Criteria for Spouse or Partner Visa Application

To successfully apply for and be granted a spouse visa to Australia; you must satisfy the Australian Department of Immigration & Citizenship that you meet the following requirements -

• Your relationship is genuine and continuing and has not been contrived to achieve the grant of the spouse visa or de facto partner visa
• Your partner and you share a genuine loving commitment to a life together as spouses (husband and wife) or de facto partners to the exclusion of all others
• You and your spouse live together, or if you do live apart, you live apart temporarily and not on apart on a permanent basis.
• Either you are married or you have lived together as de facto partners for 12 months unless compelling circumstances apply ( a child as an example).

Processes for applying for the Australian Spouse Visa

Depending on the Australian Visa you hold, you may be in or outside of Australia when apply for a spouse visa for Australia. Deciding where and when to apply can be a complex decision so contact us for advice on ensuring your best chance for obtaining your spouse visa.

Once your application for the spouse visa to Australia is processed and granted, you will receive a 2 year temporary Australian spouse visa. On this temporary spouse visa or de facto partner visa you will have rights to live and work in Australia for 2 years. You will also have access to the Australian Medicare Health System.

In some circumstances, it is not necessary to wait the two-year period before applying for permanent residence. This may happen if:

• You have been in the relationship with your spouse for five years or more at the time of application.
• You have been in the relationship for two years where there are dependent children of the relationship.
• Your spouse was granted a permanent visa under the humanitarian program or was granted a protection visa and was in the relationship with you before the visa was granted and this relationship was declared to Australian immigration officials at the time.

Permanent Residence on the Spouse Visa to Australia

If your relationship is still continuing after the two-year period on your temporary spouse visa to Australia or de facto partner visa, you will be entitled to apply for permanent residence in Australia.

In some circumstances, you may be eligible to go directly to permanent residence without remaining in Australia on the temporary spouse visa and may also be eligible for permanent residence even if your spouse or de facto  relationship has broken up before the end of the two-year period.