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:
you
can demonstrate compelling and compassionate circumstances, (e.g. you and
partner have children)
all
the following circumstances apply:
your
partner is, or was, the holder of a permanent humanitarian visa
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
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.
