Australia

Australia Spouse Visa

Australia Immigration

Detailed Overview Of Australia Spouse Visa

An Australian Spouse Visa, also known as a Partner Visa, allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live, work, and study in Australia. The visa is granted in two stages: a temporary visa followed by a permanent visa.

Stages of Partner Visa:

1. Temporary Partner Visa (Subclass 820/309):
   – This visa allows the applicant to live in Australia temporarily while their permanent visa application is being processed.
   – Subclass 820 is for applicants who apply from within Australia.
   – Subclass 309 is for applicants who apply from outside Australia.
   – The temporary visa is typically valid until a decision is made on the permanent visa.

2. Permanent Partner Visa (Subclass 801/100):
   – The applicant can apply for a permanent visa approximately two years after submitting the initial application, provided they continue to meet all visa requirements.
   – Subclass 801 is for those who have applied onshore (within Australia).
   – Subclass 100 is for those who have applied offshore (outside Australia).

Eligibility Requirements:

1. Relationship Requirement:
   – The applicant must be in a genuine and continuing relationship with their partner, who must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
   – The relationship can be either a spouse (legally married) or a de facto partner (living together in a genuine domestic relationship for at least 12 months).

2. Visa Type:
– Applicants must select the appropriate visa type based on their relationship status (spouse or de facto) and whether they are applying from within Australia (onshore) or outside of Australia (offshore).

3. Character and Health Requirements:
   – Both the applicant and their sponsoring partner must meet character (no substantial criminal record) and **health** (undergo a medical examination) requirements as set out by the Australian government.

4. Financial Evidence:
   – The applicant must provide evidence of shared financial responsibilities, such as joint bank accounts, shared expenses, property ownership or rental agreements, and other documents that demonstrate the financial aspects of the relationship.

5. Evidence of Relationship:
   – Evidence such as photographs, travel documents, correspondence, joint invitations, and statutory declarations from friends and family attesting to the genuineness of the relationship is required.
   – Joint activities and social recognition of the relationship are also considered.

6. Sponsor Requirements:
   – The sponsoring partner must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
   – The sponsor must meet certain character requirements and be able to support the applicant financially.

7. Application Process:
   – Applications are submitted online through the Australian Department of Home Affairs website.
   – Applicants must provide comprehensive personal and relationship information and supporting documentation.

Waiting Period and Processing Time:
   – The processing time for a temporary Partner Visa (subclass 820/309) can vary but typically ranges from 12 to 24 months.
   – After obtaining the temporary visa, there is usually a waiting period of up to two years before the applicant can apply for the permanent Partner Visa (subclass 801/100).

Benefits of the Partner Visa:

   – Work and Study Rights: The visa holder can work and study in Australia.
   – Healthcare Access: Access to Medicare, Australia’s public health care scheme.
   – Travel Rights: The visa holder can travel to and from Australia without restrictions while the visa is valid.
   – Pathway to Citizenship: Once the permanent Partner Visa (subclass 801/100) is granted, the visa holder may become eligible to apply for Australian citizenship after meeting the residency requirements.

Conclusion:

The Australian Partner Visa process is designed to ensure that applicants meet the eligibility criteria, and that the relationship is genuine and ongoing. The visa provides a pathway to permanent residency and potentially citizenship for spouses or de facto partners of Australian citizens, permanent residents, or eligible New Zealand citizens.

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