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Detailed explanation of Australian spouse immigration visa

 04 Nov 2019

Schedule 1 to the 2018 Immigration Amendment (Family violence and other measures) Act came into force on April 17, 2019. And the new MIA news says the new guarantee application process begins on April 17, 2019, starting with temporary parental visas.

Schedule 1 to the above Act amends the Immigration Act to add new content related to guarantee family visas and guarantee visa approvals. The new corresponding clause requires visa applicants to be approved as guarantee before submitting the relevant visa application.

The more influential should be the spouse immigration visa. At present, the guarantee application of spouse immigration and the visa application of visa applicant are submitted at the same time. It is expected that the submission time of future spouse immigration visas will be limited by the speed of processing of guarantee guarantee applications. Although the new content begins with temporary parental visas and does not mention when new family visa changes, such as spouse immigration visas, will begin, it is best to submit applications as soon as possible before the new coup of spouse immigration visas.

Although the new amendment makes some changes in the visa submission procedure and trial time of spouse immigrants, the content of spouse visa has not changed much yet. The following part shows you the basic knowledge of Australian spouse visa.


Spouse visas are intended to enable Australian citizen, permanent residents or eligible spouses or cohabiting partners of New Zealand citizen to obtain visas to live with them in Australia and eventually to obtain permanent resident status.


Relationship required in spouse visa

Spouse relationship Spouse

In immigration law, the definition of spouse is limited to persons with legitimate and valid marriage. If two people register marry according to the corresponding law, they also need:


Fact relationship De Facto Relationship

The term de facto relationship is defined in both family law and immigration law. Although these people do not marry on law, they promise each other to live together to exclude all other people`s partners. In specific cases, it is usually evaluated according to all the circumstances of their relationship, such as:


Guarantee Sponso

The spouse visa applicant must obtain the guarantee of the guarantee. Guarantee people must be Australian citizen, Australian permanent residents or eligible New Zealand citizen. Australian immigration regulations limit the number of guarantee and the interval between the two guarantee to prevent abuse of guarantee eligibility to submit spouse visas. Under special circumstances, similar restrictions may not apply. Details can be consulted with our immigration counselors.


Spousal visa type

Visa for Subclass 300 Prospective Marriage Visa fiance (wife)

The Subclass 300, commonly known as a fiance (wife) visa, applies to applicants who wish to come to Australia with their guarantee marry. The basic requirements for this visa are as follows:


Subclass 309 / 100 & Subclass 820 / 801 Partner Visa spouse visa

According to the Australian Immigration Ordinance, the trial of spouse visa is divided into two stages, including temporary visa trial and permanent visa trial. Spousal visa applicants actually submit two visa applications at the same time, using the same application form and paying only one visa application fee (currently law requires a spouse visa to pay only the visa application fee for temporary visa applications in the first phase), and the applicant must be guarantee by his spouse or cohabiting partner.

The type of visa submitted by applicants outside Australia is Subclass 309 (temporary visa) / 100 (permanent visa), and the visa type submitted by applicants in Australia is Subclass 820 (temporary visa) / 801 (permanent visa).


Duration of relationship to meet the eligibility of a spouse for a visa

For formal marriage, law, there is no specific requirement for applicants and guarantee people to maintain marriage relationship before submitting their visa applications. However, for applicants who apply as cohabiting partners, the cohabitation relationship between the applicant and the guarantee will have to last for at least 12 months before most cases are required to submit a visa application. In a few cases, the 12-month requirement can be waived. For example, the applicant and guarantee registered relationship according to the law of the designated state or territory. Of course, if you want to know the details of the specific exemption, you still have to consult our consultant.


Temporary and permanent visas

After submitting the visa application, the eligible applicant will first obtain a temporary visa. The visa corresponding to overseas applicant is Subclass 309, and the visa type corresponding to domestic applicant is Subclass 820. During the holding of a temporary visa, the applicant can live in Australia, work and obtain Medicare. Two-year waiting period and long-term spouse relationship

Most temporary visa holders are not eligible for a permanent visa until two years after submitting their visa application. The Visa Officer will examine whether the applicant and the guarantee have maintained good relationship over the past two years in the second stage. If the applicant still meets the requirements of the spouse visa after two years, the applicant will be eligible to complete the application for a permanent visa and eventually obtain a permanent visa. Subclass 820 visa holders will receive Subclass 801 visas, while Subclass 309 visa holders will receive Subclass 100 visas.

If the visa applicant and the spouse or cohabiting partner of the guarantee at the time of submitting the visa application relationship meet the definition of long-term relationship in the relevant regulations, the applicant shall not be subject to the above two-year waiting period. This means that applicants in relationship, a long-term spouse or cohabiting partner, are eligible for a Subclass 801 or Subclass 100 permanent visa directly. According to the current immigration regulations, the status of compliance with the long-term relationship definition is as follows:


To sum up, the application for a spouse visa must be supported by proof of the authenticity of the spouse or de facto relationship. The immigration legislation has also set provisions to impose severe penalties on those who participate in purposeful marriage or de facto relationship to help others obtain Australian permanent resident visas. Although the definition of spouse and de facto relationship is common to all visas, visa officers are particularly strict about the relevant conditions in spouse visas.

We often see cases of spousal visa refusal due to lack of evidence in case law, and it is not uncommon for legal couples to find ways to prove the authenticity of relationship.


Source: Australian Learning Group

*This article does not represent the views of us.

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