If your Partner is a permanent Australian citizen then you are qualified for a partner Visa that can lead you to have PR in Australia. It’s important to note that the term “spouse visa” is commonly referred to as a “partner visa” in migration regulations because eligibility isn’t limited to married couples. This means that those in a de facto relationship may also be eligible for a partner visa. 

Requirements for Partner Visa

Application Process

• To obtain a Spouse Visa in Australia, you have the choice to apply either from within the country or outside of it. 
• An onshore application requires the submission of Subclass 820/801 Partner Visa application, while the Subclass 309/100 Partner Visa is the equivalent of an offshore application. 
• The Subclass 309 visa can be applied by marrying a permanent Australian citizen.
• The grant of the temporary Subclass 309 visa relies on a valid marriage outside Australia. 
• If you plan to marry an Australian citizen in Australia, you should submit an application for the Subclass 300 Prospective Marriage Visa.

Temporary Spouse Visa

• This visa is granted at the beginning of your stay in Australia and is applicable to onshore subclass 820 partner visa applicants. 
• If you initiate your application from abroad, you can enter Australia once the temporary Subclass 309 partner visa is approved and wait for the final stage of your spouse visa application to be completed.
• With the temporary partner visa, you gain access to Medicare, can work and study without restriction, and travel freely in and out of Australia. 
• Additionally, you may take unlimited English language classes until you reach vocational English, courtesy of the Adult Migrant English Program.

Permanent Spouse Visa

• Once you have submitted your application for a permanent resident spouse visa in Australia, the processing will commence after two years.
• Typically, the entire process takes approximately 3 ½ to 4 years. If you and your spouse were in a long-term relationship when applying for the visa, the two-year waiting period does not apply. Nevertheless, in cases where you and your spouse have a dependent child (barring a stepchild), the wait time would be at least two years. 
• In any other scenario, the wait time may reach up to three years. The processing time may fluctuate due to varied factors, such as the Department’s internal systems and processing priorities. 
• Individual circumstances can also impact the processing time. If the information and/or documents submitted to the Department have inconsistencies or gaps or raise doubts about the claims made in the application, the processing time might extend further. 
• However, there are measures you can improvise upon to enhance your chances of expedited approval of your partner visa. 

Key Requirements To Qualify For A Spouse Visa

Your Relationship

Your marriage must meet the Australian migration laws’ definition of a spouse relationship in order to be eligible for a partner visa. This requirement cannot be satisfied by simply providing a marriage certificate; In addition, the marriage must be recognized by Australian law, particularly if it took place outside of Australia. 

• By and large, candidates should be somewhere around 18 years old, but this is brought down to 16 years on the off chance that specific rules are met. 
• As long as all other requirements are met, same-sex marriages are legal in Australia and can be used as the basis for a partner visa application. 
• To meet the meaning of a companion relationship, you should show a common obligation to a common life as a wedded couple, that the relationship is progressing and certified, and that you are not living forever separated. 
• The Department will take into account things like sharing the responsibility for a lease or mortgage, having friends in common, sharing a house, and knowing about each other’s families and personal histories.
• When submitting an application for a partner visa, it is critical to provide solid proof that your relationship satisfies the criteria for a spouse relationship. This includes evidence of your first meeting’s method, date, and location; how you came to be together; when you jointly moved in; when you tied the knot; during your marriage; a description of your relationship’s domestic life; any time spent apart; major occurrences in your relationship; and the plans you have for your future together.
•  Also, if you want to get an offshore subclass 309 visa because you want to marry your Australian partner before the visa is granted, you need to show that you made plans to marry your partner. 
• The intended wedding date should be shown. Please be aware that this is not an exhaustive list, and the documents you provide will depend on your relationship’s specific circumstances. 

Sponsorship

• Your Australian spouse must be approved as your sponsor before you can get a spouse visa. 
• You must also have a sponsor who is at least 18 years old. If they are not, you can be sponsored by a parent or guardian who is at least 18 years old, an eligible New Zealand citizen, or an Australian citizen or permanent resident. 
• You can currently submit applications for sponsorship and a partner visa simultaneously, but this will soon change. Prior to submitting your partner visa application, your sponsor must be approved.
•  It is essential to plan accordingly because this will most likely result in delays for those who apply onshore. 

Other Requirements

• Those who are applying for the visa onshore but do not have a substantive visa (excluding bridging visas, criminal justice visas, and enforcement visas) must meet additional specific criteria. 
• The applicant must have held a Subclass 495 Skilled Independent Regional (Provisional), Subclass 475 Skilled Regional Sponsored, Subclass 487 Skilled Regional Sponsored, or Subclass 489 Skilled Regional Sponsored (Provisional) visa for at least two years before making an onshore application.

How To Apply For A Spouse Visa

You want to apply for a partner visa in Australia online at ImmiAccount (except if the Division has approved the lodgement of a paper application, which happens in restricted cases). The applicant must submit Form 47SP for the visa application, and your spouse must submit Form 40SP for the sponsorship application.

Through ImmiAccount, Immigration will keep you informed about your application, and you can use the online portal to fill out and submit any necessary forms (such as to notify a change in circumstances or a new passport).

Using their organization’s online account with the Department, an immigration professional will prepare the application form for you.

The Bottom Line 

Don’t worry, you don’t have to go through the process of applying for a spouse visa by yourself. It’s so important to have a qualified partner visa agent to help you. They have the training and experience to explain the Australian spouse visa requirements in a simple and clear way, as well as access to the most up-to-date information on migration laws. This is especially important with the upcoming changes to the partner visa process, so it’s better to be prepared and seek expert advice from migration agent in Adelaide. 

Recommended Read: 10 Questions You Must Ask Your Migration Agent

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