SPOUSE OR PARTNER VISA
- Australian citizen or permanent resident can sponsor spouse or de-facto partner .Initially the partner will get 2 years of visa under subclass 309 and then in second stage he/she is eligible for permanent visa under subclass 100.
- Under subclass 309, the applicant has to fulfill certain criterion to apply for partner visa. The applicant must have married to the sponsor and such marriage must be valid as per Australian law. As per Australian law same sex and polygamous marriages are not valid. In addition to these criterion, the applicant must fulfill certain requirements in relation to health and character.
- You and your spouse have a commitment to a shared life as husband and wife, whether or not you are legally married, to the exclusion of all others.
- Your relationship is genuine and continuing.
- You and your spouse live together, or don't live separately and apart on a permanent basis.
- Unless you are legally married, you must have been in a spouse relationship for the last 12 months, which usually involves showing that you have lived together during this period
- Generally, you both need to be aged 18 or over.
- You must pass health and character criteria.
RULES AND PROCEDURE
You may either be in Australia or overseas when applying for a spouse visa for Australia, although there are advantages to applying from within Australia. Please contact us for advice on obtaining a spouse visa.
Once your initial application is granted, you will be issued with an Extended Eligibility Temporary Visa. This will allow you to stay in Australia for two years and you will have full work rights during this period.
In some circumstances, it is not necessary to wait the two-year period before applying for permanent residence. This may happen if:
- You have been in the relationship with your spouse for five years or more at the time of application.
- You have been in the relationship for two years where there are dependent children of the relationship.
- Your spouse was granted a permanent visa under the humanitarian program or was granted a protection visa and was in the relationship with you before the visa was granted and this relationship was declared to Australian immigration officials at the time.
After the two-year period, you will be entitled to apply for permanent residence in Australia provided that your relationship still continues.
In some circumstances, you may be eligible for permanent residence even if the relationship has broken up before the end of the two-year period. These circumstances include:
- If your spouse has died during this period.
- If you and your Australian spouse have children under 18 years of age.
- If you or your dependents have been subject to domestic violence during this period.