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Spouse Visa

Spouse Visas

(subclass 309/100 or 820/801)

All couples, regardless of the nature of their relationship will apply for the same partnership visa, either the 309 offshore or 820 onshore spouse visa. Depending on the category of your relationship, will depend on the evidence that you need to show to support your application.

Typically the partner is granted a 2 year provisional visa and at the end of the 2 year period, if the relationship is still ongoing a permanent visa is granted (subclass 100 or 801 respectively).

For couples with children or for those who have been in a relationship prior to applying for over 3 years, the department should immediately grant you the permanent visa.

Married Couples

Become eligible to apply for spouse visas once they have their marriage certificate. It is also a requirement that you live together. If you are married overseas, your marriage must be recognised under Australian law for your to be eligible.

De Facto Couples (including Same-Sex Couples)

Couples must have been in the de facto relationship for at least 12 months prior to applying. In most cases the department interprets this as living together for at least 12 months prior to applying.

Couples must supply a great deal on information to demonstrate the nature of their relationship in the processing 12 months and to show that it is genuine and continuing, this includes financial, social, emotional and household evidence.

It is possible to apply on de-facto grounds if one person is still legally married to a third party (e.g. while awaiting a divorce)

Relationship Registers

The States of Queensland, Victoria, NSW, Tasmania and ACT all have relationship registers that operate through their Departments of Births, Deaths and Marriages. Couples who register their relationships with one of the State registers are treated similar to married couples in that they do not need to show a 12 months history together.

None of the registers will allow you to register your relationship if one party is married to a third party (i.e. awaiting the outcome of a divorce).

Serial Sponsorship

Australian permanent residents or citizens who were either sponsored themselves for a spouse visa or who have previously sponsored another partner are banned from sponsoring another overseas national for 5 years from their previous application date. There is also a restriction that you can not sponsor more than 2 overseas nationals on partner visas.

Both of these criteria (5 years and 2 sponsorships maximum) can be waived in specific circumstances and we have experience in obtaining waivers for both of these circumstances. We would be more than happy to assist you if you find yourself in either of these circumstances.

Application Fees – Onshore or Offshore Spouse (same price for both from 1 July 2015)

Professional Fees – (Standard)

$4000 AUD

Visa – Main Applicant $ 6865 AUD
Visa – Additional Applicant > 18 Years Old $ 3435 AUD
Visa – Additional Applicant < 18 Years Old $ 1720 AUD

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