GENERAL INFORMATION

If you are married to, or living in a permanent relationship ("de facto") with an Australian citizen or permanent resident you may be able to qualify for a Spouse visa. Some information about this visa class is provided below under the heading "MAIN CRITERIA FOR A SPOUSE VISA". As there are frequent changes in the regulations, please contact us or use the Consultrade Telephone Advice Service before you apply for a Spouse visa.

If you are overseas and not married yet but plan to marry an Australian citizen or permanent resident, you may be entitled to apply for a Provisional Spouse visa (subclass 309) or a Prospective Marriage visa (subclass 300).

Similarly, if you are in an interdependent (same sex) relationship with an Australian citizen or permanent resident and have a mutual commitment to a shared life to the exclusion of any other (spouse/interdependent) relationships, you may be eligible for an Interdependency visa.

If you are overseas you may be able to apply to migrate to Australia on a Provisional Spouse visa. This visa will allow you to travel to Australia and remain in Australia for 2 years. You will have the right to work and may apply for public health (Medicare) cover. After 2 years you may be granted permanent residency, if you can show that the relationship is still continuing. Permanent residency may be granted earlier in the case of a long-term spouse relationship. A long-term spouse relationship refers to a relationship of not less than 5 years duration or, if there is a dependent child of the applicant and partner, 2 years.

The Provisional Spouse visa (subclass 309) is not the same as the Prospective Marriage visa (subclass 300). In order to be issued with a subclass 309 visa, the applicant must be legally married (or have been in a genuine de-facto relationship for at least 1 year at the time of the application) before travel to Australia. It is possible to lodge an application for a subclass 309 before the date of marriage but the visa can not be issued until after the marriage has taken place.

The Prospective Marriage visa (subclass 300) is issued to applicants who intend to marry an Australian citizen or permanent resident in Australia (within 9 months after arrival). This visa also gives the applicant work rights and access to Medicare. Only a limited number of visas can be issued each year in this visa class (i.e. the visa class is "capped") and lengthy delays are likely. In contrast, subclass 309 is not capped.

It is sometimes possible, in compelling or compassionate circumstances, for the one year cohabitation requirement for de facto spouses to be waived. For example, where there is a child from the relationship.

Before being able to apply for a Spouse visa in Australia, the applicant must be legally married (or in a genuine de-facto relationship for at least 1 year). It is sometimes possible, in compelling or compassionate circumstances, for the one year cohabitation requirement for de facto spouses to be waived. For example, where there is a child from the relationship.

If you are in Australia and hold a valid visa, you may be able to apply for a Bridging Visa A (BVA), Extended Eligibility Temporary visa (subclass 820) and a General Residence Spouse visa (subclass 801) on the basis of your Spouse relationship without having to leave Australia.

The BVA will take effect when your current visa expires. It will allow you to remain in Australia while processing of your visa application takes place. The BVA will give you the same visa conditions as the visa it replaces. In other words, if you arrived on a visitor's visa with no work rights, then your BVA will also have no work rights. It may, however, be possible to apply for the right to work by requesting a change in the conditions of your BVA on the grounds of financial hardship. Once you have the right to work on your BVA, Medicare may be applied for. When your application is approved you will be issued with a subclass 820 visa. This visa gives you full work rights, entitlement to Medicare and multiple entry travel.

After 2 years you may be granted permanent residency if you can show that the relationship is still continuing. Permanent residency may be granted earlier in the case of a long-term spouse relationship . A long-term spouse relationship refers to a relationship of not less than 5 years or, if there is a dependent child of the applicant and partner, 2 years.

There are a number of other important criteria which will have to be satisfied before a Spouse visa can be approved.

This is for a non-Australian who is in a de facto (common law) relationship with an Australian and wishes to reside in Australia.

The relationship must be genuine and ongoing. The applicant must have lived with their defacto partner for a minimum of 12 months preceding the application. We must have evidence to demonstrate relationship history as well as common elements found in a marital relationship, such as joint bank accounts, insurance, travel etc.

The applicant is granted a temporary visa for two years.

Processing time: 6 months

FREQUENTLY ASKED QUESTIONS

How can I live permanently in Australia with my spouse?

If you are in a genuine married or de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen, and wish to live permanently in Australia with your partner, you will need to obtain a Spouse Visa. Depending on whether you apply overseas or in Australia, your partner must sponsor or nominate you.

What are the visa requirements for migration as a spouse?

• are legally married to an Australian citizen, permanent resident or eligible New Zealand citizen;
• are in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen and you have been in this relationship for at least 12 months immediately prior to applying for the visa;
• are able to be sponsored or nominated by your partner;
• are in a relationship that is genuine and continuing and are able to provide evidence of this;
• have a mutual commitment to a shared life as husband and wife;
• live together, or do not live separately and apart on a permanent basis;
• and your partner have both turned 18 years of age (unless special circumstances apply);
• have no limitations on making an application if applying in Australia.

Complete details of the requirements are contained in the Migration Booklet 1 Partner Migration.

Migration Booklet 1 Partner Migration contains information on applying for a Spouse visa. It includes the application forms, sponsorship information, lists the basic requirements that must be met and provides a checklist of supporting documents. The booklet is designed so that you can understand the process of applying for a Spouse visa, and complete the application form with minimal, if any, help.

• online:
• in Australia: by telephoning the general inquiry number 131 881; or
• overseas: by contacting your nearest Australian diplomatic office.
• To apply for a Spouse visa you must complete and sign Application Form 47SP Application for migration to Australia by a partner, (PDF File) and answer all questions honestly and completely, in English. When you lodge your application you must ensure that your application is complete, that is:
• the application form is signed and every question is answered;
• the visa application charge has been paid. See: Immigration Costs - Information
• supporting documents are attached. It is in your interest to support your application with as much information as possible at the time you apply. A decision may be made on the information you provide at time of application.
• Completed applications can be lodged at the nearest Australian diplomatic office overseas, either in person, by a representative or sent by mail. If an application is by sent mail, you need to include a self-addressed, pre-paid envelope for the secure return of your passport. In Australia, you may mail your application to the nearest regional office of the Department or phone the general enquiry number 131881 to make an appointment.

Applications for a Spouse visa go through a two-stage process. The process involves applying for a temporary visa and a permanent visa. At the first stage the temporary visa application will be considered. The second stage, two years after making the application, involves consideration of the permanent visa application.

If the relationship ends while you have a temporary visa, you must inform the Department immediately. You may still be eligible for a permanent visa, without having to fulfil the normal two-year waiting period.

CONSULATES