Spouse / Partner Visa

Validity

Once a temporary Partner Visa is granted it is valid for the whole waiting period until the Immigration Department comes to a decision over your permanent Partner Visa application. Once you are approved for the permanent Partner Visa, you can stay in Australia for good.

How it works

You have to send in an application for a temporary and permanent visa which you can do by completing an application and lodging it with the right bodies so it can be made to undergo an assessment. If after the assessment you do meet the criteria for this Australian visa, the temporary Partner Visa may just be given to you. This visa is valid until you are handed a Permanent visa that is usually given a couple of years after the application is lodged. If it happens that all requirements given are still met after two years, then that permanent Partner Visa is yours.

You can be eligible for a permanent visa minus the stipulated waiting period should you be able to show proof that you and your partner have been married or in a relationship for a total of 3 years or perhaps more than that.

The permanent visa may also be yours without having to wait in the event that you and your partner have been involved or married for 2+ years and a child (dependent) from you and your partner is present. If your partner has a permanent visa by way of the Australian humanitarian program or was given a protection visa then the 2-year waiting period is waived.

Requirements

• Abide by all legal criteria stipulated under Australian law.
• Still meet legal criteria two years after the temporary visa is handed to you
• Pay for the visa costs and application process.
• Health examinations are par for the course and you may have to foot the bill for the medical check-up.
• Police checks may also be necessary and you may have to pay for this to be processed in your own country.

Spouse / Partner Visas

Visas are available to enable Australian Citizens and Permanent Residents to Sponsor a visa for their Spouse, De facto Partner or their fiancé before their prospective marriage, to migrate to Australia to live with them. The partner visa options (300, 309/100 or 820/810) generally provide a temporary visa initially leading to permanent residence. The visa allows the partner to live, work or study in Australia. Depending upon your circumstances there are pros and cons to the different visa options which may influence your pathway choice.

Please feel welcome to Contact us to discuss how we might assist your needs.

Prospective Marriage Visa

If you are intending to get married a prospective marriage visa (300) may be an option. This visa enables the applicant to temporarily enter Australia providing a 9 month time frame for the marriage to take place.

Spouse Visas

Enabling the partner, and eligible dependants, of an Australian citizen or permanent resident to live in Australia with their partner.

• Legally Married couples
• De facto couples: must have been living together with their partner for at least 12 months prior to application (rare exceptions to the 12 month requirement)
• Same sex De facto couples: whilst Australian migration legislation does not recognise same sex marriages, it does recognise genuine same sex relationships within the De facto relationship requirements.

Spouse visas involve a two stage process, initially a two year temporary visa which can lead to a permanent residence visa assuming your relationship remains genuine and continuing. In exceptional circumstances a permanent visa may be granted to some couples immediately. Spouse visas can be applied for offshore (309/100) or onshore (820/801).

Applying for a partner visa and currently on a working visa

If you are currently in Australia sponsored on a working visa there are some additional considerations you should take into account when applying for a partner visa.

Partnership breakdown

In exceptional circumstances will an individual be granted permanent residency where the relationship no longer exists. Examples of circumstances that may be considered include where the sponsor has died, there is a child involved or family violence has occurred.

Health Requirement

All visas require an individual to undertake a medical and to meet the 'health requirement', should a visa applicant fail the health requirement the partner visa does allow for a health waiver to be considered.

Spouse applications by Unlawful Non-citizens

Spouse visas are one of a few visas that may be applied for by unlawful non-resident who does not hold a valid visa. Where a visa has expired by over 28 days ‘compelling circumstances' must be shown for the application to be considered.