How to Get an Australian Spouse Visa

If you are married to or in a de facto relationship with an Australian citizen or permanent resident, you may be eligible to apply for an Australian Spouse Visa. This visa allows you to live, work, and study in Australia with your spouse. It’s an exciting opportunity to start a life together in one of the world’s most beautiful and diverse countries.

In this guide, we will explain the process of applying for a spouse visa for Australia, including the eligibility requirements, the steps involved, and important things to consider.

What Is the Australian Spouse Visa?

The Australian Spouse Visa allows the partner or spouse of an Australian citizen or permanent resident to live in Australia. It is a two-stage process: the initial temporary visa allows you to live in Australia with your spouse, and after a certain period (usually two years), you can apply for a permanent visa.

There are two main types of Spouse Visas in Australia:

1. Subclass 820 (Temporary Partner Visa): This is the first stage of the application. It allows you to stay in Australia while your application for a permanent visa is processed.
2. Subclass 801 (Permanent Partner Visa): This is the second stage, which you can apply for after you’ve held the temporary visa for at least two years.

Eligibility Requirements for an Australian Spouse Visa

Before applying for an Australian Spouse Visa, you must meet several key requirements. These include:

1. Relationship Requirements:

• Marriage: You must be legally married to your Australian spouse. Your marriage must be valid under Australian law.
• De Facto Relationship: If you’re not married, you must have been in a de facto relationship for at least 12 months before applying. A de facto relationship is when you and your partner live together as a couple, sharing a life similar to that of a married couple.

2. Sponsorship:

• Your spouse (the Australian citizen or permanent resident) must agree to sponsor you. They must provide evidence of their Australian citizenship or permanent residency status.

3. Genuine Relationship:

• You need to prove that your relationship is genuine and continuing. This means showing that you live together, share finances, and intend to remain together long-term. Evidence of a shared life, such as joint bills, bank accounts, photos together, and communication, can help prove this.

4. Health and Character Requirements:

• Health: You must meet certain health standards. This usually involves a medical examination, including a physical exam and tests for certain diseases such as tuberculosis.
• Character: You will need to provide a police certificate from your country of residence (or any other country where you’ve lived for 12 months or more) to show that you have no serious criminal convictions.

5. Age Requirement:

• You must be at least 16 years old to apply for a spouse visa. However, if you’re under 18, you’ll need the consent of both parents or legal guardians.

Steps to Apply for an Australian Spouse Visa

Step 1: Prepare Your Documents

The first step in applying for a spouse visa is gathering all necessary documentation. These documents may include:

• Proof of identity: Passport, birth certificate, or national ID card.
• Marriage or relationship documents: Marriage certificate (if married), evidence of living together (e.g., joint leases, utility bills, or a statutory declaration).
• Sponsor documents: Proof of your Australian spouse’s citizenship or permanent residency (passport, citizenship certificate, or visa grant notice).
• Health and character documents: Medical examination results and police certificates.

Make sure all your documents are up to date, and in English, or translated into English by a certified translator.

Step 2: Submit Your Application

Once you have all your documents, you can submit your application. Applications can be submitted online via the ImmiAccount on the Australian Government Department of Home Affairs website. You will need to create an account to start your application.

In your application, you will need to provide details about your relationship, your spouse’s details, your health, and any other relevant information. Ensure that all information is correct, as any mistakes could delay the process.

Step 3: Wait for the Temporary Visa (Subclass 820)

Once your application is submitted, the Department of Home Affairs will process your visa. The first visa you will receive is the Subclass 820 (Temporary Partner Visa), which allows you to live and work in Australia while your application is being processed.

The processing time for the temporary visa can take anywhere from 8 months to over a year, depending on the volume of applications. You can track the progress of your application through your ImmiAccount.

Step 4: Submit Additional Information (if requested)

At any point during the application process, the Department of Home Affairs may request additional information or documents. Be sure to respond promptly to avoid delays.

Step 5: Apply for the Permanent Visa (Subclass 801)

After you’ve held the Subclass 820 visa for two years, you can apply for the Subclass 801 (Permanent Partner Visa). To apply for the permanent visa, you will need to prove that your relationship is still ongoing.

The permanent visa application is usually processed much faster than the temporary visa application. However, the permanent visa may still take several months to be approved.

Step 6: Receive Your Visa Decision

Once your application for the permanent visa is approved, you will be granted the Subclass 801 visa. This will allow you to stay in Australia permanently, live, work, and study, and travel in and out of the country as you wish.

Costs and Processing Times for the Australian Spouse Visa

• Cost: The cost of applying for a spouse visa can vary depending on the type of visa and the number of applicants. As of now, the application fee for the Subclass 820 and 801 visas combined is around AUD 7,715 for the main applicant. Additional costs may include medical exams, police checks, and translation services.
• Processing Time: The processing time for a Spouse Visa can vary. For the temporary visa (Subclass 820), the processing time can be 8 months to over a year, while the permanent visa (Subclass 801) can take up to two years for approval after the temporary visa has been granted.

Things to Keep in Mind

1. Genuine Relationship: Proving that your relationship is genuine and continuing is crucial. Provide as much evidence as possible to show that you and your partner are committed to a long-term life together.
2. Communication: The visa application process can take time, so it’s important to stay in regular contact with your partner and respond to any requests from the Department of Home Affairs promptly.
3. No Guarantee of Approval: While you may meet all the eligibility criteria, there is no guarantee that your visa will be approved. The final decision rests with the Australian Department of Home Affairs.

Conclusion

The process of obtaining an Australian Spouse Visa may seem complex, but it is a great opportunity for couples who wish to live together in Australia. By carefully following the steps, gathering all necessary documents, and ensuring your relationship meets the requirements, you can increase your chances of success.

Remember, the process may take time, but with patience and thorough preparation, you can be on your way to living with your spouse in Australia.