Top 10 Facts Of Australia Spouse Visa(in 2020)
Every year, more than 178,582 foreigners migrate to Australia! If you want to settle in Australia with your spouse, this article will help you understand what you really need to know.
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Take your spouse along to experience the fun and comfort of being in Australia. Whether it's the sunny beaches or the delicious food options, Australia is one of the most sought-after destinations to migrate to.
Let this article take you through the main aspects of the ‘Australian Spouse Visa.’
Top 10 Facts to Consider
1. What is Australia's Partner Visa?
Australia’s Partner Visa is a visa that helps your spouse (husband or wife) or your partner (fiance, in a committed relationship) immigrate to Australia.
There are 2 types of Australian Partner Visas:
|Temporary Partner Visa||Permanent Partner Visa|
|Eligibility: This is for married partners or prospective partners(fiance or in a long term same-sex or opposite sex relationship)||Eligibility: This is for married partners or prospective partners(fiance or in a long term same-sex or opposite sex relationship)|
|Process Time: Takes 20-25 months to process.||Process Time: 5 months approx after the Temporary Partner Visa has been processed. Overall, it takes about 13-25 months.|
|Cost: AUD 7,715||Cost: The payment is included while applying for a Temporary Partner Visa.|
|Type of visa: This is a temporary visa. This visa is required to get the Permanent Partner Visa.||Type of visa: This is a permanent visa.|
Just like other developed nations like Canada, USA, UK, etc., The Australian Immigration Department is also very particular about an applicant's authenticity.
You need to have legal documents that clearly state the relationship between you and your spouse.
2. What are the different types of Australia Spouse?
|Visa Type||How to apply||Basis to apply|
|Partner Provisional Visa||Prove a genuine relationship with your partner.
This partner can be a de facto partner.
This Visa leads to Permanent Partner Visa.
|Applicant must be outside Australia while applying.|
|Work Visa for Spouse||You need to apply for the Temporary Visa and the Permanent Visa.
Both the Visas allow you to work in Australia.
|For the temporary Visa: you need to be outside Australia while applying
For the Permanent Visa: You need to be inside Australia while applying
|Student Visa for Spouse||Your partner needs to mention you in their visa application as a ‘Student Spouse’.
Our experts can help you in understanding this better.
|Partner can be either in Australia or outside Australia.
Depending on which Visa they are applying for: Temporary or Permanent
3. What documents should I provide as evidence of identity and marital status?
The following documents are required as evidence of identity and marital status:
For Your Household
For Social Matters
To Prove Commitment
To prove De facto Commitment
4. How do you apply for a Spouse 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: Lodge your visa application
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.
5. 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|
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.
6. How much does a Spouse Visa cost?
Here's a breakdown of the costs:
Spouse or De facto Visa Application (Application lodged outside of Australia – SC 309/100)
Prospective Spouse Application (Lodged Outside Australia-Sc300)
Spouse Or De Facto Visa application (Lodged Inside Australia-Sc820/801)
New Zealand Citizen Family Relationship Application(Sc461)
Approximately $350 per adult and $300 per child
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.
7. 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).
8. What are the requirements for a Spouse Visa in Australia?
The requirement for a Spouse Visa in Australia may depend on various factors.
Please find them below:
|Temporary Partner Visa||Permanent Partner Visa|
Eligibility: This is for married partners or prospective partners(fiance or in a long term same-sex or opposite-sex relationship)
Eligibility: This is for married partners or prospective partners(fiance or in a long term same-sex or opposite-sex relationship)
Process Time: Takes 20-25 months to process.
Process Time: 5 months approx after the Temporary Partner Visa has been processed. Overall, it takes about 13-25 months.
Cost: AUD 7,715
Cost: The payment is included while applying for a Temporary Partner Visa.
This is a temporary visa.
This visa is required to get the Permanent Partner Visa.
This is a permanent visa.
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 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 combined 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. Which is the right spouse visa category to apply from outside Australia?
If you are legally married, your partner can apply for Offshore Partner Visa or the Temporary Partner Visa. And If you are a fiance, or have a long term relationship, you can apply for a Prospective Marriage Visa.
Learn more about the types of Visa Categories for your partner:
There are 3 categories of Spouse Visas in Australia:
- Prospective Marriage Visa (subclass 300)
- Onshore Partner Visa (subclasses 820/801)
- Offshore Partner Visa (subclasses 309/100)
Prospective Marriage Visa (subclass 300): This visa is also known as the finance visa. The Prospective Marriage Visa needs to be applied from outside Australia.If your partner applies for this visa, he/she needs to get legally married to you within 9 months of staying in Australia.
Onshore Partner Visa (subclasses 820/801): As the name suggests, Onshore Partner Visa is a visa that needs to be applied for in Australia itself. Which means that the applicant needs to be physically present in Australia to apply for this visa. A temporary Partner Visa is required to apply for this Visa.
Offshore Partner Visa (subclasses 309/100): As the name suggests, Offshore Partner Visa is a visa that needs to be applied for from outside Australia. Once you get this Visa, your partner and you can enter Australia with a Temporary Offshore Partner Visa.
Commonly asked questions
Who is termed as a de facto partner?
Your partner is a de facto partner if:
- You both 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 to you both.
- The partner can be of same or different sex.
What are the special conditions for obtaining the Spouse Visa without 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 5 years or more.
- You and your spouse or de facto partner need to be in a relationship for 2 years or more and have children.
- Your spouse needs to have the Australia PR status.
Can you work on a Spouse Visa in Australia?
Yes, both the Temporary and the Permanent Partner Visa allow you to work in Australia.
What are the essential things needed for applying for a Dependant 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 child has to be the same person sponsoring the partner parent.
- 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.
There are few exceptions for a child above 18 years to get accepted:
- They have to be financially dependent on the parent who is holding a temporary visa, or
- If the child is physically or mentally unfit.
Who can be a sponsor for an Australian spouse visa?
- An Australian citizen over 18 years of age
- An Australia Permanent Resident, who can support the relative.
Who can apply under an Australia Dependant visa of a spouse?
- Spouse: The marriage has to be legally valid in the country where it took place, or
- de facto partner: A partner who lives for a year and above in a marriage-like relationship.
What happens if my current visa expires?
If the visa you are currently holding expires before receiving your temporary partner visa, then you need to stay in Australia by obtaining a Bridging Visa A (BVA).
The BVA (Bridging Visa A) is a temporary visa allowing you to live in Australia if 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 Bridging 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, you need to know each and everything of the visa and its process.
- The process can be longer: There is no exact 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.
- Proving a Relationship becomes a hurdle on papers: When you are before the Department of Immigration officials, you have to be very accurate in answering their questions related to the date you have met, since how long you are together, etc.
- Partner visa has the highest rate of refusal: This visa category is mostly preferred by 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 satisfy the officials. Failing which, your application can be refused.
What evidence can you show of your commitment to each other?
- The documents, statements, and the answers you provide during the interview conducted by the department. You have to be ready to state your partner’s details related to their family background, family status, etc.
- You have to make it clear via your communication that you both are in a very true and long-term relationship.
What are the forms you have to submit?
The process of a 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: Application for migration to Australia by a partner.
- Need to provide Form 40SP: Sponsorship for a partner to migrate to Australia.
- You have to submit Form 956: This is called ‘Advice by a migration agent/exempt person of providing immigration assistance’.
- If you aim to provide correspondence to someone else on your behalf, then you will have to fill a form named 956A: This is called the '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. With this visa, you will need to get sponsored by your partner and live in Australia for two years.
- After that, if you wish to stay as a permanent resident in Australia, then you can apply 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 are in Australia.
What should be done if you plan to live outside of Australia with a partner visa?
If you plan to live outside of Australia with a partner visa you should obtain the subclass 309 visa(Provisional Visa).
- Your partner must be a permanent resident of Australia. Or,
- Your partner must an eligible citizen of New Zealand
Please remember that:
- The subclass 309 Visa assures you in receiving the Permanent Partner Visa.
- For the provisional visa subclass 309, you need to be living outside the country.
- If you are a de facto partner, then you can apply for the subclass 100 Visa.
- For the subclass 100 Visa, you can be either inside or outside 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 need to apply for a Prospective Marriage 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 are above 18 years of age 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 is 9 months, you must be able to marry your spouse within this time-frame of visa grant.
What are the required sponsor documents for a Partner visa?
- 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.
- Need to get your character assessed and provide a valid police clearance certificate.
- If you have been working 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.
The application referring as a sponsor for a partner visa can be started after your spouse lodges the visa application.
Once the lodgment is done, you can start lodging the sponsorship form with your spouse’s Transaction Reference Number (TRN)/ application ID.
Can we apply for a dependent child visa with a temporary partner visa?
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.
Can we apply for a partner visa while staying on an Australian 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 go ahead with 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.
Few Facts about Australia Spouse Visa
- FACT 1: Australia Spouse Visa is applicable for both Married and Unmarried Spouses.
- FACT 2: The legal name for Australia Spouse Visa is Australia Partner Visa.
- FACT 3: The average processing time for the Temporary and Permanent Partner Visa is 20-25 months.
- FACT 4: The Australia Spouse Visa sees no gender. It can be for the same sex partners or the opposite Sex Partners.
- FACT 5: To be eligible to apply for the Australia Partner Visa, you need to prove your marriage or long-term relationship.
- FACT 6: The Australian Spouse Visa costs AUD 7,715
- FACT 7: A ‘de facto partner’ is a term you will always find in Australia Spouse Visa queries. It basically means a partner who is in a long term relationship with you( a fiance or a long term partner).
- FACT 8: If your Spouse Visa expires, you can get a BVA Visa which will save you some time while renewing your Spouse Visa.
- FACT 9: You can get your Visa sooner than 25 months, if you meet certain criterias of urgency.
- FACT 10: You can take your children along if you (the parent) have the Temporary Partner Visa.
Here are some important things to consider about the Australian Spouse Visa:
- 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.
Getting help from immigration agents will be a good step for any visa process. If you are thinking of starting your Australia immigration process from India, then it is a good option to choose services from a reliable consultant.
Kansas Overseas Careers is the best Immigration Consultant with many years of experience in helping people move to their desired overseas destination. We are experts in Australia Immigration for the Spouse Visa as well. Our well-trained and experienced visa agents can correct our clients with a 97% success rate.
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