Spouse visa

Spouse Visa

A partner visa gives the spouse of an Australian citizen, Australian permanent resident or an eligible New Zealand citizen, a right to live in Australia on a permanent basis. The Home Affairs has divided the visa scheme into three categories which are:

Onshore Partner Visa

Onshore applications can be made via the Temporary Partner Visa (subclass 820). This visa will be granted first and then an applicant may be eligible for a Permanent Partner Visa (subclass 801) after 24 months of stay.

CRITERIA FOR THE APPLICANT

In most cases, the applicant must be the spouse or de facto partner of an:

  • Australian citizen
  • Australian permanent resident or
  • Eligible New Zealand citizen
  • The relationship can be with someone of the same or different sex

To be a married applicant:

  • The marriage must be recognised under Australian law
  • The applicant and their spouse must both be committed to a shared life together to the exclusion of all others
  • The relationship must be genuine and continuing
  • The applicant must reside with your spouse or do not live apart on a permanent basis
  • Must have a sponsor, usually their spouse, at the time of making the application
  • Meet the health and character requirements
  • Paid back your debt to the Australian Government (if any)
  • Not have had a visa or previous application refused

CRITERIA FOR THE SPONSOR

The Sponsor must:

  • be aged 18 or more
  • be an Australian citizen, permanent resident or eligible New Zealand citizen
  • provide information on relevant offence, which can be done by providing police certificates
  • not have previously sponsored more than a person for a Partner Visa or Prospective Marriage Visa for migration to Australia, and not have sponsored a person for a Partner Visa or Prospective Marriage Visa for migration to Australia within the last 5 years
  • not have been sponsored under a Partner Visa or Prospective Marriage visa by someone else within the last 5 years

PATHWAY TO PERMANENT PARTNER VISA

After 24 months have passed since the grant of the Temporary Partner Visa (subclass 820), the applicant is eligible to apply for the permanent partner visa (subclass 801), provided that the applicant has the following:

  • A valid temporary partner visa (subclass 820)
  • Continue to be in the spouse or de facto partner relationship unless your relationship has ended and there are special circumstances
  • Have complied with all Australian laws during their stay and all the conditions of their temporary visa.

Offshore Partner Visa

Onshore applications can be made via the Temporary Partner Visa (subclass 820). This visa will be granted first and then an applicant may be eligible for a Permanent Partner Visa (subclass 801) after 24 months of stay.

CRITERIA FOR THE APPLICANT

In most cases, the applicant must be the spouse or de facto partner of an:

  • Australian citizen
  • Australian permanent resident or
  • eligible New Zealand citizen
  • the relationship can be with someone of the same or different sex

To be a married applicant:

  • the marriage must be recognised under Australian law
  • the applicant and their spouse must both be committed to a shared life together to the exclusion of all others
  • the relationship must be genuine and continuing
  • the applicant must reside with your spouse or do not live apart on a permanent basis
  • must have a sponsor, usually their spouse, at the time of making the application
  • meet the health and character requirements
  • paid back your debt to the Australian Government (if any)
  • not have had a visa or previous application refused

CRITERIA FOR THE SPONSOR

The Sponsor must:

  • be aged 18 or more
  • be an Australian citizen, permanent resident or eligible New Zealand citizen
  • provide information on relevant offence, which can be done by providing police certificates
  • not have previously sponsored more than a person for a Partner Visa or Prospective Marriage Visa for migration to Australia, and not have sponsored a person for a Partner Visa or Prospective Marriage Visa for migration to Australia within the last 5 years
  • not have been sponsored under a Partner Visa or Prospective Marriage visa by someone else within the last 5 years

PATHWAY TO PERMANENT PARTNER VISA

After 24 months have passed since the grant of the Partner (Provisional) Visa (subclass 309), the applicant is eligible to apply for the Permanent (Migrant) Visa (subclass 100), provided that the applicant has the following:

  • A valid Permanent (Migrant) Visa (subclass 100)
  • continue to be in the spouse or de facto partner relationship unless your relationship has ended and there are special circumstances
  • have complied with all Australian laws during their stay and all the conditions of their temporary visa

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