Australian Spouse Visa Explained
There are a variety of different Australian visas that facilitate the migration of ‘spouses’ of Australian permanent residents/citizens to Australia.
Under the category of ‘Spouse Visas’ the Australian Government has 3 types of such visas:
- Spouse Visa – When the sponsor (the Australian permanent resident or citizen) is married to an overseas national.
- Prospective Spouse Visa – When the sponsor (the Australian permanent resident or citizen) is engaged to an overseas national.
- Defacto Visa – When the sponsor (the Australian permanent resident or citizen) and overseas national have been in a defacto relationship for minimum 12 months.
Whilst these three types of spouse visas differ there is a common underlying requirement, which is that there is a ‘genuine and continuing relationship’ between the sponsor (the Australian permanent resident/citizen) and the visa applicant (spouse or de facto) to the ‘exclusion of all others’
In determining whether a ‘genuine and continuing relationship’ exists the Department of Immigration look at 4 factors of the relationship:
- Financial Aspect;
- Household Aspect;
- Social Aspect and
- Commitment.
If you are applying for one of the above mentioned visas it is important to illustrate that on the totality of evidence you have (covering the four aspects of the relationship) the case officer is satisfied you and your partner are in a genuine and continuing relationship.
This may be proven through a variety of ways including:
- Joint bank accounts
- Utility bills addressed to the same address
- Photographs of each other (holiday snaps)
- Letters from friends and third parties
- Joint assets/investments.
There are a variety of factors which determine where you can lodge a spouse visa, for instance:
- If you are applying for a prospective spouse visa you must apply for it offshore;
- You may apply for both the spouse visa and defacto visa inside and outside of Australia;
- Whether you are allowed to lodge your spouse or defacto visa from inside Australia is determined by the visa you hold at the time of lodgment. If you have a visa with an 8503 ‘No Further Stay’ condition then you are unable to lodge your application from inside Australia and must lodge it from offshore.
Please contact us for further information on how to lodge a spouse visa.
