Australia Spouse Visa
The Australian Spouse Visa is designed for couples, including those in same-sex relationships, who are either married, in a common-law partnership, or a de-facto relationship. This visa category caters to individuals who are the spouse or partner of Australian citizens, Permanent Residents, or eligible New Zealand citizens, granting them the opportunity to live in Australia permanently.
The Australia Spouse Visa encompasses two primary streams, each consisting of three major subclasses:
- Potential Marriage Visa: This visa is intended for individuals who are engaged and planning to get married to an Australian citizen, Permanent Resident, or eligible New Zealand citizen.
- Partner Visa: The Partner Visa stream caters to different types of relationships, and it is further divided into three major subclasses:
- Marital Relationship (De Jure): This subclass is applicable for couples who are legally married and seeking to join their Australian spouse.
- De Facto Relationship (Including Same-Sex): Couples who are in a de-facto relationship, which includes same-sex partnerships, can apply under this subclass. It covers partners who are not legally married but share a committed and genuine relationship akin to marriage.
The choice of the appropriate Spouse Visa depends on the nature of the relationship you are in. Here is a breakdown of the relationship types and the corresponding Australia Spouse Visas:
- Engaged and Planning to Marry (Fiancé/Fiancée): For individuals intending to marry an Australian citizen, Permanent Resident, or eligible New Zealand citizen, the Potential Marriage Visa is the appropriate option.
- Legally Married (De Jure Marital Relationship): Couples who are officially married can apply for the Partner Visa under the marital relationship stream.
- De Facto Relationship Partner (Including Same-Sex): Those in committed de-facto relationships, irrespective of gender, should opt for the Partner Visa in the de facto relationship stream.
These visa categories provide a pathway for spouses and partners to reunite and establish a life together in Australia. It’s essential to accurately identify the appropriate stream based on your relationship type when applying for an Australian Spouse Visa.
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Subclass of the Australia Spouse Visa
Australia Spouse Visa Subclasses: Temporary and Permanent
The Australia Spouse Visa program comprises two main categories: Temporary and Permanent visas. Partners who meet the necessary criteria are initially granted a Temporary Australia Visa. Subsequently, eligible applicants can be considered for the Australia Permanent Resident Visa. This can occur after a specific eligibility period, or in cases involving children, longstanding relationships, or immediate approval after the Provisional Visa is granted.
This visa avenue also extends to the entry of fiancés or intended spouses of Australian citizens, permanent residents, and eligible citizens of New Zealand.
Here’s an overview of the Australia Subclass Visas based on your application location:
If you’re in Australia:
Partner Temporary Subclass 820 Visa and Permanent Subclass 801 Visa These visas allow you to stay in Australia with your partner, who must be an Australian citizen, permanent resident, or eligible New Zealand citizen. If your relationship remains genuine and continues for at least 24 months after the visa application, you may be eligible for an Australia Permanent Resident Visa.
If you’re not in Australia:
Partner Provisional Subclass 309 Visa and Permanent Subclass 100 Visa If you’re outside Australia, you can apply for these visas to join your partner who is an Australian citizen, permanent resident, or eligible New Zealand citizen. If your relationship remains genuine and continues for at least 24 months after the visa application, you can be considered for an Australia Permanent Resident Visa.
These visa options offer couples the opportunity to unite and build their lives together in Australia, fostering genuine relationships between partners.
What criteria must a person meet to obtain an Australia Spouse Visa?
Eligibility for Australia Spouse Visa: Key Requirements
- Genuine and Exclusive Relationship: You and your partner must share a genuine, exclusive commitment resembling a husband and wife, regardless of legal marriage. This should be your primary relationship, excluding all others.
- Continuing and Authentic Relationship: Your relationship must be ongoing and sincere. It should reflect a genuine emotional connection, not merely for visa purposes.
- Shared Residency: Both of you should either reside together full-time or not live separately on a permanent basis. This signifies a real shared life as a couple.
- Minimum 1-Year Relationship: You need to demonstrate a spousal relationship of at least 1 year, during which you have usually lived together (unless legally married). This showcases the longevity and authenticity of your bond.
- Age Requirement: Normally, both partners must be above 18 years of age, reflecting legal adulthood.
- Character and Health Standards: You must meet the required standards for character and health, ensuring you pose no threat to the Australian society and fulfill health criteria.
These are the fundamental requirements for obtaining the Australia Spouse Visa. Adhering to these guidelines will enhance your chances of a successful application process.
Australian Spouse Visa Procedures and Rules
Navigating the Australia Spouse Visa process offers flexibility for applicants whether applying from within Australia or abroad. While both options have merits, applying within Australia comes with added advantages. Once your initial application gains approval, you’ll receive an Extended Eligibility Provisional Visa, granting a 2-year stay in Australia with full work rights.
Under certain circumstances, you might not need to wait the full 2 years before applying for the Australia Permanent Resident (PR) Visa. This can apply if:
- Longstanding Relationship: If your relationship with your spouse has lasted 5 years or more at the time of application.
- Children and Relationship: If your relationship with your spouse has reached 2 years and you have dependent children.
- Partner’s PR Visa: If your spouse obtained a PR Visa through Humanitarian or Protection programs and had an existing relationship with you before their Visa approval. This relationship must have been declared to Australian immigration officials.
Should your relationship remain valid after the 2-year period, you can also apply for the Australia PR Visa.
Additionally, situations where the relationship ended before the 2-year term can still qualify for the PR Visa under specific circumstances, including:
- Spouse’s Passing: If your spouse passes away during this time.
- Child Dependents: If you and your spouse in Australia have children under 18 years old.
- Domestic Violence: If you or your dependents experience domestic violence during this period.
These provisions offer flexibility and understanding in challenging situations. It’s important to understand the criteria and options available to successfully navigate the Australia Spouse Visa journey
Applications for the Partner Visa Subclass 309 and 100 Visa submitted outside of Australia
The Provisional Partner Subclass 309 Visa enables eligible individuals to reside in Australia by being lawfully married to or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand national, including same-sex couples.
This inclusive visa application can be submitted from overseas, and approval necessitates remaining abroad initially. This visa serves as the initial stage towards obtaining the Permanent Partner Subclass 100 Visa. A single application suffices for both the Provisional and Permanent Visas, with a two-year gap between processing phases. Notably, certain circumstances permit visa acquisition even if the relationship has ended.
The sponsorship for this visa is facilitated by your spouse. However, if your partner has previously sponsored another person in the last 5 years or sponsored two individuals previously, they cannot act as a sponsor.
Once granted, the Provisional Partner Subclass 309 Visa allows:
- Residency in Australia until a decision on the permanent Partner visa is reached.
- Authorization to work within Australia.
- The opportunity to study in Australia, without government financial support.
- Eligibility to enroll in Australia’s healthcare system, Medicare.
Upon securing the Permanent Partner Subclass 100 Visa, beneficiaries gain the following privileges:
- Indefinite stay in Australia.
- Freedom to work and study in Australia.
- Residency in Australia until a decision on the permanent Partner visa is reached.
- Eligibility to apply for Australian citizenship, subject to meeting criteria.
- Capacity to sponsor eligible family members for Australia’s Permanent Residency Visa.
- Entitlement to certain social security payments.
- Five years of travel in and out of Australia from the visa approval date, followed by the need for a subsequent visa.
For the visa application, it’s possible to include the following individuals:
- Dependent children.
- Additional dependent relatives.
All applicants, including dependents, must meet the specified character and health requirements. These aspects play a crucial role in ensuring the eligibility and suitability of individuals for the Provisional Partner Subclass 309 Visa.
Applications for Partner Subclass 820 and 801 Visas submitted in Australia
The Provisional Partner Subclass 820 Visa offers you the opportunity to reside in Australia if you are legally wedded to or in a de facto partnership with an Australian citizen, permanent resident, or eligible New Zealand national. Notably, this visa is also available for same-sex couples. The application for this Partner Visa must be made while you’re within Australia, and you must remain in the country during the visa’s approval process. It’s worth noting that under certain circumstances, you can still be eligible for this visa even if your relationship has ended.
In this context, your spouse plays a crucial role as they will be the one sponsoring you for the visa. However, there are specific conditions to be aware of; your partner cannot sponsor you if they have sponsored another individual in the last 5 years, or if they have previously sponsored two individuals. This Provisional Partner Subclass 820 Visa marks the initial phase toward acquiring the Permanent Partner Subclass 801 Visa.
With the Provisional Partner Subclass 820 Visa, you’re allowed to:
- Reside in Australia until a decision is reached regarding your permanent Partner visa.
- Engage in employment within Australia.
- Pursue studies in Australia, without access to government funds.
- Participate in Australia’s healthcare system, including Medicare coverage.
Once you’ve been granted the Permanent Partner Subclass 801 Visa:
- You gain the privilege to remain in Australia indefinitely.
- You can continue your studies and employment in Australia.
- If eligible, you can apply for Australian citizenship.
- It’s possible to sponsor qualified relatives for an Australian PR Visa.
- You may receive select social security benefits.
- You’re granted entry to and exit from Australia for a span of 5 years from the Visa’s approval date, after which a new Visa will be necessary for entry.
Furthermore, the inclusion of your dependent children is feasible in your Visa application. However, it’s important to note that other dependent family members cannot be included unless you possess or have had a Prospective Marriage Visa. Also, these dependents are required to be present in Australia during the application submission.
Two years following your application for the Provisional Partner Subclass 820 Visa, provided your relationship persists, you will be invited to apply for the Permanent Companion Subclass 801 Visa.
Both the Visa applicant and any dependents must meet the prerequisites for character and health criteria.
This comprehensive pathway outlines the various opportunities offered by the Provisional Partner Subclass 820 Visa and its significance in achieving permanent residency in Australia.
The duration of the Australia Partner Visa processing
| 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 |
Processing times for Permanent Partner Subclass 801 Visa and Permanent Partner Subclass 100 Visa are calculated from the eligibility date, which is typically 2 years from the lodgment of the 309/100 or 820/801 application, until the visa application is finalized.
How can Izago Immigration Help you in Sponsoring your spouse for a Visa?
Izago Immigration provides comprehensive assistance to individuals seeking to sponsor their spouse to live in Australia through various visa programs. These programs often have stringent standards, leading to a high rate of application refusal for those not prepared and filed correctly. Our expertise lies in guiding applicants through these complex processes and intricate documentation requirements, increasing the chances of successfully obtaining an Australian spouse visa.
Our team of seasoned Immigration Experts has assisted numerous families in successfully relocating to Australia to be together through the Partner Visa (subclass 820/880) program. With their proficiency and experience, they can thoroughly assess your unique case and recommend the most suitable approach to cater to your partner visa needs.
Having been a prominent figure in the immigration industry for over 16 years, Izago Immigration has garnered a wealth of positive reputation and extensive experience. We have consistently supported a diverse range of aspiring couples in realizing their dreams of living together in Australia.
As a top-tier brand in the Immigration sector, Izago Immigration stands out as a highly dependable immigration firm with an impressive track record of facilitating thousands of successful partner visa applications. Several key factors contribute to our status as the premier Immigration Consultant for obtaining an Australian partner visa:
- Authorized and Licensed Immigration Consultants: Our consultations are conducted by qualified experts who are authorized and licensed to provide immigration advice.
- Comprehensive Guidance: We offer step-by-step guidance throughout the eligibility assessment and application process, ensuring applicants are well-informed at every stage.
- Online Security and Transparency: We maintain a secure online platform for our processes and uphold transparency, keeping applicants informed about their application status.
- Complaint Redressal System: We have a structured system in place to address any concerns or issues that may arise during the application process.
- Vast Experience: With a proven track record of handling over 10,000 applications, we bring an extensive wealth of experience to each case we handle
- Thorough Case Assessment: Each case is meticulously reviewed multiple times before submission to ensure accuracy and completeness.
- Easy Qualification Evaluation: We offer a user-friendly platform for evaluating qualifications and other skills, streamlining the initial assessment process.
The application process for an Australian spouse visa can be complex, so it is important to seek professional help. Izago Immigration can help you with every step of the process, from assessing your eligibility to submitting your application.
We understand that sponsoring your spouse to Australia is a big decision, and we are here to help you make it a success. Contact us today for a consultation.
