Details One Needs to Know About Spouse Visa

Individuals who are married to permanent residents or citizens of Australia or those who are married to an eligible New Zealand citizen can immigrate to Australia by obtaining a Spouse Visa. This Visa is also known as Partner visa, however, several individuals refer to it as a Spouse one only.  This visa is granted on a temporary basis but can be turned into a permanent one if the relationship is genuine. People who are in a de facto relationship with an Australian citizen for a minimum of 1 Year are also eligible for this visa. The spouse will have to sponsor the individual for two years, after which, if the relationship is continuing, the person can earn a permanent residency in the country. The common law checks the genuineness of a relationship in this way. Let’s know more details about this kind of special visa.

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Visa for Australia

The List of Requirements for A Spouse Visa

Following requirements must be fulfilled to get this visa for Australia:

  • The relationship must be continuing and genuine.
  • The individual and his or her spouse must be committed towards their relationship and promise to share their life as wife and husband. However, they are not required to be legally married.
  • The spouse and his or her better half must live together and must not stay apart permanently or live separately on a regular basis.
  • The relationship shared between the couple must be at least one year old, until and unless they are married to each other legally. This requires a proof that concludes the fact that the individuals have stayed together for at least 12 months.
  • Both the individuals must be 18 years old or above.
  • The spouse who wants the visa must pass the character criteria and the health criteria.

The Procedure Involved and The Rules of Getting the Spouse Visa

The person applying for a Spouse visa can be either from Australia or from any other overseas country. The person who applies from within the country experiences some special advantages though. There are different agencies and experienced person who help individuals with the procedure of obtaining this visa.

Once an individual’s initial application for the visa is granted, he or she will be eligible for obtaining an Extended Eligibility Temporary Visa. This temporary visa allows one to live in the country for another two years. The individuals will also get complete work rights for these two years.

Once the period of two years passes by, the spouse is entitled to apply for an Australian permanent visa, provided that the relationship is still present and is genuine.

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Visa

Exceptions

There are certain exceptional circumstances in which an individual does not need to wait for two years before becoming eligible for obtaining a permanent residence. The circumstances are as follows:

  • If the individual is in a relationship for at least five years before applying for the spouse visa.
  • If there are children from the relationship and the children are dependent on their parents.
  • If the spouse got a permanent visa granted by the humanitarian program or has a protection visa, and was in the relationship before earning the visa. However, the relationship must have been declared in front of the immigration officers at the time when the visa was granted.

In certain cases, permanent residence is granted even if the relationship no longer exists or has ended up before the two year time period. These cases include

  • If the spouse passed away during the two year period.
  • If the spouse and his or her Australian better half have children below 18 years of age.
  • If the individual who requires the permanent residence has gone through any domestic violence during the two years period.

Conclusion

Now that you know everything about an Australian spouse visa, go ahead and apply for one if you want to migrate to Australia with your partner. Make sure to fulfill all these guidelines before taking any further step though.

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