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Australian Spouse Visa

 

Why apply for an Australian Spouse Visa?

If you have found your dream partner with whom you want to settle down with, but you are unsure where to live together, because you are British and your partner is either an Australian citizen or permanent resident, then it can certainly be a difficult conclusion to make.

Australia offers much in terms of warmer weather, beautiful and natural landscapes and a variety of jobs.

If you have decided to live in Australia, then you will need to apply for an Australian Spouse (Partner) Visa. Therefore, evidence must be submitted to prove that the relationship is genuine and ongoing. The immigration process in Australia can be cumbersome and must be navigated correctly and with a fine-tooth comb; failure to do so can be catastrophic, as in the recent case of Novak Djokovic.

Emigrate-to-Australia.co.uk is part of Taylor Hampton Solicitors, an independent Law firm based in London, UK. Our legal team specialises in Australian immigration and our Australian immigration consultants have over 15 years of experience making many successful applications including for Partner, Spouse and Prospective Marriage Visas.

Get in touch with our Australian Migration Agents to assist you with the Partner visa application process from start to finish. Contact us on 0207 427 5290 or email us: enquiries@emigrate-to-australia.co.uk 

Moving to Australia on a spouse visa checklist

You can apply for the visa if your partner is:

  • An Australian citizen
  • An Australian Visa holder / Australian permanent resident
  • An eligible New Zealand Citizen

Types of partnership

The union must be genuine and on-going for at least 12 months before you apply and committed (beyond the girlfriend and boyfriend stage). Essentially, the partnership must be exclusive and this can be shown either through marriage or a de facto relationship.

A de facto relationship means that you are not married, but you and your partner have been together for at least 12 months and are committed to a shared life that excludes all others. As such, you must live together and the relationship must be genuine and continuing.

The Australian Department of Internal Affairs defines spouse as “one of two people in a married relationship if they are married to each other under a marriage that is valid for the purposes of the Migration Act and have a mutual commitment to a shared life excluding all others, have a genuine and continuing relationship, and live together or don’t live separately and apart on a permanent basis”.

Further applicant requirements for a spouse visa:

The applicant must be:

  • Over 18 years old
  • Not have had a visa cancelled or application refused in the past
  • Sponsored by your Australian partner
  • Meet the health requirement – this means that you must be free from any disease or condition that may pose a significant healthcare and community service cost to the Australian community, or is likely to limit the access of Australian citizens and permanent residents to healthcare
  • Meet the character requirements
  • The move to Australia must be in the best interests of any child applicants under the age of 18

Evidence of a genuine and ongoing relationship:

As part of the application you must include valid evidence to support your application including evidence of:

  • social aspects of your relationship
  • mutual commitment
  • nature of your household
  • shared financial responsibilities

Every relationship is unique and therefore will have different needs and requirements. Our team at Taylor Hampton can represent your case in the correct way and advise on the best documentations to evidence what you must submit. For couples with limited documentation, our Australian Migrant Agents will discuss alternative Visa options.

 

What are the different types of Partner Visa?

Spouse and Partner Visas come in three distinct types:

  • Prospective Marriage Visa (subclass 300).
  • Partner visa (subclass 309 and 100),
  • Partner Visa (subclass 820 and 801)

 

Subclass 820/801: Onshore – When the applicant is in Australia when they lodge the visa application.

Subclass 309/100: Offshore – When the applicant is outside of Australia when they lodge the visa application

It is important to note that when a person lodges an application for a Partner (Spouse) Visa, they are applying for two visas at the same time. As such, there are two stages to the application:

 

Stage one (subclass 820 or subclass 309):

The decision of the first stage is a temporary visa and if granted, it’ll allow the applicant to enter or stay in Australia until the decision is made on the second stage permanent visa.

The temporary partner visa (Subclass 820)

This visa may be converted to Permanent Residency by route of the Subclass 801 Visa.

Who is eligible for this visa?

  • Anyone who is married to their sponsor or in a de facto relationship
  • If they are making an application for this type of visa from Australia

Your sponsor will have to be an Australian citizen, permanently resident in Australia, or they should be a New Zealand citizen.

The temporary partner visa (Subclass 309)

This visa can be converted to a Permanent Residency Visa by route of the Subclass 100 visa.

Note that this visa can only be confirmed after 2 years of submitting the first application.

Who is eligible?

  • You are married to or in a de facto relationship with your sponsor
  • You are outside Australia when you make your application 
  • Your sponsor will have to be an Australian citizen, permanently resident in Australia, or they should be a New Zealand citizen

 

Stage two (subclass 801 or subclass 100)

Two years after the application is lodged, the applicant can initiate the process for the second stage permanent visa, provided that they are still married or in a de facto relationship with their sponsor. An exemption does apply for applicants who are separated from their partner due to domestic violence.

 

The permanent partner visa (Subclass 801)

This visa can be applied for two years after the Subclass 820 temporary Partner Visa has been granted.

Who is eligible for this visa?

  • Anyone who has a subclass 820 temporary visa.
  • You must still be in a relationship with the person who is sponsoring you
  • You will have been living in Australia with you partner more than two years.

The Permanent Partner visa (Subclass 100)

As in Subclass 801, this visa can only be applied for two years the Subclass 309 temporary visa has been granted to you.

Who is eligible?

  • You will need to already have the Subclass 309 temporary visa
  • You must still be in a relationship with the person who is sponsoring you
  • You have been living with your partner in Australia for more than two years.

 

The Fiancé visa or the prospective marriage visa (Subclass 300)

This is a temporary visa and you will need to show evidence that you:

  • Show intention to marry your sponsor
  • You must marry your sponsor within 9 months of visa grant.
  • This visa can be upgraded to a temporary partner visa, (Subclass 820)

Australia Day is on the 26th January and is the official National Day of Australia and marks the day the first fleet of ships arrived on Sydney Cove in 1788. In recent years, it is a day to celebrate the diverse society, community and vibrant landscapes that shapes Australia. To celebrate, citizenship ceremonies are held to welcome new members into the Australian community. Could that be you?

To get the best chance of a successful application, get in touch with our certified Australian Migration Agents at Emigrate to Australia to assist with your personal Spouse (Partner) Visa application. Where and how do you want to celebrate Australia Day next time?

 

Move to Australia on a Spouse Visa

Migrate to Australia on a Partner Visa

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