Australian Spouse Visa is for married couples or common-law partners/ de-facto partners (inclusive of individuals in a same-sex relationship) of citizens of Australia, Permanent Residents, and qualified citizens of New Zealand. It permits the Visa holders to enter and stay in Australia permanently.
The Australia Visa for Spouse is chiefly divided into two streams, though the Partner Visa has 3 major subclasses.
The type of relationship that you are in decides the type of Spouse Visa that you need to apply for. Below are the relationship types and the corresponding Australian spouse Visas:
The Subclasses for Australia Spouse Visa are of two types:
Initially, the partners who fulfill the lawful criteria for the approval of the Visa are offered a Temporary Australia Visa. In the future, the Australia Permanent Resident Visa can be offered following a period of eligibility if there are children in the relationship, or if there is a long-standing relationship, immediately after the approval of the Provisional Visa.
Australian immigration through the partner category also permits the temporary arrival to Australia of fiance/intended spouses of citizens and permanent residents of Australia and qualified citizens of New Zealand.
Let us have a brief view of the Australia Subclass Visas depending on your location at the time of applying:
Partner Temporary Subclass 820 Visa and Permanent Subclass 801 Visa
You can apply for this Visa subclass for remaining in Australia with your partner who has to be a citizen or permanent resident of Australia or a qualified citizen of New Zealand. If the relationship is authentic and remains valid even after 24 months after the Visa application, you can be offered an Australia Permanent Resident Visa.
Partner Provisional Subclass 309 Visa and Permanent Subclass 100 Visa
You can apply for this Visa subclass for remaining in Australia with your partner who has to be a citizen or permanent resident of Australia or a qualified citizen of New Zealand. If the relationship is authentic and remains valid even after 24 months after the Visa application, you can be offered an Australia Permanent Resident Visa.
You must fulfill the following requirements to become eligible for the Australia Spouse Visa:
You can be either in Australia or outside when applying for the Australia Spouse Visa, though there are advantages if you apply from within Australia. After the approval of your initial application, you will be offered an Extended Eligibility Provisional Visa. It will permit you to remain in Australia for 2 years and you will possess complete rights to work during this period.
In some situations, it is not mandatory to wait for 2 years before you apply for the Australia Permanent Resident Visa. This can occur if:
You will be entitled to apply for the Australia PR Visa after 2 years if in case your relationship remains valid.
In some situations, you can qualify for the PR Visa even if the relationship has been terminated before the end of the 2 years. These scenarios can be:
The Provisional Prospective Marriage Subclass 300 Visa permits you to arrive in Australia to marry your prospective spouse. The Visa application has to be filed from overseas and you must remain overseas at the time of the approval of the Visa. It is a provisional Visa offered for 9 months for getting married. You can get married in any nation and you are not required to get married in Australia.
The Visa will permit you to:
Your spouse sponsoring you for the Visa has to be a citizen or permanent resident of Australia or an eligible national of New Zealand. Your partner cannot sponsor you if they have already sponsored another individual or had been sponsored in the last 5 years or if they have earlier sponsored 2 individuals.
You must note here that you must have met your prospective spouse and they must be aged more than 18 years. This Visa does not apply to couples of the same sex. You can include the following individuals in the Visa application:
The Visa applicant and any dependent members are required to fulfill the character and health requirements.
The Provisional Partner Subclass 309 Visa permits you to stay in Australia if you are lawfully married to or are the de facto partner of a citizen or permanent resident of Australia or an eligible national of New Zealand.
Same-sex couples can also obtain this Partner Visa. The Visa application has to be filed from overseas and you must remain overseas at the time of the approval of the Visa. It is the first step toward obtaining the Permanent Partner Subclass 100 Visa. Only one application has to be filed for both your Provisional and Permanent Visas. The application processing is done in 2 phases, roughly 2 years between one another. In some situations, you can obtain a Visa even if the relationship has been terminated.
Your spouse must sponsor you for the Visa. Your partner cannot sponsor you if they have already sponsored another individual or had been sponsored in the last 5 years or if they have earlier sponsored 2 individuals.
The Visa will permit you to:
After you get the Permanent Partner Subclass 100 Visa, you can:
The following people can be included in your Visa application:
The Visa applicant and any dependent members are required to fulfill the character and health requirements.
The Provisional Partner Subclass 820 Visa permits you to stay in Australia if you are lawfully married to or are the de facto partner of a citizen or permanent resident of Australia or an eligible national of New Zealand.
Same-sex couples can also obtain this Partner Visa. The Visa application has to be filed from within Australia and you must stay in Australia at the time of the approval of the Visa. In some situations, you can obtain a Visa even if the relationship has been terminated.
Your spouse must sponsor you for the Visa. Your partner cannot sponsor you if they have already sponsored another individual or had been sponsored in the last 5 years or if they have earlier sponsored 2 individuals. This Visa is the first step toward obtaining the Permanent Partner Subclass 801 Visa.
The Provisional Partner Subclass 820 Visa will permit you to:
After you get the Permanent Partner Subclass 801 Visa, you can:
You can include your dependent kids in the Visa application. However, you cannot include other dependent relations unless you have or had a Prospective Marriage Visa. The dependents are also required to be in Australia when the application is submitted.
2 years after you have filed the Provisional Partner Subclass 820 Visa if the relationship continues you will be invited to apply for the Permanent Companion Subclass 801 Visa.
The Visa applicant and any dependent members are required to fulfill the character and health requirements.
| Type of Visa | 90% of the Visa applications are processed in | 75% of the Visa applications are processed in |
| Permanent Partner Subclass 100 Visa | 22 months | 17 months |
| Prospective Marriage Subclass 300 Visa | 29 months | 16 months |
| Partner Provisional Subclass 309 Visa | 23 months | 17 months |
| Permanent Partner Subclass 801 Visa* | 19 months | 15 months |
| Provisional Partner Subclass 820 Visa | 28 months | 23 months |
Processing times for Permanent Partner Subclass 801 Visa and Permanent Partner Subclass 100 Visa are from the eligibility date (2 years from the time of filing of 309/100 or 820/801 application) till finalization.
We at Nationwide Visas have assisted hundreds of individuals to successfully immigrate to Australia with their families through the Australian Spouse Visa. Our qualified and experienced Immigration Experts are equipped with the proficiency to accurately assess your case and advise the most suitable course of action for best serving your needs.
Nationwide has accumulated a treasure of goodwill and exhaustive experience over the last 17+ years in this dynamic immigration industry and has constantly facilitated a wide range of aspiring immigrants to achieve their overseas goals.
We are among the top-most brands in the Immigration sector being a highly reliable immigration firm with an outstanding track record of several thousand triumphant PR Visa applications. The following major factors make us the Top Immigration Advisory Firm for an Australia PR Visa:
The following major factors make us the Top Immigration Advisory Firm for an Australia PR Visa:
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