A Spouse Visa for Australia allows married and de facto (opposite and same-sex) partners of Australian citizens, Australian permanent residents or eligible New Zealand citizens to enter and remain in Australia.
The visa is typically granted as temporary visa and two years after lodging the relationship is reassessed and if deemed genuine, a permanent visa will be granted. You can apply for a residency spouse visa straight away under some circumstances.
The Spouse Visa has now been replaced by the Partner Visa. Many people may still refer to this visa as the Spouse Visas so it is important to understand that is related to visas for partners or significant others whether they be husbands or wives.
There are two types of partner visas: Prospective Marriage visa and Partner visa. The type of visa for which you can apply depends on the type of relationship you are in.
- If you intend to marry have a fiancé(e) but you are not yet married you will need to apply for a Prospective Marriage Visa.
- If you are married and are in a de jure (legally married) relationship you will need to apply for a Partner Visa.
- If you are in a de facto relationship (see Note below for definition) you will need to apply for a Partner Visa.
- If you are a spouse or a partner of an Australian you should note that you do not have an automatic right to Australian citizenship. You will need to apply for citizenship and satisfy the eligibility criteria in the same way as other adult applicants.
True Blue Migration can advise you on all aspects relating to a Partner (Spouse) Visa including application and lodgement on your behalf. We can also help you assess your eligibility to check whether you meet the necessary requirements for a Partner (Spouse) Visa. We provide you with honest feedback to save you time and worry.
The basic requirement for a Partner Visa includes:
- You must be either married to or in a de facto relationship
- Be an Australian citizen; or
- Be an Australian permanent resident; or
- Be an eligible New Zealand citizen.
All Partner (Spouse) visa applicants must be sponsored by their partner who must be at least 18 years of age. To be considered for a Partner (Spouse) visa your marriage must be recognised – be legal – under Australian law.
All Australian Visas including the Partner (Spouse) Visa is administered by the Department of Immigration and Citizenship (DIAC). To apply for a Partner (Spouse) Visa you must lodge a form with the department either via the electronic form online or via a paper form that can be downloaded from the department’s website. All applicants for a partner category visa must have a sponsor. The sponsor must be prepared to sponsor the visa applicant and any dependent family members who are also included in the application and who are also migrating with the applicant. The sponsor is usually the person with whom the visa applicant has the fiancé(e) or partner relationship.
A sponsor must meet a range of legal criteria to be eligible to sponsor their fiancé(e) or partner. As part of the application process, the relationship will be assessed. The applicant will be asked to provide personal information and documents to the department. They may also be asked personal questions about the relationship at interview.
Sponsors applying in Australia may not be able to make a valid application be granted a Partner visa, if they:
- Do not hold a substantive visa and have had a Partner visa refused or cancelled since at last entry to Australia
- Do not hold a substantive visa and the previous visa has ceased
- Hold a visa with a No further stay condition (conditions 8503, 8534 or 8535); or
- Hold a Sponsored Visitor visa
- Hold a Criminal Justice visa; or since the last entry to Australia, hold or held a Provisional General Skilled Migration visa and have not held or did not hold that visa for at least 2 years;
- Have a debt to the Australian Government and have not made satisfactory arrangements to repay the debt.