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Spouse Visas for Australia

To be eligible for a Spouse Visa you must be married to, or in a de facto (common law) relationship, with an Australian citizen or permanent resident. Interdependent, or same sex partners, should apply for an Interdependency Visa.

Under the Spouse Visa, your spouse must sponsor you for a period of 2 years. After this, if the relationship is still genuine and continuing, you may be eligible for permanent residence.

 Find Out If You Qualify For A Spouse Visa For Australia.

To apply for the Spouse Visa on the basis of marriage, you must be legally married to your Australian partner and sponsor. To apply from outside Australia, you must be legally married to your spouse at the time of application or intend to legally marry your partner before a decision is made on the temporary Spouse Visa.

In addition:

• You will be required to provide proof of your legal marriage and evidence of a mutual commitment and shared life; and
• Meet the health and character requirements designated by the Australian Department of Immigration.

De facto partners must show they have been in a de facto relationship for 12 months immediately prior to lodging their application. They must also show in their application proof their relationship is genuine and continuing, and that they live together and do not live separately and apart on a permanent basis.

Process

Applying for a Spouse Visa is a 2-stage process. You apply for both a temporary and permanent visa in the one application at the same time.

Temporary Visa

If you lodge your application outside Australia, you must be outside Australia when the temporary visa is granted. If you lodge your application in Australia, you must be in Australia when the temporary visa is granted.

If you are granted a temporary visa, you will:

• Have permission to travel to and from Australia until a decision is made on your permanent visa application; and
• Be able to work in Australia.

Permanent Visa

If you lodge your spouse application outside Australia, you may be either in or outside Australia when the permanent visa is granted. If you lodge your application in Australia, you must be in Australia when this visa is granted.

In most cases, permanent residence cannot be granted less than 2 years from when you lodge your application. However, you may be granted a permanent visa without having to fulfil the usual 2 year waiting period if at the time you apply you meet certain criteria.

The 2 year waiting period for permanent residence may be waived if at the time of application:

• You have been in a spouse relationship with your partner for 5 years or more (as a married or de facto partner); or
• You and your partner have been in a married or de facto relationship for 2 years and have children.

Do You Qualify For A Spouse Visa For Australia?