Spouse Visa

Spouse Visas - General Information

The Family Stream of Australia's Migration Program enables the reunion of immediate family members such as spouses, fiancé(e)s, interdependent partners, dependent children, adopted children, stepchildren, and certain other members of extended families such as parents, orphan relatives, carers, aged dependent relatives, and remaining relatives.

The information provided herein is drawn from DIMA Fact Sheet 28, updated 10 October 2001. This information covers, in general terms, the migration procedures for Partners, which includes Spouses, Fiancé(e)s and Interdependent Partners.

Spouses

For the purposes of migration, the term 'spouse' means the husband, wife, or de facto partner of the Australian sponsor or nominator.

People applying in and outside Australia for permanent residence as a spouse go through a two-stage process, although only one application is necessary.

They apply on the one application for a temporary visa and a permanent visa. If applying in Australia, they apply jointly for a Spouse temporary visa at the first stage and a Spouse permanent visa at the second stage.

De facto spouses must have been in the relationship for 12 months immediately before lodging their application. Throughout the process the Department of Immigration and Multicultural Affairs (DIMA) must be satisfied that the parties are in a genuine spouse relationship.

Usually the permanent visa cannot be granted less than two years from the date of application. However, in certain limited circumstances, it is possible for a permanent visa to be granted in less than two years, for example, where the relationship is 'long-term' at the time of application. This is defined as five years or two years if there are children (excluding stepchildren) of the relationship.
Dependent family members of the applicant, such as children or lone aged relatives, may be included in the application.

Fiancé(e)s overseas

A person overseas who wishes to marry his/her Australian fiancé(e) in Australia may apply for a Prospective Marriage visa.

It is a requirement of a Prospective Marriage visa that the parties have met, and be known to each other in person.

Fiancé(e)s who apply successfully for a Prospective Marriage visa receive a temporary visa which is valid for nine months from the date of grant. They must travel to Australia, marry their sponsor, and apply to remain permanently in Australia within that period. If all requirements are met, applicants will be granted a Spouse temporary visa, followed by a Spouse permanent visa if the relationship is still continuing at the end of two years.

Fiancé(e)s in Australia

People already in Australia on temporary visas are unable to extend their stay in Australia by applying for a visa as a fiancé(e). There is no visa category available to cover this situation. However, if the marriage takes place during the period of authorised stay, the person may be eligible to apply in Australia for a Spouse visa.

Interdependent partners

Interdependency visas are for people who have an interdependent relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The relationship must be genuine and continuing and involve a mutual commitment to a shared life together. The people must also be living together and must not have a spouse or other interdependent partner.

People applying in and outside Australia for permanent residence on interdependency grounds go through a similar two-stage process as for spouses (see above), also covered by one application.

Interdependency applicants are also subject to the 12-month relationship requirement.

Sponsorship and nomination

Partner visa applicants must be sponsored or nominated by their spouse, fiancé(e), or partner. For applications made outside Australia, the main applicant and any dependents included in the application must be sponsored.

For applications made in Australia, the main applicant and any dependents included in the application must be nominated. The sponsor or nominator must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen, and would usually be 18 years of age or older.

There are limits on the number of Partner sponsorships/nominations a person may make, and the time frame in which they may be made. This is relevant if your spouse has sponsored partners previously - or has themself obtained their Australian residence through this visa grouping.

Dependent children

Dependent children are usually included in, and processed as part of, their parent's Partner visa application.

Assurance of support

An Assurance of Support (AoS) is a legal commitment by the assurer to repay to the Commonwealth of Australia any benefits paid to those covered by the assurance in the first two years after migration from overseas or grant of permanent residence in Australia.

Any person applying under the partner category who is assessed by DIMA as at risk of becoming a charge on the Australian social welfare budget may be required to obtain an AoS.

Should you require further information on this issue or your eligibility under these visa subclasses please refer to the Spouse visa questionnaire.