Spouse Visa

You can apply for a spouse visa, de-facto visa, fiance or prospective marriage visa from inside Australia or outside Australia.

If you are granted a permanent spouse visa you will be able to

• live and work in Australia on a permanent basis
• sponsor your family members to live in Australia
• have access to Medicare
• access social security payments
• study in Australia
• be eligible for Australian citizenship

Prospective Marriage visa

A Prospective Marriage visa is a temporary visa. It will remain valid for 9 months from the date the visa is granted so that you can enter Australia and marry your partner (or fiancé). To be eligible for a Prospective Marriage visa, you must:

• be sponsored;
• be over 18 years of age, and
• genuinely intend to marry your spouse, and
• genuinely intend to live with your intended spouse as husband and wife

Temporary Partner visa (subclasses 309 and 820)

You must first apply for a temporary partner or de-facto visa and hold this visa for 2 years before you become eligible to apply for a permanent partner or de-facto visa. The visa is granted to partners sponsored by their Australian citizen or permanent resident partners.

The criteria for a partner or de-facto visa requires the applicant to show that:

• the couple have a mutual commitment to a shared life to the exclusion of all others; and
• the relationship between them is genuine and continuing; and they:
• live together; or do not live separately and apart on a permanent basis.”

The Department of Immigration will consider the following factors:

• financial aspects of the relationship
• nature of the household
• social aspects of the relationship, and
• nature of the persons’ commitment to each other

They must also:

• pay the applicable visa application charge, and
• meet character and health criteria.

De-facto partners must also have been in a de-facto relationship for at least 12 months before the date that they lodged the Partner visa application. This period may be shortened where the de facto relationship was registered under a law of a State or Territory prescribed in the Acts Interpretation (Registered Relationship) Regulations 2008. The relevant State Registry of Births, Deaths and Marriages can be contacted for the relevant registration form.

You should provide ‘certified copies’ of original documents with your application.

You and your close family relatives should provide statements or a Statutory Declaration Cth regarding the history of the relationship and have regard to the social and financial factors outlined above. The statements should be preferably from Australian citizens or permanent residents. They should complete a Form 888 found on the DIAC website. They should attach a copy of their Australian passport to the Form.

Documents in languages other than English should be accompanied by an English translation. You should use a translator accredited by the National Accreditation Authority for Translations and Interpreters (NAATI).  Their website is found at www.naati.com.au

Your Australian sponsoring partner may be requested to provide an Assurance of Support (AoS). An AOS is a commitment to provide financial support to a visa applicant so that they do not rely on any government social welfare benefits. It is also a legal commitment to repay the Australian Government should a person seek government assistance. An AOS is generally in force for 2 years.

Permanent Partner visa (subclasses 100 and 801)

After you have applied for a Temporary Partner visa (subclasses 309 and 820) you may be eligible for a Permanent Partner visa (subclasses 100 and 801).

The visa is granted to partners sponsored by their Australian citizen or permanent resident partners.

The criteria for a permanent partneror de-facto visa is similar to the criteria for a Temporary Partner visa (subclasses 309 and 820).

• the couple have a mutual commitment to a shared life to the exclusion of all others; and
• the relationship between them is genuine and continuing; and they:
• live together; or do not live separately and apart on a permanent basis.”