Australian Spouse Visa

To obtain a Spouse Visa to Australia must be married to an Australian citizen Permanent resident or eligible New Zealand citizen or have been in a de facto relationship (common law) with one for at least 12 months.

And for a period of two years, your spouse may sponsor you. After this, if the relationship is still genuine and continuing, you can be eligible for permanent residence.

Requirements to be eligible for a spouse visa to Australia:

  • It must be you and your spouse has a commitment to a shared life as husband and wife, whether or not you are legally married, to the exclusion of all others
  • That your relationship is genuine and must be continuing
  • Must be living 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
  • Must be generally, you both need to be aged 18 or over
  • And must pass health and character criteria.

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.

And that 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. And In some circumstances, it is not necessary to wait the two-year period before applying for permanent residence. This may happen if:

  • The relationship with your spouse has been for five years or more at the time of application.
  • That the relationship for two years where there are dependent children of the relationship.
  • And that 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.

For some point, you will be entitled to apply for permanent residence in Australia provided that your relationship still continues after the two-year period. But in some circumstances, the relationship has broken up before the end of the two-year period you may still be eligible.

These circumstances include:

  • If your spouse has died during this period.
  • If you and your Australian spouse have children less than 18 years of age.
  • And if you or your dependents have been subject to domestic violence during this period.

Reference: http://www.migration.sa.gov.au