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The In’s and the Outs of the Australian Spousal Visa

First off you must be legally married to your partner at the time of lodging your application as your partner will more than likely be your visa sponsor. If you were married in a country other than Australia and that marriage is valid in that country, generally it will be recognised as valid under Australian law.

The In’S And The Outs Of The Australian Spousal Visa

But please note that there are some exceptions, such as same-sex, underage or polygamous marriages, which are not lawful unions in Australia.

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If you are not married but are life partners or intend on getting married once you reach Australia give New World Immigration a call and we will discuss the various partner visa options and criteria with you.

To be eligible for a Partner visa on the basis of your marriage, you must:

• be sponsored by an eligible person
• be legally married to your partner (usually your sponsor)and be able to prove that you and your partner have a mutual commitment to a shared life as husband and wife to the exclusion of all others
• show that you have a genuine and continuing relationship with your partner
• show that you and your partner are living together or, if not, that any separation is only temporary
• you will be required to meet health and character requirements which will include a clear medical and criminal record

The Australian Partner Visa falls in the temporary visa stream and will allow you to:

• stay in Australia until a decision is made about your permanent Partner visa
• work in Australia
• study in Australia, but with no access to government funding
• enrol in Medicare, Australia's scheme for health-related care and expenses
• dependent children can be included in your application, but not other dependent relatives.

You can include your dependent children in your application, but not other dependent relatives (unless you hold or held a Prospective Marriage visa). Dependent applicants must be in Australia when they apply.

The following conditions must be complied with in every application submitted:

• If you or anyone included in the application has been widowed, divorced or permanently separated: a certified copy of the death certificate, divorce documents, or statutory declaration separation documents.
• Evidence that you and your prospective spouse have met face-to-face as adults and are personally known to each other.
• Evidence that you will marry your prospective spouse within nine months of being granted the visa (such as a letter from the person who will officiate at the wedding).
• Evidence that you and your prospective spouse genuinely intend to live in a married relationship.

You will be expected to submit written statements showing the history of your relationship, such as:

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• how, when and where you first met
• how your relationship developed
• when you became engaged
• joint activities
• significant events in the relationship
• your future plans as husband and wife.
• Your children
• Certified copies of birth certificates or the family book showing the names of both parents of all your dependent children.

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