Spouse & Partner visas

 

SPOUSE & PARTNER VISAS

 

This visa is for those in committed relationships.

These visas allow you to enter or remain in Australia on the basis of your married or de-facto relationship with your partner (a) on a temporary partner visa (usually for a waiting period of approximately two (2) years from the date you applied for the visa) or (b) on a permanent partner visa if, after the waiting period (if applicable), your partner relationship still exists and you are still eligible for this visa.

This visa includes dependent children and other eligible dependent relatives.

Who is eligible for a Spouse Visa – Onshore and Offshore?

Married Applicants - Your marriage must be legal under Australian Law. If you were married in a country other than Australia and that marriage is valid in that country, generally it will be recognised as valid under Australian law.
There are some exceptions, such as same-sex, underage or polygamous marriages, which are not accepted in Australia. Same-sex couples are not eligible for this visa.

De Facto Applicants - You and your partner must have been in a de-facto relationship for the entire 12 months immediately prior to making application and you must have been living together for at least six months immediately before application.  Same sex couples can apply under this subclass and use the same criteria.

The 12-month requirement may be waived if:

1. you can demonstrate compelling and compassionate circumstances, (e.g. you and partner have children)  
2. all the following circumstances apply:
   1. your partner is, or was, the holder of a permanent humanitarian visa
   2. prior to their permanent humanitarian visa being granted, you were in a relationship with your partner that meets the requirements of a de facto relationship and
   3. the department was informed of this before the permanent humanitarian visa was granted.

Other Requirements for a Spouse Visa – Onshore and Offshore (subclass 820/801 and subclass 309/100 visa)

You must be sponsored by an eligible sponsor. An eligible sponsor is an Australian citizen or permanent resident, or an eligible New Zealand citizen, who undertakes sponsorship obligations. Usually, the sponsor is your partner and is over 18 years old.

You and your partner must show a mutual commitment to a shared life as husband and wife to the exclusion of all others. You and your partner must be living together or, if not, any separation must be only temporary. You must also have a genuine and continuing relationship with your partner.

Benefits of the Prospective Marriage Visa (subclass 300 visa) - Offshore

Spouse temporary visa (onshore and offshore visas) – permit you to enter or remain in Australia with your spouse, until a decision is made regarding your permanent visa, work in Australia, study in Australia, but you will not have access to government funding for tertiary study and Australia's medical benefits expenses and hospital care scheme, Medicare.

Spouse permanent visas (onshore) – allow you to remain permanently in Australia with your spouse, work and study in Australia, enrol in Australia's medical benefits expenses and hospital care scheme, Medicare. You may also be eligible to receive certain social security payments and apply for Australian citizenship (subject to the residency eligibility criteria)

Note: In certain circumstances you can apply to go straight to permanent residency without the two year temporary residency requirement.