Spouse Visa Australia: Everything You Need To Know
Table of Contents[Show]
- What is an Australian Spouse Visa?
- Benefits of Spouse Visa Australia
- Types of Australia Spouse Visa
- Spouse Visa Eligibility Requirements for Australia
- Documents Required for Australia Spouse Visa
- Application Process for Spouse Visa Australia
- Exceptions for Permanent Partner Visa
- Spouse Visa Australia Cost from India
- Current Australia Spouse Visa Processing Time
- Spouse Visa Australia for Gaining Permanent Residency
Welcome to our comprehensive guide to spouse visas in Australia. Whether you are already in Australia or currently residing overseas, we'll walk you through the requirements, application process, and benefits of obtaining a spouse visa.
Reuniting with your loved one in Australia is within reach, and we're here to provide you with valuable information to make the journey smoother.
What is an Australian Spouse Visa?
A spouse visa in Australia, also known as a partner visa, is a type of visa that allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live and work in Australia. It is designed to promote family reunification by enabling partners to join their Australian-based spouses or partners.
There are different subclasses of spouse visas, including temporary and permanent visas, depending on whether the applicant is already in Australia or outside the country.
Benefits of Spouse Visa Australia
Obtaining a spouse visa in Australia brings several benefits for the visa holder. Here are some of the key advantages:
- Facilitates family reunification in Australia.
- Allows work and study opportunities without restrictions.
- Provides access to healthcare and social benefits in Australia.
- Serves as a pathway to permanent residency in Australia.
- Offers travel flexibility during its validity period.
- It can lead to eligibility for Australian citizenship over time.
Types of Australia Spouse Visa
Partners who meet the criteria for visa approval are initially granted a Temporary Partner Visa in Australia. Depending on eligibility factors such as relationship duration or the presence of children, they may be eligible for a transition to a Permanent Spouse Visa subclass Australia.
The offered spouse visa for Australia from India options include
1. Provisional Partner Visa (Subclass 309)
A temporary visa can lead to permanent residency through the Subclass 100 visa. It is for individuals in a married or de facto relationship with an Australian sponsor, applying from outside Australia.
2. Permanent Partner Visa (Subclass 100)
A permanent visa can be applied for at least 2 years after holding the Subclass 309 temporary visa. It is for individuals who continue to be in a relationship with their Australian sponsor and have lived together for over 2 years in Australia.
3. Temporary Partner Visa (Subclass 820)
A temporary visa can be converted to permanent residency through the Subclass 801 visa. It is for individuals in a married or de facto relationship with an Australian sponsor and applying while residing in Australia.
4. Permanent Partner Visa (Subclass 801)
A permanent visa can be applied for at least 2 years after holding the Subclass 820 temporary visa. It is for individuals who continue to be in a relationship with their Australian sponsor and have lived together for over 2 years in Australia.
5. Prospective Marriage Visa (Subclass 300)
Also known as the Fiancé visa, it is a non-immigrant temporary visa. It allows individuals to stay in Australia for nine months, get married to their partner, and then upgrade to a Temporary Partner Visa (Subclass 820). It is for those engaged to Australian citizens, permanent residents, or New Zealand citizens.
6. Dependent Child Visa (Subclass 445)
A temporary visa that allows adding dependent children to the application for Subclass 100 or Subclass 801 permanent partner visas after the main visa has been granted. It is for children under 25 years of age whom a parent in Australia will support for at least 2 years.
What are the Spouse Visa Eligibility Requirements for Australia?
To be eligible the applicants must meet the following Australia Spouse Visa requirements:
- Commitment: You and your partner must have a genuine and exclusive commitment to a shared life as spouses, whether legally married or in a de facto relationship.
- Genuine Relationship: Your relationship must be continuing and authentic.
- Cohabitation: You and your partner must live together or not live separately and apart on a permanent basis.
- Relationship Duration: You should have been in a spousal relationship for at least 1 year unless you are legally married.
- Age Requirement: Normally, both you and your partner must be over the age of 18 years.
- Character and Health Criteria: You must meet the character and health requirements set by the Australian government.
Documents Required for Australia Spouse Visa
When applying for a spouse visa for Australia, the specific Spouse Visa for Australia documents required might vary depending on your individual circumstances, but here are some commonly requested documents:
1) Identity and relationship documents:
- Marriage certificate (if married)
- Birth certificates of children (if applicable)
2) Character documents:
- Police clearance certificates
- Form 80: Personal particulars for character assessment
3) Health documents:
- Medical examination reports conducted by a panel physician
4) Proof of genuine and ongoing relationship:
- Joint bank account statements
- Joint rental or property ownership documents
- Joint utility bills or shared financial commitments
- Correspondence or evidence of joint travel or holidays
5) Financial documents:
- Proof of financial capacity, such as bank statements, employment contracts, tax returns, or business documents
6) Sponsor documents:
- Proof of Australian citizenship or permanent residency
- Form 40SP: Sponsorship for a partner to migrate to Australia
7) Assurance of Support (AoS):
- If required, the sponsor may need to provide an AoS demonstrating sufficient funds to support the applicant during their initial stay in Australia.
Application Process for Spouse Visa Australia
Now that you are versed with Australian spouse visa requirements and documentation it is time we learn about the application process for a spouse visa in Australia which involves the following steps:
- STEP 1: Determine Eligibility: Ensure that you meet the eligibility criteria for the specific spouse visa subclass you are applying for, such as the Temporary Partner Visa (Subclass 820/801) or the Permanent Partner Visa (Subclass 309/100).
- STEP 2: Gather Required Documents: Collect all the necessary documents to support your application, including identity and relationship documents, character and health documents, proof of genuine relationship, financial documents, and sponsor documents.
- STEP 3: Submit the Online Application: Create an ImmiAccount on the official website of the Department of Home Affairs and complete the online application form for the spouse visa subclass you are applying for. Upload all the required documents as per the document checklist provided.
- STEP 4: Pay the Application Fee: Pay the relevant visa application fee at the time of submitting your application. The fee amount will vary depending on the visa subclass and other factors.
- STEP 5: Attend Biometrics and Health Checks: If required, you may need to undergo biometrics (fingerprint and photograph) collection at a designated center and complete the required health examinations conducted by an authorized panel physician.
- STEP 6: Wait for Processing and Decision: The processing time for spouse visa applications can vary. You can track the progress of your application through your ImmiAccount. Once a decision is made, you will be notified of the outcome.
- STEP 7: Transition from Temporary to Permanent Visa (if applicable): If you initially applied for a temporary spouse visa, you will need to meet certain requirements and apply for the permanent visa subclass within the specified time frame.
What are the Exceptions for Permanent Partner Visa?
The main exceptions for transitioning from a temporary to a permanent partner visa in Australia without completing 2 years of living in Australia with your partner are
- Relationship Length Exception: If you can provide evidence of being in a relationship or marriage with your Australian partner for 5 or more years, you may be eligible for a direct transition to a permanent partner visa.
- Dependent Children Exception: If you have dependent children from your relationship or marriage, and the length of your relationship exceeds two years, you may be eligible to apply for a permanent partner visa without the 2-year living requirement.
- Pre-Visa Relationship Exception: If you were in a documented relationship with your spouse before they obtained a protection visa or permanent visa in Australia, you may be exempted from the 2-year living requirement when transitioning to a permanent partner visa.
Spouse visa Australia cost from India
Discover the expenses associated with obtaining a spouse visa for Australia from India, ensuring you're prepared for the financial aspects of this immigration process.
|Visa Type||Visa Application Fee (Main Applicant)||Child Accompanying Over 18 Years||Child Accompanying Below 18 Years|
|Spouse or De-facto Visa Application||$7,715||$3,860 each||$1,935 each|
|Prospective Spouse Application||$7,715||$3,860 each||$1,935 each|
|Spouse Or De Facto Visa Application||$7,715||$3,860 each||$1,935 each|
|Eligible New Zealand Citizen Family Relationship||$365||$185 each||$90 each|
What is the Current Australia Spouse Visa Processing Time?
Spouse visa applications in Australia undergo processing to determine eligibility and grant the appropriate visa. The current Spouse visa Australia processing time is
- Provisional Visa (Subclass 309) taking around 11-15 months for 75% of applications,
- Permanent Visa (Subclass 100) takes approximately 20-23 months for 75% of applications.
Spouse Visa Australia for Gaining Permanent Residency in Australia
In conclusion, the spouse visa in Australia provides a pathway for partners to reunite and build a life together. With different visa subclasses available, the process involves meeting eligibility criteria, submitting required documents, and adhering to processing times. It offers the opportunity for family reunification and the chance to work, study, and access social benefits in Australia.
Having your immigration journey mapped with trusted immigration consultants like GetGIS not only ascertains your visa acceptance but also helps you qualify in a rightful and secure manner. We are dedicated to providing you with the best possible experience through your Australian immigration
Learn your visa eligibility to Australia today. Book your free consultation.
Frequently Asked Questions
Can I apply for a spouse visa while I am in Australia on a tourist visa?
What happens if my relationship ends after applying for a spouse visa?
Can I include same-sex relationships in a spouse visa application?
Can I travel outside Australia while my spouse's visa application is being processed?
What happens if my Spouse Visa application is refused?