Australia Spouse VISA Requirements for Foreigners – Tips to Apply

Australia is a country that attracts people from all over the world due to its high standard of living, beautiful landscapes, and vibrant cities. Many foreigners desire to join their Australian spouses in this picturesque nation.

Whether you’re married to an Australian citizen or a permanent resident, the process of applying for a spouse visa is essential to ensure that you can legally live and work in Australia with your partner.

What is an Australia Spouse Visa?

An Australia spouse visa allows foreign nationals to join their Australian partners in the country.

The spouse visa is available to those who are married to an Australian citizen, permanent resident, or eligible New Zealand citizen. It enables the foreign spouse to live, work, and study in Australia.

There are two main pathways for applying for an Australian spouse visa:

Offshore Partner Visa (subclass 309/100) – This is for applicants who are living outside Australia and want to join their Australian spouse in Australia.
Onshore Partner Visa (subclass 820/801) – This is for applicants who are already in Australia and wish to apply for a partner visa while residing in the country.

The visa application process is complex and requires extensive documentation to prove the authenticity of the relationship. Let’s explore the specific requirements for both types of partner visas.

Types of Australian Spouse Visas

1. Prospective Marriage Visa (subclass 300)

The Prospective Marriage Visa is a temporary visa that allows foreign nationals to enter Australia to marry their Australian partner.

Once married, the applicant can then apply for a Partner Visa (subclass 820/801) to remain in Australia with their spouse.

This visa is suitable for individuals who intend to marry their Australian partner and wish to live in Australia post-marriage. It is also sometimes referred to as the fiancé visa.

2. Partner Visa Offshore (subclass 309)

The Offshore Partner Visa is for applicants living outside Australia who are in a genuine, committed relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.

This visa allows the applicant to travel to Australia and live with their spouse.

The Offshore Partner Visa is granted in two stages:

Stage 1: The Temporary Partner Visa (subclass 309) is granted initially, which allows the applicant to enter and stay in Australia.
Stage 2: The Permanent Partner Visa (subclass 100) is granted after the applicant has met the necessary requirements.

3. Partner Visa Onshore (subclass 820)

The Onshore Partner Visa is for applicants already residing in Australia who are married to or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.

This visa allows the applicant to stay in Australia while their permanent partner visa (subclass 801) application is processed.

Like the Offshore Partner Visa, the Onshore Partner Visa is also granted in two stages:

Stage 1: The Temporary Partner Visa (subclass 820).
Stage 2: The Permanent Partner Visa (subclass 801).

Key Requirements for the Australia Spouse Visa

To apply for an Australian spouse visa, applicants must meet several eligibility criteria. These requirements ensure that the relationship between the applicant and their partner is genuine and legally valid.

Below is a comprehensive list of the key requirements for the Australia spouse visa.

1. Proof of Genuine and Ongoing Relationship

The most important requirement for the Australia spouse visa is that you must demonstrate that your relationship is genuine and ongoing. This can be evidenced through several key factors:

Financial Responsibility: Evidence of shared financial responsibilities, such as joint bank accounts, shared property ownership, or bills in both partners’ names.
Household Evidence: Proof of living together as a couple, such as utility bills, lease agreements, or joint household expenses.
Social Commitment: Statements from family and friends confirming your relationship and photos of you and your partner together at social events.
Commitment to Each Other: Evidence of long-term commitment, such as plans for the future, shared responsibilities, and any legal or social recognition of your relationship.

If you are married, you will need to provide your marriage certificate, which must be authentic and legally recognized.

If you are in a de facto relationship (a domestic partnership), you need to show evidence that you have been living together for at least 12 months or have registered your relationship with the relevant Australian state or territory.

2. Sponsors and Their Responsibilities

The sponsor, who is your Australian spouse, must meet certain criteria for sponsoring you for the partner visa. They must:

Be an Australian citizen, permanent resident, or an eligible New Zealand citizen.
Provide evidence of good character, such as police clearance.
Demonstrate the ability to support the foreign applicant financially, including ensuring that they do not rely on social welfare.

There are restrictions on how often an individual can sponsor a partner. A person can only sponsor one partner at a time and is limited to sponsoring only one partner every five years.

3. Health and Character Requirements

All applicants for an Australian spouse visa must meet health and character requirements. This includes:

Health Checks: Applicants are required to undergo medical examinations to ensure they meet the health standards set by the Australian Government.
Police Clearance: Applicants must provide police certificates from any country where they have lived for more than 12 months in the past ten years.

4. Language Requirements

For applicants applying onshore or offshore, there are no specific language requirements. However, providing evidence of an ability to communicate in English may help in expediting your visa application.

If you are applying for permanent residency in the future, demonstrating English proficiency may be required.

5. Relationship Duration

For applicants in a de facto relationship (not married), the Australian Department of Home Affairs generally requires that the couple have been living together for at least 12 months before applying for the visa.

In some cases, if you have a child together or have other compelling reasons, the 12-month requirement may be waived.

6. Application Form and Fees

The application process for an Australian spouse visa requires submitting the correct forms and paying the required fees.

The application forms vary depending on whether you are applying from within Australia or overseas, so make sure to complete the appropriate form.

Offshore Partner Visa (subclass 309/100).
Onshore Partner Visa (subclass 820/801).

The visa application fee for a partner visa can be substantial, with the cost currently around AUD 8,850. Fees may vary, so check the Australian Government’s Department of Home Affairs website for the most up-to-date fees.

How to Apply for an Australia Spouse Visa

The process for applying for an Australian spouse visa can be time-consuming, but following the correct steps can help ensure that your application is successful.

Step 1: Gather the Required Documents

Before starting your application, ensure you have all the required documents, such as proof of your relationship, your marriage certificate (if applicable), health and character certificates, and the necessary sponsor documents.

Step 2: Complete the Visa Application Form

Complete the partner visa application form online or via paper. You can access the forms through the Australian Government’s Department of Home Affairs website. Be sure to fill in all sections accurately and honestly to avoid delays.

Step 3: Submit Your Application

Once your application form is complete and all documents are gathered, submit your application to the Department of Home Affairs. If you are applying from within Australia, submit your application online.

If you are applying from outside Australia, you must submit the application through the nearest Australian Embassy or Consulate.

Step 4: Wait for the Processing

The processing time for a partner visa can vary greatly. It can take anywhere from six months to two years, depending on the complexity of the application and the evidence provided. You can check the processing times on the Home Affairs website to get a general idea.

Step 5: Wait for the Visa Outcome

If your application is approved, you will be granted a temporary partner visa. After living in Australia for a certain period, you will be able to apply for the permanent partner visa (subclass 801).

Tips for a Successful Application

Provide Comprehensive Evidence: The more evidence you can provide about your relationship, the stronger your application will be. This includes photos, joint financial commitments, statements from family and friends, and proof of shared living arrangements.
Be Honest: Inconsistent information or misleading statements can lead to visa refusals. Always provide truthful and accurate details in your application.
Seek Professional Help: If you’re unsure about the process or the required documentation, it may be helpful to consult an immigration lawyer or registered migration agent who specializes in spouse visas.
Ensure Your Sponsor Meets the Requirements: Your Australian spouse must meet all the sponsor requirements, including providing a police clearance and ensuring they are financially able to support you.
Understand the Timeline: Visa processing can take time, so be patient and keep track of any updates from the Department of Home Affairs.

Conclusion

Applying for an Australia spouse visa is an important and sometimes challenging process.

By ensuring that you meet all the requirements, providing strong evidence of your relationship, and following the correct application steps, you can increase your chances of success.

Whether you are applying offshore or onshore, taking the time to carefully prepare your application will help streamline the process and minimize delays.

Good luck with your Australia spouse visa application, and may your journey to Australia be a smooth and successful one!

Australia Spouse VISA Requirements for Foreigners – Tips to Apply

What is an Australia Spouse Visa?

Types of Australian Spouse Visas