Australia Partner Visa (in 2024): All You Need to know!

Australia spouse visa allows married or de facto partners of Australian citizens, permanent residents, or eligible New Zealand citizens to live and work in Australia. It is a two-stage process, starting with a temporary visa (subclass 820 for onshore applicants or subclass 309 for offshore applicants), which leads to permanent residency through a permanent partner visa (subclass 801 or 100).

Applicants must provide evidence of their genuine and ongoing relationship and meet character and health requirements.

What is an Australia Spouse Visa?

Australia Spouse Visa (Subclass 100), also known as the Partner (Migrant) visa. It allows the de facto partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia permanently.

The Australian Government grants it to individuals who already hold a temporary Partner visa (subclass 309).

Requirements for Partner Visa (Spouse Visa) Australia

To apply for a Partner Visa in Australia, you must meet certain criteria. You need to either be married, engaged with plans to marry, or living in a de facto relationship. No matter the relationship type, you'll need to show evidence that your relationship is genuine and committed.

You can apply while in Australia (for visas 820/801) or from outside the country (for visas 309/100). If you apply from within Australia, you may be granted a bridging visa, allowing you to stay in the country until your application is processed. If you're applying for a Prospective Marriage Visa (also called a fiancé visa, subclass 300), the application must be lodged while you're outside Australia.

The process involves two stages: first, applying for a provisional visa and later, a permanent visa. You can sponsor up to two overseas partners in your lifetime, but there must be at least five years between each application.

Types of Spouse Visa

Australia offers visas for citizens, residents, and eligible New Zealanders to reunite with their partners in Australia, either temporarily or permanently. Here are a few types:

The Best Visa Type

Processing Time of Australia Spouse Visa

Reasons for Delay in Visa Approval

Your application might experience delays if:

• Incorrect or incomplete information is provided.
• Necessary documents are missing.
• Additional information is required from you.
• Verification of your information takes time.

Get a spouse visa in a limited time

Eligibility Criteria for Australia Spouse Visa

• Online Application for Partner Visa: You need to submit your visa application through ImmiAccount, the Australian government’s online immigration system.
• Online Sponsorship by Your Sponsor: Your sponsor (usually your partner) also needs to lodge a sponsorship application through their ImmiAccount.
• Evidence Supporting Your Relationship: Provide proof of your relationship to show it’s genuine and ongoing. This can include joint bank statements, photos, correspondence, or travel records.
• Character Checks: Both you, your sponsor, and any dependents over 18 must submit character checks (such as police certificates), valid for up to 12 months.
• Health Checks: You and your dependents will need to complete required health checks to ensure you meet the health requirements for the visa.
• Evidence of Relationship with Dependents: If you have children or dependents, provide documents showing your relationship with them, such as birth certificates or custody orders.
• Evidence of Dependents' Dependency (if over 18): For dependents over 18, you must show proof of financial dependency, such as education enrolments, financial support, or other relevant documentation.

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Documents Required for Spouse Visa Australia

To apply for a Spouse visa for Australia, you must submit a comprehensive set of documents. This is necessary to support your application. Required documents may vary, but commonly requested ones include:

Identity and relationship proof:

• Passport Bio Pages
• Marriage certificate (if applicable)
• Children's birth certificates (if applicable)
•  Character verification:
• Police clearance certificates
• Form 80: Personal particulars for character assessment

Health assessment:

• Medical examination reports conducted by a panel physician
• Evidence of genuine relationship:
• Joint bank account statements
• Rental or property ownership documents
• Shared utility bills or financial commitments
• Correspondence or proof of joint travel or holidays

Financial capacity proof:

• Bank statements
• Employment contracts
• Tax returns
• Business documents

Sponsor's documents:

• Proof of Australian citizenship or permanent residency
• Form 40SP: Sponsorship for a partner to migrate to Australia

Assurance of Support (AoS):

If necessary, the sponsor must provide an Assurance of Support (AoS). This demonstrates their financial capability to support the applicant during their initial stay.

Australia Subclass 489 Visa

Total Cost Breakdown

Other costs

• Medical Examination: Approximately $500 per adult and $350 per child.
• Biometrics Collection: Fee paid to Australian Biometric Collection Centres or overseas service providers.
• Police Checks: Fees vary based on the countries where you've lived for 12 months or more in the last 10 years.
• Document Translation: Fees vary based on the service provider.
• Tribunal Application Fee: $3,374, with a possibility of a 50% refund if the tribunal accepts the relationship as genuine.

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How to Apply for Australia Spouse Visa

1. Subclass 309

Step 1: Preliminary Preparation

Before initiating your application, familiarize yourself with essential information and potential prerequisites.

Step 2: Document Compilation and Preparation

It's important to provide all necessary documents with your application for faster processing. Health examinations and police certificates can be obtained before applying. However, updated checks may be necessary if significant time has elapsed since the initial assessments.

Ensure the accuracy of all provided information, as authenticity is paramount. As an applicant, it's imperative to verify your identity and furnish genuine details. Refer to the guidelines on providing accurate information for further clarity.

Step 3: Visa Application Submission

Submit your application online while residing in Australia.

Step 4: Post-Application Procedure

Receive confirmation upon successful submission of your application.

Step 5: Visa Decision Notification

You may be inside or outside Australia when the decision on your temporary visa application is reached. Notification of our decision will be conveyed in writing.

Upon visa approval, you will receive details including the visa grant number, start date, and any conditions. Retain a copy of this decision for your records.

In the event of visa refusal, reasons for the decision will be provided, along with information on your review rights. Application fees are non-refundable in case of refusal.

2. Subclass 100

Step 1: Pre-application Review

If you were immediately granted a permanent Partner visa (subclass 100) after your temporary Partner visa (subclass 309), no additional documents are needed.

Step 2: Document Preparation

You qualify for the permanent Partner visa two years after applying for both temporary and permanent partner visas. After this period, gather and prepare all required documents. Ensure accuracy and completeness to expedite processing.

Step 3: Visa Application

After two years from your initial application, submit your documents for the permanent Partner visa stage. Avoid attaching them before this timeframe.

Step 4: Application Management

Use ImmiAccount to track and manage your visa application. Refer to guidance on using ImmiAccount for online applications.

Step 5: Visa Decision

You can be inside or outside Australia when the decision on your permanent Partner visa is made. The authorities provide their decision in writing. It includes details such as your visa grant number, start date, and conditions.

Retain a copy of this decision. If the visa is refused, reasons for the refusal will be communicated along with information on review rights. Application fees are non-refundable in case of refusal.

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Difference Between Temporary and Permanent Spouse Visa Australia

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Cost/Fees of Applying for a Spouse Visa

Subclass 309

Costs for this application vary depending on your situation and the type of visa you have. Here are the fees:

• Main applicant: AUD8,850.00 for the main applicant.
• Prospective Marriage visa (subclass 300) holders: AUD1,475 for the main applicant.
• Former Prospective Marriage visa holders who didn't apply for subclass 820 and 801 visas before expiry: AUD1,870 for the main applicant.

Additionally, there's a fee for each family member applying with you. Your application won't be processed without the correct visa application charge. You may also need to pay for health checks, police certificates, and biometrics.

Subclass 100

The cost of this visa was covered when you applied for both the temporary and permanent partner visas together. Additional expenses may be incurred for health or police checks.

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What are the Main Exceptions for a Permanent Partner Visa in Australia?

Exceptions to the requirement of living in Australia for two years with your partner to transition from a temporary to a permanent partner visa include if you:

• Can prove a relationship or marriage of 5 or more years with your Australian partner.
• Have dependent children in your relationship, and the relationship duration exceeds two years.
• Were in a documented relationship with your spouse before they obtained a protection or permanent visa

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Australia Vs. USA Immigration

What Documents Should I Provide as Evidence of Identity and Marital Status?

How Can Kansas Help?

Kansas Overseas provides comprehensive assistance for various visas. It covers Permanent Residency, Work, Study, Temporary, and Dependent Visas across several countries like Canada, UK, USA, Germany, and Hong Kong. For Australian Dependent Visas, our services ensure to meet your needs at every step:

Profile Evaluation:

We conduct a detailed analysis of your profile and that of the primary applicant. It ensures a thorough understanding and enhances your chances of visa approval.

Professional Guidance:

Our experienced experts assist you in completing any incomplete aspects of your profile. They expedite the process by four times, ensuring prompt visa application submission.

Visa Filing:

We carefully prepare and submit your visa application. We ensure to comply all standard requirements given by the respective immigration authorities.

Document Review:

Our team verifies all documents. It includes those of your family members. We ensure that everything is complete, accurate, and in line with the immigration requirements.

Interview Training:

We provide guidance and support in preparing for interviews. It will help you and your family members answer crucial questions that validate your relationship.

Ongoing Support:

Beyond the visa application process, we offer continued assistance. This can be interview training, language courses, or providing samples for resumes and cover letters.

Post-Landing Services:

Once you've received your visa, we assist you in settling down in the new country. We offer customized services to meet your specific requirements and ensure a smooth transition.

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Other FAQs 

1. What are the health insurance requirements for the spouse on an Australia Spouse Visa?

Adequate health insurance is necessary. If eligible, the spouse can access Medicare. If not, private health insurance is recommended to cover medical expenses.

2. What are the processing fees for the spouse on an Australia Spouse Visa?

The processing fee is AUD 8,850.00.

3. What are the processing fees for the sponsor on an Australia Spouse Visa?

There is no separate processing fee for the sponsor. It is included in the applicant's visa processing fee.

4. What are the work rights for the spouse on an Australia Spouse Visa?

The spouse is allowed to work in Australia both on a temporary (Subclass 309) and permanent (Subclass 100) visa.

5. What are the obligations of the sponsor on an Australia Spouse Visa?

The sponsor must provide financial support. Also, he/she must ensure adequate accommodation and provide police clearance certificates. He/She should also sign a sponsorship undertaking to support the spouse.

6. What are the financial support requirements for the spouse on an Australia Spouse Visa?

The spouse must show financial capacity through:

• Bank statements
• Employment contracts
• Business documents.

7. Can a registered migration agent help me become an Australian permanent resident?

Yes, a registered migration agent can assist with the application process to become an Australian permanent resident.

8. Can an eligible New Zealand citizen sponsor a partner in Australia?

Yes, an eligible New Zealand citizen can sponsor a partner for an Australian spouse visa.

9. What are the accommodation requirements for the sponsor on an Australia Spouse Visa?

The sponsor must ensure the spouse has suitable accommodation in Australia.

What is a Temporary Partner Visa? (H2)

Temporary Partner visa (Subclass 309) allows the partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live temporarily in Australia. It's the initial step towards obtaining a permanent Partner visa. Applicants need to apply from outside Australia.

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What are the rights of the spouse on an Australia Spouse Visa?

The spouse has the right to work, study, and access Medicare (if eligible) in Australia.

What are the limitations of the spouse on an Australia Spouse Visa?

On a temporary visa (Subclass 309), the stay is limited until the permanent visa is granted. The permanent visa (Subclass 100) has no specific limitations but must comply with visa conditions.

Can you visit your partner in Australia whilst the Subclass 300 visa is being processed?

Yes, you can visit your partner in Australia while your Subclass 300 visa is being processed.

What are the eligibility requirements for the spouse on an Australia Spouse Visa?

The spouse must prove a real and continuing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. You must meet health and character requirements.

What are the basic eligibility requirements for a dependent visa for Australia?

Dependents must be a child or relative of the primary visa holder and provide documents proving the relationship.

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