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Marriage
What is a Spousal visa?
Under Australian Immigration law, applicants must be married or in a de facto relationship with their sponsor.
Sponsors must be one of the following:
Limitations on Sponsorship:
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The number of sponsorships is limited to two at least five years apart.
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If you were sponsored, you cannot sponsor or nominate to Australia a spouse, fiancé or interdependent partner for a period of five years from the time you were sponsored.
Exceptions:
Considering that one of the situations below is relevant to your circumstances, there are some exceptions to the above.
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If your previous spouse or partner has died, or abandoned the relationship leaving young children OR
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If you have formed a new relationship which is long-standing.
Marriages or de facto relationships are considered genuine if you can prove the following:
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Marriages must be valid in country of origin under the Marriage Act of 1961 and cannot be polygamous, between close relatives or contain one or more party under the age of 18 (Australian marriageable age).
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De facto partners and interdependent partners must have been living in a spouse-like relationship for 12 months before applying for a spouse / interdependent visa. There are two exceptions to this rule:
- Your partner was granted a permanent humanitarian visa and was in the relationship with you before that visa was granted and this was declared to the Department at the time OR
- You can establish compassionate and compelling circumstances-these include having dependent children from the relationship.
How does the process work?
The application process is a two-stage one.
Stage 1: Spouse Temporary Visa
To obtain a Spouse Temporary Visa, you will be:
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Assessed based on your application
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May be asked to attend an interview
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Required to undergo a medical examination AND
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Provide character references
Assuming you pass all of the above, you will be issued a Spouse Temporary visa
Stage 2: Spouse Permanent Visa
Approximately two years after lodging your application, you will be considered for a permanent visa.
Special Provisions that can waive two-year period:
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If you have been involved with your spouse for 5 years or more at the time of the application OR if you have been involved with your spouse for 2 years where there are dependent children involved.
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If 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 the Department at the time.
You must prove:
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That you and your spouse have had a genuine relationship between you and your spouse during the two years and still do
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Character references through an Australian police clearance if you have lived there for more than a year
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AND may be asked to attend an interview
If the relationship ends before the second stage:
You must inform the Department immediately.
You may be eligible for a permanent visa without having the normal two-year waiting period, if:
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After entering Australia, the relationship breaks down AND you or a member of your family are the victim of domestic violence committed by your spouse, OR
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After entering Australia, the relationship breaks down AND you or your Australian spouse have children under 18 years of age, OR
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Your spouse dies.
How long will it take?
Processing times can range up to 30 weeks for a marriage/de facto visa.
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