Getting A Spousal Visa In Australia – that will be the topic of today’s article.
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Introduction
Australia is a popular destination to immigrate to for many people worldwide. With many employment opportunities and high quality of life, it isn’t surprising that so many people want to live and work here. However, the legal options for people coming here as spouses are often long and drawn out.
For those living in Australia on a partner visa, the process of getting permanent residency once they have married their spouse is quite easy. However, for those who are just visiting and fall in love with an Australian while they are here, it isn’t so straightforward.
The first thing that you need to understand is that for many visas, including partner visas, you need to show that you can support yourself, or more commonly your family, without relying on government assistance. This means providing a statement from your employer saying what type of visa you hold and how long it is valid and a copy of your payslips going back the last twelve months.
If both parties are working, this shouldn’t be an issue. However, if only one of you is working, or neither of you is working when the application is being made, you will need to provide a statement from a financial institution saying that they will support your application and how often they will make payments.
Generally, this means paying in three months’ worth of income for everyone in the family, which is a big commitment. Today, we have compiled this article to explain getting a spouse visa in Australia. Not only is that, but we will also walk you through the process of moving to this country, the pros, and more.
How to Get a Spousal Visa in Australia
Getting married is one of the most important decisions in your life. For many people, it’s also an exciting time when two families are blended into one. Maybe you’re already married to someone living in Australia, or maybe you’ve just fallen head-over-heels for a special someone who lives down under.
But what happens if you want to bring your spouse to Australia without having them live here as illegal immigrants? How can you get a spousal visa in Australia? Here are the steps you’ll need to take.
1. Be sure you’re really in Love
Even if you’ve been with your partner for a long time, it’s impossible to know everything about them. Maybe they have a criminal record in their home country that you didn’t know about. If this is the case, you’ll need to consult an immigration lawyer before making any decisions about marriage and getting a spousal visa.
If they have a criminal history, you will need to find out if they can enter Australia without being deemed an illegal immigrant – which could lead to deportation.
2. Discuss Long-Term Goals
Once you’re sure that you and your partner want to spend the rest of your lives together, it’s important to have a serious discussion about what you expect from this life change. Do you hope to settle down in Australia? If so, how long do you plan on staying there? Are there any specific jurisdictions you’d like to stay away from? The more information you have, the better.
3. How Old Is Your Partner?
If your partner is under 18, they’ll need a parent or guardian to help them get a spousal visa in Australia. You might also want to check with the Australian embassy regarding requirements for having your home country’s government issue a letter of consent before you make any other progress.
4. Get Your Paperwork Together
Once you’ve decided to get married, it’s important to start gathering the paperwork that will be needed throughout the application process. If your spouse is moving from outside of Australia, they’ll need to bring their birth certificate along with any other documents that will prove their age.
They’ll also need to have their criminal record certified in whatever country it was issued in, along with a written affidavit for the Australian embassy verifying what type of crime they committed and when. If they’re from a country where English is not the primary language, they’ll need to provide an official translation of all documents.
5. Submit Your Application
Now that you have the necessary paperwork, it’s time to turn everything in and apply for a spousal visa in Australia. If the embassy has any questions about your application, they’ll contact you directly rather than asking your spouse for answers. You can check out Visa First when looking for an expedited service that will get your application processed quickly.
6. Wait For a Response
Depending on how busy the embassy is, it could take anywhere from a few days to several months for them to adjudicate your spousal visa in Australia application. Once the paperwork has been processed and everything looks good, you’ll receive an email or letter with instructions that will allow your spouse to enter Australia.
Requirements to Get a Spousal Visa in Australia
Have you been married for a year or more? Are you looking to bring your spouse to Australia but don’t know the requirements? Here is a list of what you need to do to make sure your request goes through quickly and smoothly.
The Marriage Certificate
Marriage certificates are very important as they show that the relationship is official. This means that you will need to provide a copy of your marriage certificate as part of the application process for the Spousal Visa in Australia. The marriage certificate must be an original or certified copy. You can find out more about getting an original Marriage Certificate here.
Your Birth Certificate
Another important document required and that you’ll need to provide is a copy of your Birth Certificate. We know that many people like to keep their birth certificates locked away in the family home, but don’t forget to take them with you when you make your initial visit to the Australian Embassy or High Commission.
Your Partner’s Proof of Relationship (Detailed)
Your spouse will need to provide proof that your relationship is ongoing. To do this, they will have to show that you have lived together for two years of the last three years. This can be done with bank statements or bills in common or joint ownership of property etc. The couple will also need to show that they have had a child together if they have one.
Your Partner’s Police Certificate
Your spouse will also need to prove that they have not committed any offenses in their past, which would deem them ineligible for entry into Australia. To obtain this certified document, they will need to request it from the authorities over where they live.
A list of countries that are currently exempt is available here. If you are in a country that is not exempt, you will have to follow the process for obtaining your partner’s police certificate. You can find out more about that here.
Your Partner’s Health Certificate
Your spouse should have already provided you with their medical records before applying for Australian Citizenship through Marriage Migration. However, if any further tests are required, they will need to provide these before your application can be processed.
Please note that any health conditions will likely complicate the visa application and lead to an interview or other actions. It’s always best to take advantage of the services of a registered migration agent who has plenty of experience in dealing with Spousal Visa applicants. They will be able to help you through any difficult times.
Eligibility for a Spouse Visa in Australia
A spouse visa is a non-protected temporary visa that allows an Australian citizen or permanent resident to travel into Australia.
Provided that their partner can support them, then on arrival, they will be granted a Bridging A Visa (Subclass 801) which allows them to stay in Australia for up to two years while their application is processed. The eligibility requirements for a spouse visa in Australia are as follows:
- Both partners must be aged 18 years or older
- You must have lived together in a relationship similar to marriage for 12 months before applying. In cases where you cannot provide evidence of this due to exceptional circumstances, the Department will consider your situation on its merits.
- You must have met in person at least once during the previous two years unless one of you was unable to travel because of an accident, illness, or for compassionate reasons.
- You must show any dependents traveling with you are included in your application. This is applicable only when the main visa applicant is younger than 18 years old.
- You must be able to show that the primary visa applicant is on a spouse or interdependency visa, partnered with an Australian citizen or permanent resident, and therefore must provide evidence of this. This also includes secondary applicants who are married or in a de facto relationship with one another regardless of citizenship or residency status.
- You must be in a genuine and ongoing relationship. Evidence of this would include ‘proof of shared assets, life together, and support.’
- The spouse visa is a temporary visa that allows the holder to live in Australia for two years from when they first arrive.
- You can apply for an extension as long as your relationship is ongoing and no other factors exist that may make you ineligible.
