SPOUSE OR PARTNER VISA FOR AUSTRALIA
A spouse visa can be applied by a spouse or a de facto partner, or a fiancée/fiancé of an Australian citizen, Australian Permanent Resident, or an eligible New Zealand citizen. The application for spouse visa should be sponsored by an Australian resident spouse or de facto partner for a minimum of 2 years.
The spouse visa/partner visa, can be applied either from within Australia or from India. Two applications need to be filed simultaneously – one for Temporary Visa and the other for Permanent Visa. Permanent Visa application gets processed after both the partners have lived together in Australia for 2 years.
The sponsored spouse is eligible to live and work in Australia on the Temporary Visa. After having lived in Australia for 2 years with temporary spouse visa, the sponsored spouse will be entitled for Permanent Partner Visa after an assessment of eligibility. In some cases, the spouse visa can be granted even if the partner relationship has ended.
While one partner visa application may be filed for both temporary and permanent partner visas in on application charge, it would be processed by DIBP (Department of Immigration and Border Protection) in two stages, after 2 years.
If the Spouse visa is filed from outside Australia, and a temporary spouse visa is granted, then after 2 years, if a genuine relationship continues to subsist between both the partners, the sponsored would be eligible for the Permanent Visa.
BENEFITS OF PARTNER VISAS -
The sponsored spouse can work, study and stay in Australia until his/her permanent partner visa is decided upon. However, he/she cannot apply for government funding for studies in Australia. One can also avail healthcare facilities.
When applying for Spouse Visa from within Australia, the sponsored partner can include dependent children who are in Australia, in his/her partner visa application, but not other dependent relatives.
After a Permanent Visa is granted to the sponsored partner, he / she can work, study and live in Australia permanently, apply for Australian citizenship, Sponsor relatives for Australia PR, Receive social security payments, Travel in and out of Australia for 5 years. After a lapse of 5 years, a fresh visa may be required to enter Australia.
BASIC REQUIREMENTS TO APPLY FOR SPOUSE VISA TO AUSTRALIA FROM INDIA
The application for spouse visa can be filed, only if below mentioned requirements are met.
Both partners or spouses must have been of 18 years of age or above.
The applicant must be either a spouse or a de facto partner or future husband/ wife of an Australian citizen, or Australia Permanent Residency Visa holder, or an eligible New Zealand Citizen.
The sponsoring spouse must sponsor you for at least 2 years.
In case, you are married, your marriage must be recognized as valid under Australian Law and should be over 12 months at the minimum.
In case, you are in a de facto relationship, your relationship must have been at least 12 months old.
You both must prove your relationship is genuine and committed.
You must meet the health and character parameters.
You may be asked to prove the genuineness of your relationship during an interview. You can provide photographs, joint bank account statements, joint investments etc. as a proof.
If you meet the above criteria for applying a Spouse Visa (Partner Visa), you can apply for the same from India. You can either apply online by creating an ImmiAccount on Immigration Authorities Site of Australia or courier your application and documents to Australia Immigration Office (DIBP).
EXCEPTIONS WHEN PERMANENT PARTNER VISA IS GIVEN BEFORE 2 YEARS
Though Permanent Partner Visa is not generally given to a spouse without living in Australia for 2 years, there are exceptions.
If you are in any one of the below mentioned circumstances, you can apply for a permanent partner visa, without living in Australia for 2 years.
You are married or in de facto relationship with your spouse/ de facto partner for 3 years or more at the time of application for permanent partner visa or
You are married or in de facto relationship for 2 years or more and have child from the relationship or
Your spouse is issued Australia Permanent Residency under humanitarian program or
Your spouse is issued protection visa and in either of the cases, you are in a relationship / married to your spouse before visa issuance and the same has been declared to the Australian immigration office.
If you or your family member is inflicted with domestic violence
If your spouse deceased and you can prove that you could have continued with the relationship if only your spouse lived. Also, if you can prove you have close personal, cultural and business bonds with Australia, your case could be considered.
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