Partner or Spouse Visa Australia – Eligibility Requirements, Cost and How to Apply
Have you met the love of your life and they happen to be an Australian citizen or permanent resident? Congratulations! But what if you don’t want to be separated by distance? An Australian spouse visa might be the answer. This visa allows your spouse or de facto partner (think fiancé or long-term committed partner) to live permanently in Australia with you.
It’s important to know that the process can be intricate and takes time. This blog is here to guide you through everything you need to know. We’ll explore the eligibility requirements, application costs, and the step-by-step process to applying for a spouse visa in Australia.
What is an Australia spouse visa?
Dreaming of living Down Under with your loved one? An Australia Spouse Visa, also known as a Partner Visa, could be your ticket to paradise. This visa is designed for spouses or de facto partners (long-term committed partners) of Australian citizens, permanent residents, or eligible New Zealand citizens. It’s a two-step process: first, you apply for a temporary visa that allows you to join your partner in Australia. Once you’ve established your relationship there, you can apply for a permanent visa to stay for good.
Eligibility Requirements for a Spouse Visa in Australia
So you’ve met your soulmate, and they happen to be an Australian citizen or permanent resident! Congratulations! Now, you’re wondering how you can join them down under. The Spouse Visa (also known as a Partner Visa) is your ticket to living together in Australia. But before you pack your bags, let’s go over the key things you’ll need to qualify:
- Genuine and Long-Term Relationship: This is the big one! Australia wants to make sure your love story is the real deal. You’ll need to show evidence of a committed relationship that’s lasted at least 12 months.
- Living Together: Sharing a home (and presumably, more than just pizza boxes!) is a must. Be prepared to show proof of your permanent cohabitation.
- Health and Character Checks: You’ll both need to pass health checks to ensure you’re in good condition. Additionally, a clean criminal record is essential.
How long does it take to obtain a Spouse Visa in Australia?
Visa Type | Processing time of 75% applications | Processing time of 90% applications |
309- Provisional Visa | 11 months | 15 months |
100- Permanent Visa | 20 months | 23 months |
How much does a Spouse Visa for Australia cost?
Australia spouse visa fees from India: Approximately INR 4,20,857
Visa Type | Details |
Spouse or De-facto Visa Application (Application lodged outside of Australia – SC 309/100) | Visa Application fee of main applicant – $7,715Child accompanying over 18 years – $3,860 eachChild accompanying below 18 years – $1,935 each |
Prospective Spouse Application (Lodged Outside Australia-Sc300) | Visa Application fee of main applicant – $7,715Child accompanying over 18 years – $3,860 eachChild accompanying below 18 years – $1,935 each |
Spouse Or De Facto Visa application (Lodged Inside Australia-Sc820/801) | Visa Application fee of main applicant – $7,715Child accompanying over 18 years – $3,860 eachChild accompanying below 18 years – $1,935 each |
Eligible New Zealand Citizen Family Relationship Application (Sc461) | Visa Application fee of main applicant – $365Child accompanying over 18 years – $185 eachChild accompanying below 18 years – $90 each |
Medical Examination | Approximately $350 per adult and $300 per child |
Police Checks | The fee for this depends on the police authorities in your country. |
Transition of Documents | This is considered if you have concerned any person for translating your documents or certificates. |
How to Apply for a Spouse Visa from India
So you’ve met your special someone and they’re an Aussie! Congratulations! Now comes the exciting (and sometimes overwhelming) part – applying for your spouse visa to live in Australia together. Here’s a quick breakdown of the process to get you started:
- Gather your documents: This is the first step, and it’s important to be thorough. You’ll need things like your passport, marriage certificate, and police certificates. The Australian government website has a full list of required documents [reference Australian government spouse visa document checklist].
- Lodge your online application: Once you have your documents in order, it’s time to fill out the online application form. This can be done on the website of the Department of Home Affairs (DHA) [reference Australian government DHA website]. Be sure to pay the visa application fees online as well.
- Wait for the DHA decision: After submitting your application, it’s time to be patient. The DHA can take several months to process your application and make a decision.
- Get approved and move to Oz!: If your application is successful, you’ll receive your visa and be one step closer to starting your life together in Australia!
Important Note: Spouse visas can take a year or even longer to be processed. To avoid any delays, it’s best to start your application as early as possible.
This is just a quick overview. For a more detailed breakdown and personalized advice, consider getting in touch with a registered migration agent who can guide you through the entire process.
Partner Visa for Australia Options: Finding Your Perfect Match
Thinking about joining your loved one Down Under? Australia offers a few Partner Visa options to suit your situation. Let’s break down the three main pathways:
1. Onshore Partner Visa (Subclass 820 & 801): Already in Australia
This two-step visa is for folks already in Australia who are married or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealander. Here’s the gist:
- Temporary Partner Visa (Subclass 820): This bridges the gap while you apply for the permanent visa.
- Permanent Partner Visa (Subclass 801): This is the end goal, allowing you to live and work in Australia permanently.
De facto relationships (basically, living together like a married couple) need proof of being together for at least 12 months. You can register your relationship officially to waive this requirement.
Genuine Relationship Requirement: This applies to everyone, married or de facto. Basically, you gotta show it’s the real deal! Gather documents that prove your ongoing, committed relationship.
2. Offshore Partner Visa (Subclass 309 & 100): Applying from Outside Australia
This two-step visa is similar to the onshore option, but for couples outside Australia. The requirements for de facto couples and the genuine relationship proof are the same.
3. Prospective Marriage Visa (Subclass 300): The “Marriage/Fiancé Visa”
This visa lets you travel to Australia to marry your fiancé(e). You have nine months to tie the knot (in or outside Australia) after getting the visa.
Once married, you’ll need to apply for the Partner Visa (Subclass 820 & 801) within nine months of arriving in Australia, and you’ll get a discount on the application fee!
Remember, this is just a starting point. For more info and the latest details, check the official Australian immigration website.
How Does The Partner Visa Work In Australia?
Let’s break down how the Partner Visa works in Australia:
Who can qualify?
- Your partner: Must be an Australian citizen, permanent resident or eligible New Zealand citizen. There might be exceptions if they sponsored someone else recently.
- Your relationship: You must be married, engaged, in a registered relationship, or in a de facto relationship.
De facto relationship explained: This is a relationship where you and your partner live together like a married couple but aren’t officially married. The general guideline is that you’ve been living together for at least 12 months.
The Visa Stages:
The Partner Visa is a two-stage process:
- Temporary Visa (Subclass 820): This allows you to come to Australia or stay if you’re already there. It’s valid until a decision is made on your permanent visa.
- Permanent Visa (Subclass 801): This grants you permanent residency in Australia.
Here’s a closer look at how it works depending on your situation:
1. Married and Applying in Australia:
- Your current visa must allow applying for a partner visa onshore.
- Your marriage must be valid under Australian law.
- Prove a genuine and committed relationship with your spouse.
- Ideally, you should be living together (temporary separations are okay).
What happens next?
If everything checks out, you’ll get a Provisional Partner Visa to stay in Australia while your permanent visa is being processed. Two years later, you can apply for the permanent residency stage, as long as your relationship is still going strong.
2. Getting Married Offshore (Prospective Marriage Visa):
- You must be able to marry under Australian law and be outside Australia when applying.
- Your fiancé must be an Australian citizen, permanent resident or eligible New Zealand citizen.
- Show a genuine relationship and that you intend to marry within nine months of getting the visa.
- Prove you’ve met your fiancé in person and have a confirmed wedding date.
What happens next?
Once approved, you’ll get a Prospective Marriage Visa to come to Australia and get married within nine months. After marrying, you can apply for an onshore partner visa (Subclass 820/801). The process then follows the steps mentioned in situation 1.
3. In a De Facto Relationship for 12 Months or More (Applying Onshore):
- Your current visa must allow applying for a partner visa onshore.
- You and your partner must have lived together for the past 12 months.
- Demonstrate a committed relationship, with any separations being temporary.
What happens next?
Similar to the married case (applying onshore), you’ll receive a Provisional Partner Visa while your permanent visa is being assessed. After two years, you can apply for permanent residency if your relationship is ongoing.
4. In a De Facto Relationship for Less Than 12 Months:
- You can still apply even if you haven’t lived together for a full year.
- An exception can be made if your relationship is registered in a relevant state or territory. (Not applicable in Western Australia and Northern Territory).
- Prove a genuine relationship through evidence like shared finances, being recognized as a couple, and the nature of your household.
- Ideally, you should be living together or show a strong intention to do so.
What happens next?
The process follows the same structure as the previous situations. You’ll get a Provisional Partner Visa while your permanent visa is assessed. After two years, you can apply for permanent residency if your relationship is strong.
Cost and Application Process
The Partner Visa application fees can vary depending on your situation. It’s wise to check the official Australian immigration website (https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore) for the latest information. The website also guides you through the application process in detail.
Important Note:
This blog is intended for general information purposes only and shouldn’t be taken as professional advice. It’s always recommended to consult with a migration agent or lawyer specializing in Australian immigration matters for personalized guidance.
Things to Consider Before Applying for a Partner Visa in Australia
So, you’ve met the love of your life, and they happen to be an Australian citizen or permanent resident. Congratulations! Now, you’re probably wondering about how to join them in Australia. The answer: a Partner Visa. But before you dive into the application process, there are a few important things to keep in mind.
1. The Application Process Can Be Stressful
Gathering documents, filling out forms, and dealing with government fees can put a strain on any relationship. Talk openly with your partner about the process and how you’ll handle any challenges together. Getting the application right the first time is crucial to avoid delays and longer periods apart.
2. Proving Your Relationship on Paper Is Key
Being in love is easy, but convincing the Australian government of your rock-solid relationship takes some effort. There’s a difference between being boyfriend/girlfriend and a de facto partner (basically, a couple living together in a committed relationship).
Think about how your relationship translates to paper. Can you recall the exact date you met? Do you have shared bills, photos, or travel documents? What if your families aren’t on board, or some friends have doubts? The Department of Immigration will consider these things when assessing your application.
3. Partner Visas: Popular But Scrutinized
Partner visas are the most common visa application in Australia, but that also means they have a higher refusal rate. The high application fee adds to the pressure. To avoid rejection, it’s essential to be fully prepared and submit the strongest possible application.
Remember, the real test isn’t how strong your love is, but how well you can convince the Department of Immigration through evidence. They may even perform background checks to verify your information. While they might ask for clarifications on inconsistencies, there’s no guarantee. A poorly prepared application, even with seemingly minor issues (like not disclosing a past conviction), could lead to refusal.
By understanding these challenges upfront, you and your partner can approach the application process with a clear head and a well-prepared plan. This will increase your chances of a smooth journey towards a life together in Australia.
Conclusion
- Getting a Spouse Visa can take time and effort, but being with your loved one makes it all worthwhile.
- Carefully review the eligibility requirements to ensure you meet them before applying.
- Factor in the visa application costs and any additional fees when planning your budget.
- The Australian government website is a valuable resource with all the official information and application steps.
- Consider seeking professional advice from a migration agent if you need further guidance.
Remember, this is just a starting point. It’s always best to refer to the official Australian government website for the most up-to-date information. With careful planning and preparation, you can be well on your way to reuniting with your love in Australia!
Frequently Asked Questions about Partner Visa in Australia:
What are the requirements for a partner visa in Australia?
The main thing is to show a genuine and lasting relationship with your Australian partner (married or de facto). There are also general requirements like age, character, and health checks.
How long does a partner visa last?
A Partner Visa can lead to permanent residency in Australia.
Can my partner come to Australia on my visa?
No, you’ll need to apply for a separate visa for your partner.
Can I work in Australia with a partner visa?
Yes, most Partner Visas allow you to work in Australia.
What are the 4 pillars of a partner visa (not mentioned in the blog post)
There’s no mention of “4 pillars” in the application process, but a genuine relationship is crucial.
How much money do I need for a partner visa application?
Expect around AUD $8,850 for the application, plus health checks and police certificates.
How long does a partner visa take?
Processing times vary, but it can take some time.
How do I prove my relationship for a visa?
Provide evidence like photos, shared bills, and documents showing you live together.
Do you need IELTS for a partner visa?
IELTS may not be mandatory, but English language skills might be helpful.
Who is eligible for a spouse visa?
Anyone in a legal marriage with an Australian citizen/resident can apply.
Can I move to Australia if I marry an Australian?
Marrying an Australian makes you eligible to apply for a Partner Visa.
Is it better to apply for a partner visa in or outside Australia?
The blog recommends checking the official website for the latest guidance.
What is the difference between a spouse visa and a partner visa?
In Australia, “spouse visa” and “partner visa” are generally used interchangeably.
How many times can you apply for a partner visa in Australia?
There’s no limit on applications, but meeting the requirements is crucial each time.