being married, submit an application for an Australia Partner Visa.
- The spouse who is supporting your visa application must be an eligible national of New Zealand or an Australian citizen or permanent resident.
- If your partner has sponsored two people in the past five years, sponsored someone else, or been sponsored themselves, they are not eligible to sponsor you.
It is important to remember that both you and your potential spouse must have met and that they must be older than 18 years old. The same-sex couples are not eligible for this visa.
The following people can be listed on the visa application:
- Your dependent children, and/or
- Other dependent family members
The character and health conditions must be met by the visa applicant and any dependent family members.
Applications for Partner Visa Subclass 309 and 100 submitted from outside of Australia
If you are legally married to or the de facto partner of an Australian citizen, permanent resident, or eligible national of New Zealand, you are entitled to remain in Australia with the Provisional Partner Subclass 309 Visa.
This Partner Visa is also available to couples of the same sex. The application for the visa must be submitted from abroad, and you have to be in another country when the visa is approved. Getting the Permanent Partner Subclass 100 Visa starts with this step. You only need to submit a single application to obtain your permanent and provisional visas. The two stages of the application processing take place about two years apart. Even after the relationship has ended, there are some circumstances in which you can still get a visa.
To get a visa, your spouse needs to sponsor you. If your partner has sponsored two people in the past five years, sponsored someone else, or been sponsored themselves, they are not eligible to sponsor you.
With the visa, you can:
- Remain in Australia until your permanent partner visa decision is made
- Have a job in Australia.
- Conduct research in Australia without government funding.
- Sign up for Medicare, Australia's program for medical bills and services.
- Upon receiving the Permanent Partner Subclass 100 Visa, you are eligible to:
- Remain in Australia for an extended period of time.
- Work and study in Australia.
- If you meet the requirements, submit an application to become an Australian citizen.
- Provide a qualifying relative with an Australia PR visa.
- Get a few social security benefits.
- Enter Australia and depart within five years of the visa's granting date. After this time, you'll need to get another visa in order to travel to Australia.
You can include the following individuals with your visa application:
- Your dependent children, and/or
- Other dependent family members
The character and health conditions must be met by the visa applicant and any dependent family members.
- Applications for Partner Subclass 820 and 801 Visas submitted from Australia
- If you are legally married to or the de facto partner of an Australian citizen, permanent resident, or eligible native of New Zealand, you are entitled to remain in Australia with the Provisional Partner Subclass 820 Visa.
- This Partner Visa is also available to couples of the same sex. You must apply for the visa from within Australia, and you must remain in Australia at the time of the visa's approval. Even after the relationship has ended, there are some circumstances in which you can still get a visa.
To get a visa, your spouse needs to sponsor you. If your partner has sponsored two people in the past five years, sponsored someone else, or been sponsored themselves, they are not eligible to sponsor you. Getting this visa is the first step in getting the Subclass 801 Permanent Partner Visa.
With the Provisional Partner Subclass 820 Visa, you can:
- Remain in Australia until your permanent partner visa decision is made.
- Have a job in Australia.
- Conduct research in Australia without government funding.
- Sign up for Medicare, Australia's program for medical bills and services
Upon receiving the Permanent Partner Subclass 801 Visa, you are eligible to:
- Remain in Australia for an extended period of time.
- Work and study in Australia.
- If you meet the requirements, submit an application to become an Australian citizen.
- Provide a qualifying relative with an Australia PR visa.
- Get a few social security benefits.
- Enter Australia and depart within five years of the visa's granting date. After this time, you'll need to get another visa in order to travel to Australia.
- Your dependent children may be listed on your visa application. If you do not currently possess or have a Prospective Marriage Visa, you are unable to include further dependent relations. Additionally, the dependents must be in Australia at the time the application is filed.
- If the relationship lasts for two years after you submit for the Provisional Partner Subclass 820 Visa, you will be invited to apply for the Permanent Companion Subclass 801 Visa.
The character and health conditions must be met by the visa applicant and any dependent family members.
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 |
The processing period for the Permanent Partner Subclass 801 and Subclass 100 Visas is two years from the date of eligibility (i.e., the moment the 309/100 or 820/801 application is filed) until it is finalized.
How Can You Benefit from Go-Global?
Through the Australian Spouse Visa, we at Go-Global have helped hundreds of people immigrate to Australia with their families. Our skilled and knowledgeable immigration experts possess the ability to precisely evaluate your case and recommend the best course of action to meet your demands.
As one of the most reputable immigration firms with thousands of successfully filed PR Visa petitions, we are among the most rapidly growing names in the immigration industry.
We are the Best Immigration Advisory Firm for an Australia PR Visa due to the following main factors:
- Immigration consultants with authorization and licensure provide our consultation services.
- step-by-step instructions for the eligibility and procedure
- For any process, we uphold a transparent complaint redress system and a secure online process.
- Having handled over 30,000 applications, experience
- Each case is evaluated several times before to submission.
- Simple assessment of the credentials and additional abilities