If you are married to an Australian citizen or permanent resident, or an eligible New Zealand citizen, you may be eligible for a spouse visa, which provides a pathway to permanent residence in Australia. Note that a spouse visa is referred to as a partner visa in the migration provisions as you do not need to be in a married relationhsip to be eligible, i.e. de facto couples may also qualify for a partner visa. Accordingly, the terms ‘partner’ and ‘spouse’ are used interchangeably in this article.
Read on to learn about what are the requirements for a spouse visa in Australia and how to apply for a spouse visa Australia.
A spouse visa can either be lodged onshore or from outside Australia. To apply for a spouse visa Australia onshore, eligible applicants must lodge a Subclass 820/801 Partner visa application. The equivalent offshore spouse visa application Australia is the Subclass 309/100 Partner visa.
Both the onshore and offshore spouse visa applications consist of a two-stage process. The first step is to lodge a combined application for both a temporary and permanent residence partner visa.
Note that you can apply for an offshore partner visa application if you intend to marry an Australian citizen or permanent resident, or an eligible New Zealand citizen, provided the intended marriage will, if it takes place, be a valid marriage in accordance with the migration provisions. Importantly, the marriage must have taken place before the temporary subclass 309 visa can be granted. This is designed a situation where you are planning to marry outside Australia. If instead you intend to marry your Australian partner in Australia, you should apply for the Subclass 300 Prospective Marriage visa.
To learn more about the prospective marriage visa, we recommend that you refer to our detailed guide on the temporary Subclass 300 Prospective Marriage visa where you can learn about the specific eligibility requirements, costs, timing, how to apply, and documents required to be submitted with your application.
We have also prepared a series of articles which are designed to provide you with further information about the prospective marriage visa process and how it works. We recommend that you refer to the articles below to learn more.
If your application for a temporary partner visa is successful, you will be granted a temporary visa at the initial stage.
As an onshore subclass 820 partner visa applicant, this will allow you to remain in Australia whilst you await processing of your permanent residence visa application.
If you lodge offshore, you may enter Australia upon grant of the temporary Subclass 309 partner visa to await processing of the final stage of your spouse visa application Australia.
As a temporary partner visa holder, you will be able to access Medicare (Australia’s public health care system). You can also work, study and travel to and from Australia on an unrestricted basis. Additionally, you will be eligible for unlimited hours of English language classes until you reach vocational English, which is provided through the Adult Migrant English Program .
An exemption has be introduced to allow for the onshore grant of the Subclass 309 Partner visa for applicants who are in Australia and are unable to travel offshore to be granted their visa due to COVID-19 travel restrictions.
This temporary change to the visa grant requirements commenced on 27 February 2021.
This means that If you applied for a Partner outside Australia before the end of the COVID-19 concession period, but you are in Australia during this period, the visa can be granted onshore if you meet all other visa requirements.
Applicants who are outside Australia and who meet the normal visa grant requirements will be able to be granted the visa offshore, in accordance with the current process.
The COVID-19 concession period commenced on 1 February 2020 and is a temporary arrangement. An end date is yet to be announced.
Applicants who come to Australia after the end of the COVID-19 concession period will not be able to be granted their visa whilst they are onshore, in line with the usual requirements.
Processing of your permanent residence spouse visa application Australia will then commence following two years of lodgement of your application, however, given the average processing times being experienced by the Department of Home Affairs (the Department), it is unlikely that processing will occur at this 2-year mark. Note that processing times change periodically, but you can typically expect at least a 3 ½ to 4 year wait for the entire process to be completed.
The two-year wait period discussed above does not apply if, at the time the visa application was made, you and your spouse were in a long-term relationship. This means a minimum of 2 years if you and your spouse have a dependent child (other than a stepchild), or 3 years in any other case.
Keep in mind that application processing times do change from time-to-time based on a range of factors, including internal Departmental systems and processing priorities. Actual processing times can also be affected by factors relating to the individual circumstances of each application. Where there are more complex issued involved, shortfalls or gaps/inconsistencies in information and/or documents provided to the Department, or if there are questions or doubts raised about the veracity of claims made in an application, these types of issues are likely to result in an application taking longer to decide. This may involve the Department investigating individual matters further to satisfy itself that all relevant visa grant requirements have been satisfied, which can result in a longer wait time to reach a decision.
The good news is that there are things you can do to both maximise your chances of achieving a successful result and to prevent further processing delays in the Department deciding your application. In this article, we provide some useful tips on the steps you can take to improve your chances of having a partner visa granted and in the quickest possible time.
But first, we start with an overview of the main A ustralia spouse visa requirements that you will need to meet to qualify for a partner visa.
One of the most important criteria that applies to a partner visa is whether your marriage meets the definition of a spouse relationship in accordance with the migration provisions. Presenting a marriage certificate alone to the Department is not sufficient evidence to meet this requirement.
Your marriage must be legally valid under Australian law (which will be most relevant for marriages that take place outside Australia). A minimum age requirement of 18 generally applies, however this is lowered to age 16 if certain requirements are met.
Same-sex marriages are legally recognised in Australia and are therefore also eligible for grant of a partner visa on the basis of marriage (provided all other requirements are satisfied).
The definition of a spouse relationship also requires you to demonstrate that you and your Australian spouse have a mutual commitment to a shared life as a married couple, to the exclusion of all others, that your relationship is genuine and continuing , and that you are not living separately and apart on a permanent basis.
In assessing whether you meet this definition, the Department will examine the financial and social aspects of your relationship, the nature of your household and of your commitment to one another. Practically speaking, this means demonstrating things like:
The above is not an exhaustive list but are just some examples of the types of things to consider when gathering your evidence. Each relationship is different, and that means that the documents that you should provide will depend on the individual circumstances of your own relationship. The important thing is that, as part of your application, you supply strong supporting evidence to demonstrate that you meet the above definition of a spouse relationship. If you are unable to show the existence of one or more of these factors, you should provide adequate explanations and where possible, supporting documentation to explain their absence from your relationship. Although the Department recognises the fact that each marriage is individual and unique, it does generally expect to see most relationships in contemporary Australia exhibiting the above factors. If your marriage does not clearly feature these elements, you can expect more scrutiny by the Department. Providing detailed explanations and evidence to address these issues upfront at time of lodgement of your application will help to avoid further delay and questions being raised on the veracity of your claims. We recommend that you refer to our detailed guide on the evidentiary requirements for a partner visa, to help ensure that you cover off on all relevant aspects, as they apply to your own situation.
You and your spouse should also each prepare detailed and comprehensive written statements (which are signed and dated) and include the following details:
These statements provide an opportunity for you and your spouse to fully explain the circumstances of your relationship and how you meet the relevant definition of a spouse relationship, which is one of the most crucial elements that will determine whether you qualify for grant of a partner visa.
If you apply for an offshore subclass 309 visa on the basis of your intention to marry your Australian partner before visa grant, you should submit supporting documents to evidence that you made arrangements to marry your partner. This should indicate the intended date of the marriage.
Another key spouse visa requirement for a partner visa to be granted is for your Australian spouse to be approved as your sponsor . To qualify, your spouse will need to meet specified requirements and if approved, will be subject to sponsorship obligations. This includes agreeing to support you (as the visa holder) by providing accommodation and financial assistance for the first 2 years following visa grant.
An age requirement also applies, whereby your sponsor is required to be at least 18 years of age at time of application. If this is not the case, your spouse may still be able to sponsor you provided that their parent or guardian (who themselves must be aged at least 18 years and be an Australian citizen or permanent resident, or an eligible New Zealand citizen) sponsors you for the partner visa.
Under the current Australia spouse visa requirements, partner visa and sponsorship applications can be lodged and assessed by the Department concurrently. But changes are coming, meaning that your spouse will first need to apply for and be granted sponsorship approval before you can lodge your partner visa application. This change can have serious implications, especially for onshore applicants as it means a further delay in the lodgement process. If you are planning to apply onshore, be mindful that once this change is enacted, you will need to carefully plan your lodgement timeline to ensure that you can validly lodge your application by the time the sponsorship approval comes through. Otherwise, you risk having to depart Australia and instead lodge your application offshore. Getting the timing right will therefore be even more critical in planning your visa pathway to achieving permanent residence in Australia. Talk to us for information and advice that is tailored to suit your personal situation, thus ensuring that you have a plan that works best for you.
In addition to the spouse visa requirements discussed above, you will also need to meet health and character criteria for a partner visa to be granted. There are also other more specific criteria that apply in certain circumstances only, such as for onshore applicants who do not hold a substantive visa at the time of lodgement of their application (a substantive visa is any visa excluding a bridging visa , criminal justice or enforcement visa).
An additional requirement for onshore partner visa applications is outlined below.
If you apply onshore and you either hold, or the last substantive visa that you held was one of the following:
you must have held that visa for at least 2 years.
If an onshore application is made and you either hold, or the last substantive visa that you held was one of the following:
you must have held that visa for at least 3 years.
If you hold one of the following visas:
or the last substantive visa you held since entering Australia was one of the following visas:
you must have substantially complied with the conditions to which that visa was subject.
You need to apply for spouse visa Australia online at ImmiAccount (unless the Department has authorised lodgement of a paper application, which occurs in limited cases). The visa application requires the applicant to complete Form 47SP, and your spouse must lodge a Form 40SP for the sponsorship application.
You must provide all required supporting documents by attaching them to the online spouse visa application Australia. Immigration will communicate with you in relation to your application through ImmiAccount, and you can also use the online portal to prepare and submit any relevant forms (e.g. to notify a change of circumstances or a new passport).
If an immigration professional prepares the application form for you, they will do so using their organisation’s online account with the Department.
A Final Thought
Partner visas can be complex and require careful consideration of the relevant Australia spouse visa requirements that apply based on the individual circumstances of each case. These applications can be tough to get through and require being fully informed on all requirements as they apply to each application.
To help make this process easier for you and to gain a better understanding of what is involved as part of this process, please refer to our guides on the top reasons for partner visa applications being refused and what case officers look for when deciding partner visa applications. This information will enable you to anticipate any potential issues arising with your own application and to address them up-front at lodgement. This means more chances of the visa being granted and less delay.
Our articles which provide an overview of the partner visa and further detailed information for spouse relationships are also great sources of information to help you through this process.
You can complete our partner visa assessment tool to help to assess whether your relationship is up to immigration standards for a partner visa.
Additionally, you might like to refer to our guides on How to bring your wife to Australia on a genuine partner visa and Can a man get Australian PR if his wife is Australian , which provide further useful information to assist you in preparing and lodging your partner visa application. There you will find some useful information on what the Department considers to be a legally valid marriage in Australia and how to apply for a partner visa, including the costs that you can expect to incur.
The good news is that you don’t have to do it alone. As you can see from the discussion about, applying for a spouse visa can get pretty complicated in most cases. Why is this so? Because relationships themselves are complex. We are all different and so are our relationships. And so applying a standard set of requirements to all relationships can bring up some tricky issues, especially if the individual arrangements deviate from what is normally considered the usual case (if such a thing even exists!). A registered migration agent can help you to delve through the detail contrained in the migration provisions, to clearly and in simple language explain what are the requirements for a spouse visa in Australia. It is vitial to the overall sucess of your partner visa application that you are fully informed about the Australia spouse visa requirements, and how they apply to your own personal situation.
A migration expert not only has the training, skills, qualifications and experience to competently advise you on this process, but they also have access to a wealth of information sources, to keep on top of developments in migration law as they arise (which occurs often!). Staying up to date and abreast of the latest changes to the migration laws and policy is critical to maximise your chances of a successful outcome on your application. Take the stress out of the process and give yourself peace of mind by leaving it in the hands of a professional to take care of your application for you. And with the coming changes to the partner visa application process discussed above, it is now more important than ever to be on top of the latest developments and what is expected to come in the pipeline. Anticipate and plan for changes before they happen and stay ahead of the pack by seeking expert assistance and advice today.
To learn more about how the team of professionals at PAX Migration Australia can assist you, reviews and testimonials from our clients about what they have to say about us, and why obtaining professional advice and assistance from a migration expert can be beneficial in achieving a successful result on your spouse visa application Australia, please see the below articles:
To find out if you are eligible to apply for a spouse visa Australia, contact us on 08 7226 2225 or mail@paxmigration.com.au and book a consultation for personal and tailored advice specific to your circumstances.
We have prepared a series of articles to provide further information about the partner visa program and how it operates, including the partner visa application process and eligibility requirements. Please see the links below for more information.
Australia’s migration laws are complex, and each case is different. There are also several terms which are defined in the migration provisions (and whose meanings may differ from their ordinary usage). We recommend that you seek professional advice to learn about what are the requirements for a spouse visa in Australia if you are seeking to apply for a partner visa in Australia, as being fully informed will give you the best chance of achieving a successful outcome on your case. A migration professional can help you to do this.
For up to date advice on the partner visa application process and spouse visa requirements, book your confidential consultation with a migration agent in Adelaide. PAX Migration Australia is a leading immigration advice service based in Adelaide.
Australian Government – Services Australia – Individuals – Medicare
Australian Government – Department of Home Affairs – Immigration and citizenship – Settling in Australia – Adult Migrant English Program (AMEP)
Australian Government – Department of Home Affairs – Immigration and citizenship – Help and support – Applying online or paper – Applying online in ImmiAccount
Posted on: 29-06-2021
Con is Managing Director of PAX Migration Australia, specialising in employer sponsored work visas and corporate immigration services. He is a recognised leader in the immigration advice industry, regularly presenting to stakeholders and practitioners at conferences and professional development seminars. He also provides training to HR managers on immigration law and policy and delivers continuing professional education to immigration advice practitioners. Con is the immediate past Vice President and South Australian State President of the profession's highly respected peak body, the Migration Institute of Australia, where he served on the board and regularly engaged with Ministers of state and federal governments as well as senior officials within the Department of Home Affairs and state migration departments. Con also regularly engages with other stakeholders in the Australian immigration ecosystem, advocating for improved policy outcomes, particularly for employers and migrants in regional areas. Con is a dedicated and passionate immigration consultant, with deep knowledge of Australia's immigration system. He is best placed to provide employers with advice about how to utilise the immigration system to improve workforce outcomes and solve skill shortages for businesses large and small. Some of Con's career highlights: • Chair of the Migration Institute Temporary Visa Program Advisory Panel 2024 • National Vice President of the Migration Institute from 2021 - 2023 • South Australian State President of the Migration Institute from 2019 –2023 • Member of the South Australian Ministerial Advisory Council for the Minister for Innovation and Skills 2020 – 2022 • Provided testimony to the Commonwealth Joint Standing Committee on Migration on four occasions across 2019 - 2023 • Provided testimony to the South Australian Economic and Finance Committee inquiry into the economic contribution of migration to South Australia 2019 • Chair of the MIA Regional Migration Committee from 2019- 2021 • Current member of the South Australian State MIA Committee 2023-2025 • Honorary Treasurer of the Migration Institute 2020 - 2021 • Member of the MIA Regional Migration Committee 2019 –2023 • Organiser and host of the South Australian State Migration Conference in 2020 • Participated in numerous stakeholder meetings with state government, regional stakeholders, Home Affairs and the Commonwealth government advocating and advising on regional issues • Worked closely with the South Australian Government and the then Minister for Innovation and Skills, to develop the first South Australian Designated Area Migration Agreement 2018-2020 • Holds a Bachelor of Laws and Graduate Certificate in Migration Law, a Bachelor of Commerce and is a member of the Chartered Accountants Australia New Zealand
