Spouse Visas

If you are married to an Australian citizen, a permanent resident or an eligible New Zealand citizen or have been in a de facto relationship with someone who fits into one of these categories, you may be entitled to a Spouse Visa.

This visa allows you to enter or remain in Australia in the basis of your married or de facto relationship with your partner on either:

• A temporary visa (usually for a waiting period of 2 years from the date of application
• A permanent visa if, after the waiting period your relationship still exists and you are still eligible for this visa.

In addition, your partner must provide sponsorship for you.

Eligibility

In order to be eligible for a spouse visa to Australia, it is necessary to satisfy the following requirements:

• You and your spouse must have a commitment to a shared life as husband and wife, to the exclusion of all others.
• Your relationship must be genuine and continuing
• You and your spouse must live together and any separation must only be temporary.
• If you are not legally married, then it will be necessary to show that you have been in a spouse relationship for the last 12 months.
• It is also necessary to pass the heath and character requirements.

Additional information

Applicants can be either in Australia or overseas when applying for a spouse visa. Once the initial application is accepted, applicants will be granted an Extended Eligibility Temporary Visa which entitles the applicant to stay in Australia for two years during which full working rights will be conferred.

In certain circumstances, it is possible to apply for permanent residency without having to wait the 2 year period. This is possible under the following circumstances:

• If you have been in a relationship with your spouse for five years or more at the time you apply
• If you have been in the relationship for two years and there are dependent children
• If your spouse was granted a permanent visa under the humanitarian program, or was granted a protection visa and you were in a relationship together before the visa was declared and the relationship was declared to the immigration officials.

After the two year period, you will be eligible to apply for permanent residence in Australia on the condition that you are still in a relationship.

There are some circumstances where an applicant may be entitled to apply for permanent residence in Australia if the relationship is dissolved before the end of the two year period. This applies to the following circumstances:

• If your spouse has died during this period
• If you and your Australian spouse have children under 18 years of age
• If you or your dependents have been subject to domestic violence during this period