SPOUSE VISA – Questions and Answers

What is a Spouse visa?

A Spouse Visa Australia is a visa which allows an eligible spouse of an Australian citizen or Permanent Resident to migrate to Australia. There are usually 2 parts to this migration. Typically, the Spouse visa Temporary is processed and granted. Then 2 years after lodging the initial application, you can then apply for the second part. In this part, the relationship is reassessed, and if deemed genuine, a Permanent visa will be granted.

Am I eligible to apply for a Spouse visa to Australia?

To be eligible for a Spouse visa Australia you must be married to (or in a de facto (common law) relationship) with an Australian citizen or permanent resident. Same-sex partners are also eligible either by marriage or de facto. You can get married in Australia or any country as long as the marriage is officially registered in that country.

Should I apply Onshore or Offshore? What is the difference?

Applicants outside of Australia will need to apply for an Offshore Spouse visa (Subclasses 309/100). Applicants in Australia may apply for Onshore Spouse visa (Subclasses 820/801).However, if you are in Australia and thinking of applying Onshore then you also need to check the conditions of your current visa, as there can be a condition attached to some visas that actually block you from applying for anther visa while you are in Australia. If this is the case then you will need to depart Australia and submit your Spouse visa application Australia offshore.

How long does it take to get a Spouse visa for Australia?

The amount of time to takes to apply for Spouse visa Australia depends on many factors including where you apply, how many applications are currently being processed and whether there are any aspects of your application that need special attention. Processing times can differ depending on whether you apply in Australia or offshore, and if you apply offshore, which country/Embassy is processing your application. Applications are usually processed in the order in which they are received, so if there are many applications in the queue already when you submit your Spouse visa application Australia, then you may have a longer wait time. If you application is not complete or has issues that need special attention (like character or health, or even evidence of the relationship) then that will almost further delay the processing time. Currently, across all types of Spouse visa jurisdictions, approximately 75% of applications are processed within 16 to 20 months, and about 90% of applications are processed within 20 to 27 months, and the trend is that every year applications are taking longer and longer to process – so make sure that when you apply for Spouse visa Australia your application is well prepared, and consider getting professional help.

How much does a Spouse visa cost in Australia?

Currently, the Spouse visa Australia cost is $7715. This is the case whether you apply in Australia or overseas. This fee does not include other third party costs for things like the Visa Medical, and obtaining and translating documents. If you want to include dependent children in your application there will also be added fees. The Spouse visa Australia cost has been known to change from time to time, with the last rise in July 2019.

Can Spouses work in Australia?

If you apply for a Spouse visa in Australia you will be granted a Bridging visa which will allow you to work while your Spouse visa application is processing. Whether you apply on or offshore, if your Spouse visa is granted you will have full work rights attached to your visa.

Do age gaps matter in Spouse visa applications?

No, not it itself. Regardless of age difference, it is all about showing that you and your spouse are in a genuine and continuing relationship, as well as meeting all other relevant eligibility criteria.

What if the sponsor has sponsored someone to Australia before?

You may not be able to sponsor your Spouse if you have previously sponsored 2 other partners, or have sponsored another partner within the last 5 years, or were sponsored as a partner yourself within the last 5 years.You may still be permitted to sponsor your Spouse in compelling and compassionate circumstances. For example, if your previous partner died or abandoned the relationship, and you have young children, or you have been with your current partner longer than two years, or you or your partner have dependent children. A decision on whether to waive the sponsorship limitations can only be made once an application has been submitted. It cannot be decided in advance of lodgement.

Is the Department going to interview me?

Usually there is no interview required, although it is possible. If an interview is requested, this may be conducted either in person or by phone. If you are getting assistance from a Migration Agent such as us here at Australia Visa Advice (AVA), your agent can advise you about the possible questions and appropriate responses. 

Getting Help with Your Partner Visa Application:

It is the law in Australia that all Migration Agents based in Australia must be registered. This is why it’s so important to deal only with Registered Agents! At AVA all of our Migration Agents are registered. Feel free to contact us today! Written by Luke G. ©2019