Wondering what you need to get a spouse
visa for Australia? If you've been married to an Australian, or are
in a de facto relationship with an Aussie or permanent resident for
at least 12 months, you may be able to apply for a spouse visa for
Australia.
What is a Spouse Visa for Australia?
It is a temporary visa that allows you
to stay in Australia with your partner. It can also be the pathway to
permanent residence if, after two years of applying for this visa,
your relationship is still genuine and continuing.
In order to be eligible for a spouse
visa for Australia, you and your
partner must fulfill the following requirements:
- Both of you must have a commitment to a shared life as husband and wife, regardless if you are legally married.
- Your relationship must be genuine and continue.
- You must live together (at least on a permanent basis).
- If you are not legally married, you will have to prove that you have been in a relationship with your spouse for the last 12 months, and that you have lived together during this time.
- Both of you need to be 18 years old or over and must pass health and character criteria.
When applying for a spouse visa for
Australia, you may either be in Australia or overseas, however, apply
from within Australia has its advantages. Once your application is
accepted, you will receive an Extended Eligibility Temporary Visa
that will give you the right to stay in Australia for two years and
you will have the right to work during this period.
Depending on your case, you may not
need to wait the two-year period to be complete to be able to apply
for a permanent residence visa. Circumstances that this may happen
are:
- If you have been married for five years or more at the time of application.
- If you have been married for two years and there are dependent children of the relationship.
- If your partner was approved for a permanent visa under the humanitarian program or has got a protection visa and was in the relationship with you before the visa was given.
Once the two-year period has passed,
you will be able to apply for a permanent residence in Australia,
provided that your relationship still continues. Depending on the
case, you may be able to get a permanent residence even if the
relationship has broken up before the end of the two-year period.
Cases that this applies include if your spouse has died during this
period; if you and your Australian partner have children under 18
years of age or if you and your dependents have experienced domestic
violence during this period.
Keep in mind that applying for a spouse
visa for Australia can be a stressful time. The complexity of the
paperwork and lengthy processing times can put a lot of pressure on
your relationship. To minimize the time and stress, we recommend you
to book a professional consultation with a visa expert who will guide
you through the process and make your visa process as smooth as
possible.
