You may qualify for a spouse visa, which offers a route to permanent residency in Australia if you are married to an eligible Australian citizen, permanent resident, or eligible New Zealand citizen. In the migration provisions, a spouse visa is referred to as a partner visa because eligibility is not based solely on marital status; de facto couples may also be eligible for a partner visa. As a result, the terms “partner” and “spouse” are used synonymously throughout this page. Continue reading to find out what are the prerequisites for an Australian spouse visa and how to apply.
What Is the Spouse Visa Application Process?
A spouse visa application can be submitted in-country or from outside of Australia. Eligible applicants must submit a Subclass 820/801 Partner visa application in order to apply for a spouse visa Australia onshore. The Subclass 309/100 Partner visa is the equivalent offshore spouse visa application for Australia.
A two-stage process is involved in both onshore and offshore spouse visa applications. Making a joint application for a partner visa for both temporary and permanent residence is the first stage.
If you want to wed an eligible citizen of New Zealand or an Australian citizen or permanent resident, you can apply for an offshore partner visa as long as the marriage will, if it happens, be a legal union under the migration laws. The marriage must have occurred before the temporary subclass 309 visa may be issued, which is important. This is intended for a scenario in which you intend to wed outside of Australia. Instead, you should apply for the Subclass 300 Prospective Marriage visa if you want to wed your Australian partner there.
Important Requirements for a Spouse Visa
Your marriage must meet the definition of a spouse relationship under the migration regulations in order for it to qualify for a partner visa, which is one of the most crucial requirements. A marriage certificate alone is insufficient evidence to meet this criterion; further documentation is needed.
According to Australian law, your marriage must be legally binding (which will be most relevant for marriages that take place outside Australia). The minimum age requirement is typically 18, but if certain requirements are met, it can be dropped to 16.
Australian law recognizes same-sex unions, making them qualified to be granted a partner visa based on marriage (provided all other requirements are satisfied).
You must also demonstrate that you and your Australian spouse are in a genuine and permanent relationship and are not permanently living apart in a basis to meet the definition of a spouse relationship. This commitment to married life together and the exclusion of all others must be shown.
The Department will consider your relationship’s financial and social features, the structure of your household, and your devotion to one another when determining whether you meet this definition. Practically, this means speaking things like:
Your intention to enter into a committed, long-term, and exclusive relationship; your knowledge of each other’s background, family situation, or other personally identifiable information; the terms of your wills; the beneficiary of your superannuation; and your continued communication during any time spent apart (commitment aspect).
The items mentioned above are only a few examples of the kinds of things to take into account while you gather your evidence; the list is not exhaustive. The documentation you should submit will depend on the particular particulars of your personal relationship because every relationship is unique. The most crucial aspect of your application is that you include compelling proof that you fall under the category of a spouse relationship described above. If you are unable to demonstrate the presence of one or more of these elements in your relationship, you should offer sufficient justifications and, if practical, supporting documents. The Department acknowledges that each marriage is unique and individual, however, it does anticipate that the majority of couples in modern Australia will show the aforementioned characteristics. If your marriage does not clearly include these components, the Department will scrutinize it more closely. In time to avoid future delays and concerns being raised about the evidence of your claims, it is best to address these points in full when submitting your application. To make ensure that you cover all relevant details as they apply to your individual case, we advise you to consult our comprehensive guide on the evidential requirements for a partner visa.
Additionally, you and your spouse should each create thorough written statements (that are signed and dated) that contain the information listed below:
A description of your joint home life, including how you assist one another emotionally, physically, and financially;
A description of any periods during which you were apart (include information about the circumstances of your separation, including how you kept your relationship strong);
Moments that are significant in your relationship; and
Your goals for the future of your union.
These statements give you and your spouse the chance to clearly describe the details of your relationship and how you meet with the relevant definition of a spouse relationship, which is one of the most important criteria used to decide whether you qualify for the grant of a partner visa.
If you intend to wed your Australian partner before the visa is granted and are applying for an offshore subclass 309 visa, you must provide supporting documentation to show that you have already finalised wedding plans. This should state the marriage’s anticipated date.
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