Requirements For Married or Spouse Visa Australia
Your subclass of spouse visa Australia will depend on whether you are on-shore or off-shore and if you are in a de facto, married relationship or planning on getting married.
Here are some frequently asked questions for the Australian partner visa and tips to help get you started.
As with most everything you need to get done, the first question to ask is where do I start? Well, I suggest you start with which kind of relationship you are in, depending on those details is how you can figure out which documents you will need. Are you engaged, married or in a de facto relationship?
All of these relationships will be asked to show different forms of evidence for their visa application.
Married (de jure) relationships (Spouse Visa Australia Requirements)
Let’s go over how immigration defines and knows you’re eligible for a married (de jure) relationship partner visa:
- You are married to one another under a marriage that is considered valid with the Migration Act 1958, with documentation, such as a marriage certificate that is recognized in Australia.
- You have and can provide evidence of a mutual commitment to share a life together as husband and wife, with the exclusion of all others.
- The relationship between the two of you is genuine and continuing.
- You live together or do not live separately on a permanent basis.
- Be sponsored by an eligible person for the Australian spouse visa, namely your partner.
- You must meet the health and character requirements set by immigration.
To apply on the basis of marriage for the Australian Partner visa, you must be legally married to your partner (sponsor, in most cases).
To apply outside of Australia on the basis of marriage you must either intend to marry your partner in the near future (before your temporary Partner visa application is decided on) or already be legally married.
If you were married in a different country and the marriage is valid from that country, it will most likely be recognized under Australian law.
Unfortunately, there are some exceptions to this, such as same-sex, underage or polygamous marriages; these are not accepted in Australia.
If you are applying on the basis of marriage you will not have to show that you have been living together for 12 months because this has different requirements than a de facto relationship.
How do you know if your sponsor is eligible for sponsorship for the Partner visa? Let’s have a look at what all is required and what your limits are as a sponsor for a Partner Visa.
In order to sponsor the visa applicant as your partner or spouse, you must:
- Be an Australian citizen, Australian permanent resident (must usually be a resident), or an eligible New Zealand citizen. (Your eligibility will be discussed below)
- Cannot be a holder of a Woman at Risk visa (subclass 204) that has been granted within the last 5 years and now wishes to sponsor their partner or former partner at the time of the visa grant.
- Not be subject to any of the limitation requirements (will be discussed below).
- Be at least 18 years of age.
- Intend to marry your partner before the visa is granted (overseas applicants only).
- Be married to or be in a de facto relationship with the applicant.
Please note: if you are 16 or 17 years old and wish to sponsor your spouse or intended spouse, who is 18 years of age or older, your parent or guardian must be the sponsor.
Your parent or guardian must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. The parent or guardian must be 18 years of age or older.
Are you an eligible New Zealand citizen?
We can find out by looking at the requirements below.
- You must have met health and character checks at the time of your last entry to Australia and:
- You have held a Special Category (subclass 444) visa on 26 February 2001; or
- You have held a Special Category (subclass 444) visa that was in force for at least a year in the two years before 26 February 2001; or
- Hold a certificate, which was issued under the Social Security Act 1991, which states the citizen was residing in
- Australia on these particular dates for this reason. (NOTE: the Department of Human Services stopped taking application for these certificates in February 2004)
- Must be usually resident of Australia.
Immigration has put some limitations on sponsors in order to be sure that the partner visa programme is not abused.
Your partner’s visa application might be refused if you have gone over the limitations of a sponsor relating to your previous successful applications, have you done any of the questions below?
- Have you previously sponsored or nominated 2 or more people as your finance or partner for migration to Australia?
- (This includes sponsorships/nominations you may have withdrawn but your former fiancé or partner obtained permanent residence on family violence grounds.)
- Have you sponsored a fiancé or partner within the last five years?
- Were you yourself sponsored for a partner visa within the last 5 years?
There may be a waiver provision for your sponsorship to be approved if you can show the decision maker that you meet the compelling circumstances satisfactorily. These circumstances include, but aren’t limited to, those listed below:
- Your previous partner or spouse has died
- Your previous partner or spouse has abandoned the relationship, leaving behind young children
- Your current relationship with your fiancé or partner has been long standing
- You have children with your current fiancé or partner
Are you a previous or current contributory parent category visa holder?
If you have been granted a contributory parent category visa on or after 1 July 2009, you will be unable to sponsor anyone for a partner category for 5 years from your visa grant date if you were in a de facto or married relationship with that person on or before the date of that contributory parent category visa.
There can be some exceptions to this limitation if you can provide compelling reasons. For example, if your partner was unable to migrate with you because of a major family illness or other significant obligations, this would exclude financial obligations.
The department would then expect for you to be able to provide evidence of a change in circumstances that now will enable them to apply for the Partner or Prospective Marriage Visa.
ONE derland Consulting has extensive experience dealing with different type of visas and complex cases, to find further information on your options and eligibility for Partner/Spouse (subclass 820/801 or 309/100) Visa, please contact our office on (+61) 089477-5831 or email: [email protected]
Next : Checklist for Spouse Visa