Top 10 Facts Of Australia Spouse Visa(in 2020)
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A dependent visa for Australia is as complicated as obtaining a Permanent Resident visa.
Just like other developed nations like Canada, USA, UK, etc., Australia immigration department is particular about the applicant's genuinity, who apply for under the dependent visa category.
The stringent policies stem from the misuse of this visa category.
To get the visa in time, you need to follow a few important steps by knowing every needful detail.
1. What is Australia’s Partner Visa?
The visa is issued for the spouse or the partner of an Australian permanent resident or citizen or an eligible citizen of Australia to live permanently in Australia.
You need to have legal documents which clearly state the relationship between you and your spouse.
2. What is the eligibility criteria to apply for this visa?
The conditions which can qualify you for Australia’s Spouse Visa are:
- You and your spouse need to have the commitment to live together.
- Need to have a valid relationship.
- You and your spouse must be living together, i.e., you are not living separately.
- You both have to be above 18 years of age.
- Need to possess good character and good health.
- Must have a partner living in Australia to sponsor you.
3. Who can be a sponsor for an Australian spouse visa?
- An Australian citizen over 18years.
- An Australia Permanent Resident, who can support the relative.
4. Who can all apply under Australia dependent visa for a spouse?
- Spouse: The marriage has to be legally valid in the country where it took place.
- De facto partner: A partner who lives for a year and above in marriage-like relationship.
5. Who is termed as a de facto partner?
- The de facto partner is termed if you and your partner:
- Are not legally married to each other.
- You have a true relationship and have the trust of continuing.
- You both are committed to sharing your life.
- You both live together.
- Families do not relate you both.
- The partner can be of same or different sex.
6. Which are visa categories of spouse visa Australia?
If the applicant is in a long term relationship, then the department of Australia may grant Partner Visa (Migrant).
Or in case the Australian authorities have doubts on the genuinity of the relationship, Partner visa (which is provisional or temporary visa) may also be granted.
7. What is the eligibility Criteria for spouse visa?
a. You need to meet the relationship requirement (a marriage or long-term relationship).
b. The sponsor should not hold any debts to the Australian Government.
c. The sponsor should have funds to meet the basic necessity of them and the applicants without depending on Governments benefits.
8. How much does a spouse visa cost?
The cost of the visa application depends on the visa types you choose and as well from where you have made the application lodged.
|Spouse or De facto Visa Application (Application lodged outside of Australia – SC 309/100)||Visa Application fee of main applicant - $7,715
Child accompanying over 18 years - $3,860 each
Child accompanying below 18 years - $1,935 each
|Prospective Spouse Application (Lodged Outside Australia-Sc300)||Visa Application fee of main applicant - $7,715
Child accompanying over 18 years - $3,860 each
Child accompanying below 18 years - $1,935 each
|Spouse Or Defacto Visa application (Lodged Inside Australia-Sc820/801)||Visa Application fee of main applicant - $7,715
Child accompanying over 18 years - $3,860 each
Child accompanying below 18 years - $1,935 each
|New Zealand Citizen Family Relationship Application(Sc461)||Visa Application fee of main applicant - $365
Child accompanying over 18 years - $185 each
Child 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.|
9. What proofs are needed to prove your relationship as genuine?
It is very important to prove your relationship as genuine to process your application. Few of such factors include:
Financial Aspects of your Relationship: You need to describe about your relationship so that the officials find it easier to understand your relationship.
While describing your relationship, it is essential for you to include:
- Where, how and when you both have met at first
- How the relationship between you both developed
- How you both managed to get married
- When you became engaged or married
- The activities or the joyful moments spent together
- The time period of your separation
- Memorable events in your relationship
- Your future plans
Your household status: Need to provide documents which indicate your financial responsibilities.
- Able to provide documents which show your joint ownership of property.
- Loan documents which help relate to your cars, homes, major appliances which are both in the names of you and your spouse.
- Details of joint accounts.
- Bills relating to your household activities.
Social Status of your relationship: You need to provide documents which make it clear that you and your partner share household responsibilities.
- You need to provide a statement illustrating the way you complete your housework.
- Should be able to provide household bills on your both names.
- The mails or emails which are addressed on your both names.
- Your combine responsibility for your children.
- Your living arrangements.
The commitment of you and your spouse: You have to provide documents which state that your relationship is valid and known by others.
- Invitations received on your joint names
- Document proofs which declare that you and your partner have declared your relationship to the government bodies and public institutions.
- Proofs which relate your joint sporting and social activities.
- Proofs relating joint travel.
- Need to provide documents which indicate you both are in a long-term relationship.
- Your personal and family backgrounds.
- Letters or emails and phone bills to indicate that you are in contact even after apart.
10. What is the 2-stage Spouse visa process?
If you are planning to apply for a spouse visa, then you need to follow a 2-stage process.
- You need to first apply for a Partner Visa (Temporary) and later,
- Apply for Partner Visa (Permanent)
Temporary Visa: If your application lodgment is done outside of Australia, then you need to get your temporary visa grant by staying outside of Australia.
Similarly, if you lodge your application in Australia, then you have to get the visa granted by living in Australia.
With the assured temporary visa, you are allowed to travel in and out of the country until you obtain the permanent resident visa. Also, you are even allowed to work in the country.
Permanent Visa: If your application process is lodged outside of Australia, you can get permanent resident visa granted either by living outside or inside of Australia.
If you have made your application lodged in Australia, then you have to get it granted by staying in Australia.
In many of the situations, the PR grant is not issued until you get two years completed from the application lodgment.
However, there are few specifications where you can obtain it earlier by not serving the usual two year period.
How to apply for a Partner Visa?
The step-by-step process which has to be followed while processing for a Partner visa is:
Step 1: Get your documents prepared
To start your application for the dependent visa, you have to be prepared in availing every document which enhances your immigration or visa process.
Step 2: Application Lodgment
You have to lodge an online application for the visa type. Once if you have made your application lodged, you need to then move for visa fee payment. This payment can be done by using any of the credit cards.
Step 3: Obtain decision from the DHA
After placing the application lodgment, it takes up several months for the DHA to make a decision upon your application.
Step 4: Wait and get Approval
Once you obtain the approval from the DHA, you can then receive your visa and start moving on accordingly.
What are the conditions for obtaining the visa grant by not serving two years?
It is not necessary for everyone to wait for the two years completion. You need to meet a few specific conditions to qualify for this.
- You and your partner need to be in a relationship for more than five years or more.
- You and your spouse or de facto partner are in a relationship for two years and have children.
- Your spouse has obtained the Australia PR status through the humanitarian program.
- If you or your family member has faced domestic violence.
- If your spouse is dead due to any reasons, then you can prove that you have got attached to the country.
- If you and your Australian spouse are having children below 18 years of age.
Which is the best spouse visa type to apply from outside Australia?
There are two types of spouse visa types. Choosing the right one will help you get your application processed faster.
However, for any of the visa type, you need to have your partner living in Australia either as a citizen or a permanent resident.
Partner (Provisional) Visa – Subclass 309 and Permanent Visa (Subclass 100): The subclass 309 and Subclass 100 are the visa types helping a spouse or a partner of an Australian permanent resident or citizen to migrate and live in Australia.
Firstly, the applicants have to get their visa approved on temporary Partner Provisional Visa (Subclass 309).
This helps them to live in the country. Then, the applicants can go ahead in getting permanent resident status with Subclass 100. Until the permanent residency is confirmed, applicants can live on a temporary visa.
How long does it take to obtain a spouse visa in Australia?
Predicting the processing time for your spouse visa depends on various factors. Below are a few factors which can cause delays in your application process:
- If you have not completed the application form with valid or needful required documents.
- If you fail to respond immediately for any information or details asked during your process.
- The time is taken to validate your provided information.
- Availability of seats in the PR visa application as per the migration laws in the program.
- The time is taken to obtain additional information from external bodies. This can include your health examinations, character, and security requirements.
According to the new application process held, we have prepared information to help you know the processing time:
|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|
What happens if my current visa is expired?
If the visa you are currently holding get expires before receiving your temporary partner visa, then you need to stay in Australia by obtaining a Bridging Visa A (BVA).
The BVA is a temporary visa allowing you to live in Australia if you have your current visa expires. Until you receive your application approved, it remains as a bridge for you.
There is no need for you to apply separately for the visa. The visa is automatically issued while you apply for the partner visa. Also, it gets started when your temporary visa ends.
However, you will have a few restrictions with the Bridge Visa A to move in and out of the country. If you think so, then you need to apply for Bridging Visa B (BVB). By obtaining both Bridging Visa A and Bridging Visa B, you will be allowed to:
- Study in Australia
- Work in Australia
- Get enrolled in Medicare and Australia’s healthcare schemes.
What things have to be taken care of before applying for a partner visa?
Before moving ahead for the application process of the partner visa, it is essential for you to know each everything of the visa and its process.
- The process can be longer: There is no constant processing time for the visa type. Usually, in many cases, the processing time varies from 23-31 months. This can be a pressure for most of the couples as for few cases, the application process got dragged even more.
- Proving a Relationship becomes hurdle on papers: Convincing family or friends or relatives that you are in a relationship may not be that difficult than proving a relationship on papers.
When you are before the Department of Immigration officials, you have to be very much evident in answering their questions related to the date you have met, how you convinced, etc.
Hence, while you present the application to the officials, you have to be much clear in stating your views precisely. The application must be easily understandable and also prove your relationship is true. Any incorrect information can put your relationship doubtful and make the application canceled.
- Partner visa has the highest rate of refusal: The visa category is mostly preferred among many skilled families. Also, it is the category having the highest rate of refusal. This is mainly because most of the applications fail to convince the officials.
The shreds of evidence provided to prove your relationship have to make the officials satisfied and understandable. Failing so can lead to refuse your visa.
What evidences can show your commitment to each other?
The documents which can act as evidence for your commitment for each other are:
- The documents, statements, and the answers you provide during the interview conducted by the department. You have to be good enough to state your partner’s details related to their family background, family status, etc.
- You have to make it clear that you both are very true in the relationship and seek the relationship to be continuing.
What are the forms you have to submit?
The process of partner visa is very much different from other visa processes. For this visa, you need to submit various forms such as:
- You have to submit a form named 47SP; it refers to Application for migration to Australia by a partner.
- Need to provide Form 40SP, which is called as Sponsorship for a partner to migrate to Australia.
- Form 956 named as Advice by a migration agent/exempt person providing assistance on immigration.
- If you aim to provide correspondence to someone else on your behalf, then you will have to fill a form named 956A, i.e., Appointment or Withdrawal of an authorized recipient.
What do you understand with Partner visa Subclass 820 and subclass 801?
The Subclass 820 visa type allows you to live in the country with a partner visa. You will be in need of getting sponsored by your partner and live for two years.
After that, if you wish to stay as a permanent resident in Australia, then you can go for subclass 801. The visa is commonly known as Partner Permanent Onshore. As the name states, you can apply for the subclass 820 visa while you reside in Australia.
What should be done if you plan to live outside of Australia with a partner visa?
If you are in a relationship with a permanent resident of Australia or citizen or an eligible citizen of New Zealand and plan to live outside of the country, then you have to obtain subclass 309 visa.
The visa assures you in receiving the Permanent Partner visa. It is commonly known as subclass 100 and means as Partner Migrant Visa.
There is no need for you to lodge separately for the visa subclass 309 and subclass 100. Though they are of the same process, the process has two different stages.
For the provisional visa subclass 309, you need to be living outside the country. While for the subclass 100, you can be either in or out of the country for applying for the visa.
What has to be done if you are engaged to a citizen of Australia and plan to live outside?
If you have got engaged to a citizen or permanent resident of Australia, or an eligible citizen of New Zealand, and plan to live outside, then you are in need of getting a subclass 300 visa.
While applying and obtaining a visa grant for this visa, you should be living outside of the country. Also, you need to be the opposite sex of your partner or fiancé.
Your fiancé or the partner must be able to sponsor you. While applying, you must prove that you both as adults and are ready to move ahead for your marriage visa.
You have to prove the clear intentions that you will be living with your spouse after you intend your marriage. Since the visa validity of for 9 months, you must be able to marry your spouse within this time-frame of visa grant.
What are the benefits of obtaining the Spouse Dependent Visa?
By obtaining the Spouse Dependent Visa, you can get many benefits associated with, such as:
- You can study, work, and live in Australia with permanent status.
- You will be eligible to apply for Australian citizenship.
- Capable of applying for Australian Citizenship.
- Eligible to receive social security payments.
- You can travel in and out of Australia (for five years).
What are the required applicant document checklists for a partner visa?
The need for documents is much essential for any process. Mainly, when you are planning for a partner visa, it is crucial to provide every valid detail.
Any mistake can lead your application to face problems.
The documents which are needful include:
- Identity Proofs to prove your identity, such as:
- A birth certificate which can show names of your parents
- Identification pages to show the names of your both parents.
- Court-issued documents to prove your identity.
- Identification from a census report.
- Photocopy of your passport representing your photo, personal details, expiry dates.
- Nationality Proof.
- Documents relating to your change of name (if applicable).
- If you have got married/ divorced/ widowed/separated before, then you need to support your present relationship by providing valid documents.
- Proofs illustrating your true relationship.
- Marriage certificates, etc.
- Need to deliver documents for stating your good health. You have to get your health assessed by a doctor and provide the documents.
- Need to complete the Form 80.
- Should provide character certificates.
- If you have served for military, then you should be able to provide your service records.
What are the required sponsor document checklists for a Partner visa?
The application referring as a sponsor for a partner visa can be started after your spouse makes the visa application lodged.
Once the lodgment is done, you can start lodging the sponsorship form with your spouse’s Transaction Reference Number (TRN)/ application ID.
- Identity Documents:
- Need to provide documents which state your sponsor is an Australian citizen or permanent resident or eligible citizen from New Zealand.
- Also, it is essential to provide information that they are living in Australia.
- Character Documents:
- Need to get your character assessed and provide a valid police clearance certificate.
- If you have been worked in the military, then you need to provide your service details.
- If sponsoring on behalf of your child, then you need to provide:
- Documents which prove the marriage of your child and applicant as valid.
- Need to provide proofs which relate you as a guardian to the child.
Can we apply for dependent child visa with a temporary partner visa?
Probably, yes, the dependent children visa can be applied if the parent has received a temporary partner visa. The Dependent child visa is popularly termed as Subclass 445.
It is a temporary visa allowing a child to travel to Australia. The child can move to and fro from the country until the parents of the child obtain the permanent residence.
What are the essential things needed for applying for a Dependent child visa?
The most important need for a child to be an applicant is to have a parent who is holding either a temporary partner visa or a dependent visa.
The process is mainly initiated by a parent on behalf of the child. However, to become a valid visa applicant for the visa type, the child has to meet the below needs:
- The child has to be a biological child, adopted child, or step-child for the parent.
- The person sponsoring the parent has to be the same to sponsor the child.
- Should be able to meet the required standards of health and character.
- The child must be below 18 years of age and must be single, i.e., should not be married or engaged or in a relationship.
- There are few exceptions for a child above 18 years to get accepted, such as they have to be financially dependent on the parent who is holding a temporary visa or else, of the child is physically or mentally unfit.
What are the required dependents document checklists?
If you are planning to move with dependent child of below 18 years, then you need to provide the below documents such as:
- Your identification documents.
- Documents related to your character (certificates).
- If the right upon the child is depended on any other person, then need to get a consent form obtained from them.
- If the child is between the ages of 16 -17, then it is needful to have Form 80 completed. The form includes Personal particulars for assessment, including character assessment.
- If the child is adopted, then you need to provide documents issued by the court.
Can we apply for a partner visa while staying on Australia tourist` visa?
Yes, it is possible for obtaining a partner visa while staying on a visit visa. However, you need to have a valid visa before you step-ahead for the partner visa. Similar to that of every visa process, there are even a few obligations under this visa.
When you are first applying for the visit visa, you should not declare your intention of partner visa.
If you are processing your visa on visit purpose, then you need to prove that you are here only for exploring Australia and do not have any intention to work or settle. If you fail to provide the right intention, the officials have the complete right to reject your visa.
What are the tips for applying for Australia Partner Visa?
The process which is followed for the partner visa involves many steps and stages. There are a lot of requirements to get fulfilled.
Hence, it is always suggested to get assistance from reputed immigration lawyer or consultants so that you can get quick assistance for your Australian immigration process.
Below are few tips shared by our expert immigration agents for your reference.
- Get your visa process started earlier under the guidance of experts consultants.
- Gather all required identity documents, certified copies in order to reduce the time-lines.
- Perform and get your police checks done earlier.
- Be prepared and provide every detail of your family members.
- Get photocopies so that there will not be any delays if any official ask to submit.
- Provide statements of your domestic duties and financial arrangements.
- Know every detail of the visa detail and be prepared to make the payments when required.
- If any doubts arise during any of the stages, it is always suggested to contact an expert to get assistance.
For Assistance and Guidance, You can contact Immigration Consultants
Obtaining help from immigration agents will be a good step for any visa process. If you are thinking to start your Australia immigration process from India, then it is very efficient to choose services from a reliable consultant.
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