Applying for a spouse visa in Australia can be a straightforward process if you understand the requirements and steps involved. This guide will walk you through everything you need to know about obtaining a spouse visa in Australia, ensuring you can be reunited with your partner without hassle.

Australia Spouse Visa

An Australian Spouse Visa is designed for married couples or common-law partners (including same-sex couples) of citizens or Permanent Residents of Australia, and qualified citizens of New Zealand. This visa allows the holders to enter and stay in Australia permanently.

The Australian Spouse Visa is divided into two streams, with three major subclasses:

  1. Potential Marriage Visa
  2. Partner Visa

Your relationship type determines the type of Spouse Visa you need to apply for:

  1. Proposed marriage (fiancé): Potential Marriage Visa
  2. Marital relationship (de jure): Partner Visa
  3. De facto relationship partner (including same-sex couples): Partner Visa

Australia Spouse Visa Subclasses

The Australian Spouse Visa has two main subclasses:

  1. Temporary
  2. Permanent

Partners who fulfill the criteria are first offered a Temporary Visa. After a period of eligibility, usually two years, they can apply for Permanent Resident Visa, especially if they have children or a long-standing relationship.

Australian immigration also allows the temporary arrival of fiancés/intended spouses of Australian citizens, Permanent Residents, and qualified New Zealand citizens.

Subclass Visas Based on Your Location

If You Are in Australia:

  1. Partner Temporary Subclass 820 Visa and Permanent Subclass 801 Visa:

    2. You can apply to stay in Australia with your partner, who must be an Australian citizen, a Permanent Resident, or a qualified New Zealand citizen. After 24 months, if your relationship remains valid, you can be offered Permanent Resident status.

If You Are Not in Australia:

  1. Partner Provisional Subclass 309 Visa and Permanent Subclass 100 Visa:

    2. You can apply from outside Australia to stay with your partner. After 24 months, if your relationship remains valid, you can be offered Permanent Resident status.

Requirements for the Australia Spouse Visa

To be eligible for the Australia Spouse Visa, you must:

  1. Share life as a couple to the exclusion of all others.
  2. Have a genuine and ongoing relationship.
  3. Live together or not live separately permanently.
  4. Be in a spousal relationship for at least one year (unless legally married).
  5. Both are over 18 years old.
  6. Meet health and character criteria.

Rules and Processes for the Australian Spouse Visa

You can apply for the Australia Spouse Visa either within or outside Australia. Upon approval, you receive a Provisional Visa that allows you to stay in Australia for two years with full work rights. You may not need to wait two years if:

  1. Your relationship is over five years old.
  2. You have dependent children and your relationship is over two years old.
  3. Your spouse received a PR Visa through a Humanitarian program or a Protection Visa.

You can apply for the Permanent Resident Visa after two years if your relationship remains valid. In certain situations, you can qualify for the PR Visa even if the relationship has ended, such as:

  1. Your spouse has died.
  2. You and your spouse have children under 18.
  3. You or your dependents suffered domestic violence.

Prospective Marriage Subclass 300 Visa

The Provisional Prospective Marriage Subclass 300 Visa allows you to come to Australia to marry your prospective spouse. This application must be filed from overseas, and you must be outside Australia when it is approved. This nine-month visa allows you to:

  1. Arrive in Australia before marrying your prospective spouse.
  2. Travel in and out of Australia.
  3. Work in Australia.
  4. Study in Australia (without government funding).
  5. Apply for a Partner Visa after marriage.

Your sponsor must be an Australian citizen, Permanent Resident, or a qualified New Zealand citizen. They cannot sponsor you if they have already sponsored someone in the last five years or more than two individuals.

You must have met your prospective spouse, who must be over 18. This visa does not apply to same-sex couples. You can include dependent children or relatives in the application, who must also meet character and health requirements.

Partner Visa Subclass 309 and 100 (Applications Made Outside Australia)

The Provisional Partner Subclass 309 Visa allows you to stay in Australia if you are married to or are the de facto partner of an Australian citizen, Permanent Resident, or a qualified New Zealand citizen. This visa is also available to same-sex couples. The application must be made from overseas, and you must remain outside Australia at the time of approval.

This visa is the first step toward obtaining the Permanent Partner Subclass 100 Visa, with processing done in two phases about two years apart. In some situations, you can obtain a visa even if the relationship has ended.

Your sponsor must be an Australian citizen, Permanent Resident, or qualified New Zealand citizen. They cannot sponsor you if they have already sponsored another individual in the last five years or more than two individuals.

This visa allows you to:

  1. Stay in Australia until your Permanent Partner Visa is decided.
  2. Work in Australia.
  3. Study in Australia without government funding.
  4. Enroll in Medicare.

After obtaining the Permanent Partner Subclass 100 Visa, you can:

  1. Stay in Australia indefinitely.
  2. Work and study in Australia.
  3. Apply for Australian citizenship if eligible.
  4. Sponsor relatives for Australian PR Visas.
  5. Receive certain social security payments.
  6. Travel in and out of Australia for five years.

You can include dependent children and other dependent relatives in your application, who must meet character and health requirements.

Partner Visa Subclass 820 and 801 (Applications Filed Within Australia)

The Provisional Partner Subclass 820 Visa allows you to stay in Australia if you are married to or are the de facto partner of an Australian citizen, Permanent Resident, or a qualified New Zealand citizen. This visa is also available to same-sex couples. The application must be made from within Australia, and you must be in Australia at the time of approval.

Your sponsor must be an Australian citizen, Permanent Resident, or qualified New Zealand citizen. They cannot sponsor you if they have already sponsored another individual in the last five years or more than two individuals.

This visa is the first step toward obtaining the Permanent Partner Subclass 801 Visa. The Provisional Partner Subclass 820 Visa allows you to:

  1. Stay in Australia until your Permanent Partner Visa is decided.
  2. Work in Australia.
  3. Study in Australia without government funding.
  4. Enroll in Medicare.

After obtaining the Permanent Partner Subclass 801 Visa, you can:

  1. Stay in Australia indefinitely.
  2. Work and study in Australia.
  3. Apply for Australian citizenship if eligible.
  4. Sponsor relatives for Australian PR Visas.
  5. Receive certain social security payments.
  6. Travel in and out of Australia for five years.

You can include dependent children in the application, who must be in Australia at the time of submission. Other dependent relatives can only be included if you have or had a Prospective Marriage Visa.

Processing times for Australia Partner Visa

Type of Visa 90% of Visa Applications Processed In 75% of Visa Applications 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

Processing times for Permanent Partner Subclass 801 Visa and Permanent Partner Subclass 100 Visa are from the eligibility date (two years from the time of filing of 309/100 or 820/801 application) until finalization.

Conclusion

Applying for a Spouse Visa in Australia involves several steps and requirements. Understanding the types of visas available, the application process, and the requirements can help make the process smoother. By ensuring you meet all criteria and providing accurate documentation, you increase your chances of a successful application.

How Visa Solutions 4u Can Help

Visa Solutions 4u provides expert guidance and support throughout your spouse's visa application process. Here's how we can help:

  1. Expert Consultation:

    2. Our experienced consultants will assess your eligibility and guide you through your visa options.

  2. Documentation Assistance:

    3. We help you gather and prepare all necessary documents to ensure a complete and accurate application.

  3. Application Submission:

    4. We assist with the online application process to avoid any errors.

  4. Follow-up and Updates:

    5. We keep track of your application status and provide regular updates.

  5. Personalized Support:

    6. We offer personalized support tailored to your specific needs and circumstances.

By following this guide and working with a trusted advisor like Visa Solutions 4u, you can maximize your chances of successfully obtaining an Australian Spouse Visa. Contact us today to take the first step toward your new life in Australia.