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Student Spouse Visa Australia for Your Loved Ones

It could be distressing to leave your loved ones behind when you are studying abroad. Fortunately, you can add your loved ones as a secondary applicant on your student visa if you are an Indian student looking forward to studying in Australia. Your spouse can now apply for an Australian Student Spouse Visa.

What is an Australia Student Spouse Visa?

A student visa for Australia allows you to bring along close family members as dependents on your student visa. It is defined as follows –

  • A partner or spouse who has been living with you for at least 12 months.
  • Your partners’ or your children under 18 and/or who are still in continuous education studying A-levels.
  • The dependent partner can work up to 40 hours per fortnight if the student is studying for a bachelor’s degree.
  • The partner will have full and unlimited work rights if the student is studying for coursework, research, or a masters’ degree.

Please note that the work rights of the dependent family visa member will depend upon the course of study of the student.

Basic Requirements to Apply for Spouse Visa to Australia

Indians can fill the application form for spouse visas only if they are able to meet the 7 requirements mentioned below.

  • Both partners or spouses are 18 years of age or above.
  • The applicant is either a de facto partner or spouse or future husband/wife of an Australian Permanent Residency Student Visa holder, or Australian citizen, or an eligible New Zealand citizen.
  • The spouse must sponsor you for at least 2 years.
  • Your marriage must be recognized as valid under Australian law. This should also be over 12 months at the minimum.
  • Your relationship should be at least 12 months old if you are in a de facto relationship.
  • It is required that both of you prove that the relationship is genuine and committed.
  • It is also essential that both of you meet the health, health insurance, and character parameters.

It is possible during the interview that you may be asked to prove the genuineness of the relationship. Joint bank account statements, photographs, and joint investments and the like may be provided as proof.

Applying for Student Spouse Visa Australia

Yes, adding a partner or spouse to your student spouse visa Australia is possible. You can add a de facto partner or spouse as a secondary applicant if you are currently a student visa holder.

  • Your de facto partner or spouse can be inside or outside Australia at the time of applying for the visa.
  • Your de facto partner or spouse will be granted the same work rights as you have on your student visa.
  • The student spouse visa condition will also expire on the same date as your student visa.

Although adding your partner or spouse is a relatively straightforward process, you will not be able to do so if you had initially not disclosed your partner or spouse on the original student visa application.

If this is the case, you would require professional advice to overcome this situation.

Adding a De Facto, Partner or Spouse to Your Student Visa

Under subclass 500, you can add a partner or spouse to include as dependent members (secondary applicant) if you are currently an Australian student visa holder.

Criteria for adding a De Facto, Partner, or Spouse to your student visa should fall under any one of the following.

  • You are married.
  • You should be able to show that the de facto relationship with the partner has been there for at least 12 months.
  • You should show that you are living with your partner and are willing to register the relationship in the State or Territory Government Relationship Register.

Eligibility Criteria for the Australia Student Spouse Visa

Spouse visas can also be applied by a de facto partner, spouse of an Australian Permanent Resident, or an Australian citizen. The application for spouse visa however needs to be sponsored by the Australian resident spouse or the de facto partner for a minimum period of 2 years.

Visa Subclasses of the Spouse Visa/Partner Visa

You can apply in visa subclasses (i) 820, (ii) 801, (iii) 309, and (iv) 100 for a spouse visa or partner visa.

  • Spouse Visa under Visa Subclass 820 – This is a temporary visa that allows you to move to Australia for working and living there. An Extended Eligibility Temporary Visa will be given to you. You are entitled to apply for Permanent Partner Visa under subclass 801 after assessment of eligibility. You are however required to be in Australia at the time of application.
  • Spouse Visa under Visa Subclass 309 – This is a temporary visa that allows you to be eligible for Permanent Partner Visa under subclass 100 after 2 years if you are still in a genuine relationship with your partner/spouse. However, you should be outside Australia while applying and receiving a temporary spouse visa under subclass 309, but you can either be inside or outside Australia while receiving Permanent Partner Visa under subclass 100.

Partner Visas Under Subclasses 820, 801, 309 & 100

Temporary Partner Visa under Subclasses 820 & 309 – Through this visa, you can stay, study, and work in Australia until your Permanent Partner Visa is decided upon. While you can avail of healthcare facilities, government funding for your studies in Australia will not be available. You can however include dependent children in Australia in your partner visa application.

Permanent Partner Visa under Subclasses 801 & 100 – You will be able to do the following with this type of visa.

  • Permanently study, work permit and live in Australia
  • Sponsor relatives for Australia PR
  • Receive social security payments
  • Apply for Australian citizenship
  • Travel in and out of Australia for 5 years after which you would need a fresh visa for entering Australia.

What Do These Australian Visas Mean to You?

Do not worry and get confused with these subclasses. Kansas Overseas and immigration lawyers can help you understand what every subclass entails and opt for the one that suits you best.

Exceptions to Permanent Partner Visa

Normally, Permanent Visa is not given to a spouse not living in Australia for at least 2 years, but there are exceptions to the rule. Consider if you meet the following –

  • You are married or in a de facto relationship with the spouse or partner for at least 3 years or more at the time of application.
  • You are in a de facto relationship or marriage for at least 2 years and are having children from the relationship.
  • The spouse is having Australia Permanent Residency under the humanitarian program.
  • The spouse has been issued a protection visa and you are in a relationship/marriage to your spouse before Australian visa issuance and have similarly declared to the Australian immigration office.
  • In case either you are your family member is inflicted with domestic violence.
  • In case you can prove to have close personal, cultural, and business bonds with Australia.

Financial Requirements for Student Spouse Visa Australia

Entrant applicants for a student visa should have sufficient funds or support for covering living costs and expenses for the duration of their intended stay in Australia.

These funds should also be accessible and available to financially support the main applicant and his/her family members in Australia.

Documentation with Application for Student Spouse Visa

This is to ensure that your application is quickly processed. The following mentioned documents should accompany your Student Spouse Visa application.

  • Courses completed by your nominator in Australia
  • Nominator’s current enrolment in Australia
  • Nominator’s current attendance record
  • Copy of all pages of the passport of the applicant duly notarised
  • Overseas Student Health Cover
  • Evidence of a genuine ongoing relationship between the applicant and the nominator
  • Divorce certificate if married and divorced previously

Procedure for Applying to Australia Student Spouse Visa

Here is a list of the procedure you will have to undertake for obtaining an Australia Student Spouse Visa.

  • Filling up the nomination Form 919 is the first step to apply.
  • Make a checklist and gather the required documents that are required to be submitted along with the application form.
  • Complete the nomination form along with the required documents and send it to your dependent overseas.
  • The dependent must fill the Form 157A for obtaining the Australian Student Dependent Visa option.
  • The dependent must submit Form 157A and Form 919 along with the requisite documents to the nearest Australian mission or consulate.
  • Pay the required fee applicable for obtaining the Australian dependent student visa option at the time of submitting.
  • Collect the dependent visa on time.

Cost for Applying to Australia Student Spouse Visa

Credit cards that are accepted for payment are VISA, MasterCard, and American Express. You may incur banking and currency conversion fees when paying in Australian dollars.

  • Student Visa – INR 28,300 Application Fee
  • Spouse – INR 21,300 Application Fee
  • Child – INR 7,100 Application Fee
  • Student Dependent Visa – INR 28,600 Application Fee
  • Spouse Dependent – INR 3,53,400 Application Fee
  • Visitor Visa – INR 7,100 Application Fee

Minor applicants are required to provide evidence of schooling arrangements and confirmation of enrolment in a school.

Form 1229 is required to be signed by both parents along with documents to verify signatures for an Australian dependent student visa.

Processing Time for Australia Student Spouse Visa

The processing time for Student Spouse Visa Australia will depend upon several factors including the ones mentioned below –

  • Have you provided all the necessary documents while submitting the application form?
  • Have you timely responded to requests for additional information?
  • Amount of time taken to complete the required checks on the information provided in support of the application.
  • Amount of time taken in relation to verifying health insurance, character, and national security from areas outside the department.
  • The number of places available in the Migration Program.
  • The decision to grant or refuse visa application based upon the information and documents provided by the visa applicant.

Apply well in advance of the intended travel date but do not make any travel arrangements until you have obtained the visa.

The Visa Processing Office will communicate through email if you have included an email address on your visa application.

Why Kansas Overseas is the Best Consultant for Australia Student Spouse Visa?

Kansas Overseas is a one-stop solution for students willing to travel to Australia. We provide students with immigration services like eligibility assessment, application processing, and visa processing. We’ll help you get through the entire Australian Student Spouse Visa process to obtaining a permanent residence permit.

Best Visa & Immigration Consultants for Australia – We are one of the top and most reliable immigration consultancy firm based out of Hyderabad.

  • Hundreds of clients have obtained PR Visa through us and are happily settled in Australia.
  • We provide end-to-end service from assessing your expression of interest till granting of a visa.
  • We are having a very high success rate when compared to others.
  • The reason for our success is our transparency, efficiency, cost-effectiveness, and client satisfaction.

As renowned Australia visa immigration consultants, we have helped thousands of people realize their dreams of migrating to developed countries.

We are the experts that you seek for student visa consultants, child visa consultation, work visa consultation, and tourist visa consultation.

Frequently Asked Questions

What is the cost of a spouse visa in Australia?

The Temporary Partner visa cost could start from AUD 7,715 for most visa applicants. The Prospective Marriage Visa (subclass 300) starts from AUD 1,285. You can also pay for the temporary and permanent Australian visa at the same time.

How long does it take to process an Australian Student Visa?

Most Australian Student Visa applications take at least 4 weeks to process. Your visa status will usually be valid until 15th March the following year for a course that is longer than 10 months in Australia. This is because the end of Australian academic education providers’ year is usually mid-December.

Is it hard to get a student visa to Australia?

No, it is not difficult to obtain an Australian Student Visa if you go through a registered migration agent. They are well aware of the ground situation. However, most Australian universities charge almost double the fees from international students than what they charge from Australian students. You will, therefore, be paying a good amount of tuition fees if you are going to study in Australia.

What is the reason that student visas to Australia get rejected?

Your Australian Student Visa application may be refused if you are having a previous record of staying illegally in Australia or any other country. Several applicants however have obtained a visa of the same or a different subclass after having been rejected earlier.

Can you let me know of the new rules for the Australia student visa?

As per guidelines in effect from July 2016, the validity of the Australian Student Visa status will coincide with the duration of the course you are enrolled in up till March 15th of the following year even though the course ends in December.

Department of Home Affairs Australia

The Department of Home Affairs Australia handles all aspects of your becoming an Australian citizen. The Department of Home Affairs brings together immigration, border-related functions, settlement services, multicultural affairs, emergency management, criminal justice, national and transport security, and federal law enforcement to keep Australia safe.

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