Australia is one of the most desirable countries in the world to live in, and many immigrants seek to reunite with their partners and start a new life together.
One of the pathways to achieve this is through the Australia Spouse Visa, which allows individuals who are married to or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia.
The Spouse Visa offers a route for partners to join their loved ones in Australia, whether on a temporary or permanent basis.
This guide will explain everything you need to know about the Australia Spouse Visa, including the application process, the eligibility criteria, types of Spouse Visas, sponsorship requirements, and the steps involved in applying for the visa.
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What is the Australia Spouse Visa?
The Australia Spouse Visa is designed for foreign nationals who are married to, or in a de facto relationship with, an Australian citizen, permanent resident, or eligible New Zealand citizen.
The visa allows applicants to enter and remain in Australia while living with their partner. The Spouse Visa can be temporary or permanent, depending on the applicant’s situation.
The Spouse Visa is an important part of Australia’s family reunion immigration program, enabling couples to live together in Australia.
There are two key types of Spouse Visas in Australia:
- Partner Visa (Subclass 820/801) – This visa is for people who are married to or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. It is a two-step process, with the temporary (subclass 820) visa granted initially, followed by the permanent (subclass 801) visa.
- Prospective Marriage Visa (Subclass 300) – This visa is for individuals who intend to marry their Australian partner. It allows the applicant to enter Australia, marry their partner, and then apply for a Partner Visa (subclass 820/801).
Key Features of the Spouse Visa:
- Sponsorship Requirement: The visa requires an Australian citizen, permanent resident, or eligible New Zealand citizen to act as a sponsor.
- Temporary and Permanent Options: The visa allows for temporary residency on the subclass 820, with the possibility of obtaining permanent residency with subclass 801.
- Family Inclusion: The visa allows applicants to include dependent children as part of the application.
Types of Australia Spouse Visas
Australia offers two main types of Spouse Visas – the Partner Visa and the Prospective Marriage Visa.
Both have different eligibility criteria, application processes, and requirements. Below, we discuss each type in detail.
1. Partner Visa (Subclass 820/801)
The Partner Visa is the most commonly used visa for individuals who are married to or in a de facto relationship with an Australian citizen or permanent resident.
It is a two-stage process, with the first stage granting a temporary visa and the second stage leading to permanent residency.
Key Features:
- Two-Step Process: The initial stage (subclass 820) grants a temporary visa, and after two years of living together with your partner, you can apply for the permanent visa (subclass 801).
- Eligibility: The applicant must be in a genuine, committed relationship with their Australian partner.
- Sponsor: The applicant’s partner (Australian citizen, permanent resident, or eligible New Zealand citizen) must act as the sponsor.
Eligibility Criteria for Subclass 820/801:
- You must be married or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
- The relationship must be genuine, and you need to provide evidence such as joint financial responsibilities, living arrangements, and mutual commitment.
- You must meet health and character requirements.
- You must be able to prove that your relationship is ongoing and committed.
Application Process:
- Apply for Subclass 820 (Temporary Visa): The application begins by applying for the temporary visa (subclass 820). During this time, you will be allowed to live in Australia.
- Apply for Subclass 801 (Permanent Visa): After living together for at least two years, you can apply for permanent residency through the subclass 801 visa.
2. Prospective Marriage Visa (Subclass 300)
The Prospective Marriage Visa (subclass 300) is for individuals who intend to marry their Australian partner.
This visa allows the applicant to enter Australia, marry their partner, and then apply for a Partner Visa (subclass 820/801).
Key Features:
- Temporary Stay: The visa allows the holder to stay in Australia for up to 9 months to marry their partner.
- Marital Intent: Applicants must show that they and their Australian partner intend to marry during the time spent in Australia.
- Pathway to Partner Visa: After marriage, you can apply for the Partner Visa to remain in Australia.
Eligibility Criteria for Subclass 300:
- You must be in a genuine and committed relationship with your Australian partner.
- You must be able to prove that the relationship is genuine and that both parties intend to marry.
- You must meet health and character requirements.
- The applicant and the Australian sponsor must be of legal marriageable age.
Application Process:
- Apply for Subclass 300 Visa: Apply for the Prospective Marriage Visa to enter Australia and marry your partner.
- Marriage and Partner Visa Application: After marriage, you can apply for a Partner Visa (subclass 820/801) to stay in Australia permanently.
Visa Sponsorship in Australia
Visa sponsorship is a critical component of the Australia Spouse Visa process. A sponsor is an Australian citizen, permanent resident, or eligible New Zealand citizen who agrees to financially support the visa applicant during their stay in Australia.
The sponsor must provide evidence of their relationship to the applicant and meet certain eligibility requirements.
Who Can Be a Sponsor?
- Australian Citizen or Permanent Resident: Only Australian citizens, permanent residents, or eligible New Zealand citizens can sponsor a spouse for the Partner Visa.
- Genuine Relationship: The sponsor must prove that the relationship is genuine, committed, and ongoing.
- Sponsor’s Responsibilities: The sponsor must financially support the applicant during the stay in Australia and ensure that the applicant complies with the visa conditions.
Sponsor Eligibility Criteria:
- Age: The sponsor must be over the age of 18.
- No Previous Sponsorship Issues: The sponsor should not have been involved in previous sponsorships that resulted in the applicant overstaying their visa or violating visa conditions.
- Financial Stability: The sponsor must demonstrate their ability to support the applicant financially, ensuring that the applicant does not rely on public funds during their stay.
- Health and Character: The sponsor must meet the health and character requirements set by the Australian government.
How to Apply for an Australia Spouse Visa
The application process for an Australia Spouse Visa involves several steps, which vary depending on the type of visa you are applying for (subclass 820/801 or subclass 300). Below is an outline of the general process:
Step 1: Prepare the Necessary Documentation
Before applying, gather the required documents to demonstrate your eligibility for the visa. These may include:
- Proof of Relationship: Evidence of your marriage or de facto relationship, such as marriage certificates, joint bank accounts, and shared financial responsibilities.
- Health and Character Documents: Medical examination reports and police clearance certificates.
- Proof of Citizenship or Residency of the Sponsor: The sponsor will need to provide proof of their Australian citizenship or permanent residency status.
Step 2: Submit Your Application
You can submit your application online through the Australian government’s Department of Home Affairs website. Ensure that all forms are correctly filled out and all documents are uploaded.
Step 3: Pay the Application Fee
The application fee for a Spouse Visa depends on the subclass and the applicant’s specific circumstances. Ensure that the fee is paid at the time of application submission.
Step 4: Wait for Processing
The processing time for Spouse Visas can vary depending on the visa subclass and the complexity of your application.
On average, processing can take 12 to 18 months. During this time, the Australian government may request additional information or documents.
Step 5: Receive Your Visa
Once your visa is approved, you will receive your visa approval notice. If you have applied for a temporary visa (subclass 820), you can enter Australia and begin living with your partner. After two years, you can apply for permanent residency under the subclass 801 visa.
Benefits of the Australia Spouse Visa
The Australia Spouse Visa offers numerous advantages to immigrants who wish to join their Australian partner. Some of the key benefits include:
1. Permanent Residency
The subclass 801 visa provides the pathway to permanent residency after living together for two years, allowing you to live, work, and study in Australia indefinitely.
2. Access to Healthcare
As a holder of a Spouse Visa, you may be eligible for Medicare, Australia’s public health insurance system, which covers medical expenses and hospital treatment.
3. Family Reunification
The Spouse Visa allows you to bring your children under the age of 18 as dependents, ensuring that your family can stay together while you live in Australia.
4. Work Rights
Once granted a Spouse Visa, you can work in Australia without restrictions, providing you with the opportunity to build a career or contribute to the Australian economy.
5. Pathway to Citizenship
After living in Australia for a specified period (usually four years), you may become eligible to apply for Australian citizenship, further solidifying your future in the country.
Common Questions About Australia Spouse Visas
1. How long does it take to get a Spouse Visa?
- The processing time for the Australia Spouse Visa typically ranges from 12 to 18 months, but it may vary depending on your individual circumstances and the type of visa you are applying for.
2. Can I work while waiting for my Spouse Visa?
- If you are in Australia on a temporary visa (subclass 820), you are allowed to work while your application is being processed.
3. What happens if my Spouse Visa is refused?
- If your Spouse Visa is refused, you may have the option to appeal the decision through the Administrative Appeals Tribunal (AAT). It’s important to address the reasons for the refusal and submit additional evidence if necessary.
4. Can I bring my children with me on a Spouse Visa?
- Yes, you can include dependent children in your Spouse Visa application. They must be under 18 years of age and meet the necessary eligibility criteria.
The Australia Spouse Visa offers a vital pathway for immigrants wishing to reunite with their Australian partner.
Whether you are married or in a de facto relationship, this visa provides the opportunity to live, work, and study in Australia while being with your loved one.
By understanding the types of Spouse Visas available, meeting the eligibility criteria, and following the application steps, you can increase your chances of success in obtaining a Spouse Visa and building your life together in Australia.
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