Getting a Spouse Visa Australia

In order to be eligible for a Spouse Visa Australia, immigration laws state that you have to be married to or you should be in a de facto relationship with an Australian citizen or a permanent resident in the country. Under the law, your spouse or your partner will need to sponsor you for two years, after which time you become eligible for permanent residence if you’re still together.

Eligibility

You are eligible for a Spouse Visa Australia once you prove that your relationship with your spouse is genuine and continuing. You will also have to show the government that you live with your spouse on a permanent basis. You will also need to pass certain health and character tests. Finally, both you and your spouse should be at least 18 years old at the time of the application.

Even when you’re not legally married, you can still apply for Spouse Visa. Your eligibility will be based on your relationship with your common law partner. You should be in a de facto marriage for the past twelve months. This will involve providing proof that you live together during the said period.

Application process

There are two stages in applying for a Spouse Visa. You will need to apply for both temporary and permanent visa at the same time. For both instances, if you submit your application outside the country, you have to be outside Australia when your visa gets granted. Conversely, you have to Stay in Australia if you lodge your application there.

With a Spouse Visa Australia laws will allow you to travel to and from the country. You can also work and setup permanent residence there as you see fit. This also applies with a temporary visa. During the two-year wait period for your permanent visa, you will be allowed to seek employment in Australia and be with your family.

Waiving the Waiting Period

In many cases, you cannot be granted permanent residence before the two year wait period is up. However, there are situations where in a Spouse Visa Australia is granted particularly if you meet certain criteria when you applied for your visa.

You can have the waiting period waived at the time of your application if you satisfy the following requirements:

• You have been in a relationship or you have been married to your spouse for five years or longer when you submitted the application.
• If you’re in a de facto relationship, you need to prove that you have been with your partner for two years and that you have children borne from that relationship.

The Immigration laws state that for you to be granted permanent residence, you and your partner should stay together for the duration of the wait period. But there are also conditions where in you are still eligible for permanent residence even when your relationship has ended within this time.

You can still get a Spouse Visa or permanent residence if your spouse died within the wait period. If you have broken up with your spouse, you can still get a visa provided that you have children who are under 18 years old from that relationship.

You can apply for your Australian visa overseas although it is more convenient to do so within the country.

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