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Australia is the destination of every individual who wishes for a peaceful life. Thousands of immigrants apply yearly and obtain different visas as per their requirements and eligibility. And start living a quality life full of career opportunities, rich in culture, and affordable spending. Today, we will discuss spouse visas in Australia among the many visa categories available. On this visa, one can join their spouse or de facto partner already living in Australia. However, there are certain conditions that need to be fulfilled to become eligible for a spouse visa in Australia. In this guide, we will highlight all those requirements. Also, you will clearly understand the Australian spouse visa process explained in a simple and streamlined manner. Let’s get started!

Australian Spouse Visa Requirements from India 

Spouses living in India and their partners residing in Australia can apply to move to Australia. On meeting certain conditions, applicants can lodge their file under family immigration. The basic requirements to be fulfilled are:

• There is an age limit of 18 years that is applied to both partners.

• Applicant must be in a de facto relationship or be a spouse or fiancé/fiancée of a person living in Australia as a permanent resident or Australian citizen. 

• The duration of de facto relation must be over 12 months

• The married couples must have legal documents valid by Australian law, and the marriage must be 12 months old.

• The partner must sponsor the applicant for a minimum of two years. 

• Applicant must have health and character certificates. 

• Must have valid proof of a committed and genuine relationship.

• Must be outside Australia when applying

Temporary and Permanent Partner VISA - Apply Offshore

Obtaining an Australian spouse visa is a two-phase process in which an applicant first applies for a temporary visa (subclass 309). After completing a specific period in Australia, they can apply for a permanent visa (subclass 100). Now, it’s time to explore both subclasses in detail.

1) Subclass 309: Also known as a provisional visa, you can stay, work, or study anywhere in Australia until the application for your permanent visa gets approved. There are full rights to travel inside and outside Australia with this visa. In some instances, provisional visa holders can also join free English language classes if eligible. 

Eligibility

• Must be outside Australia when going to apply

• Must have an approved sponsor (usually spouse or partner)

• Must be under the right age (minimum 18 years old)

• Meet relationship (be a spouse or de factor partner of Australia PR holder or citizen), health, and character requirements

• No debt to the Australian Government

How to apply

Step 1 - Arrange documents

• Identity documents - Birth certificate of both partners for name verification, copy of the front page of the applicant’s current passport having a photo, personal information, passport issue & expiry date, nationality card/Aadhar card.

• Character documents - Police clearance certificate

• Relationship evidence - marriage certificate, combined household bills, marriage photographers, messages history, WhatsApp chats, and more proofs.

Once you collect all the documents, scan and photograph them for further Australia spouse visa process. 

Step 2 - Apply for the visa

Applicants must apply online through ImmiAccount at the Australian Government Department of Home Affairs site. If you are a first-time applicant, create an account and lodge your application under the family stream. The next step is to choose the Partner or Prospective Marriage Visa option and complete the application. Pay Australia spouse visa application fees ($8,850) and submit your application. Applicants also need to attach supporting documents once they apply. 

Step 3 - Schedule health examination and other appointments

You must schedule your health test after successfully submitting the spouse visa application. The corresponding authority submits your health report to the Australian immigration authority. You might be asked for biometrics, so be prepared. 

Step 4 - VISA Result

On meeting all visa requirements, applicants are granted visas. Immigration officers issue a VISA grant number with the start date. The estimated processing time for a temporary spouse visa in Australia is 5 to 10 months. 

Apply to Sponsor: Applicants must send the transaction reference number (TRN) generated on submitting a spouse visa application to their partner. Through TRN, they apply for sponsorship. Spousal sponsorship is applied online under ‘Sponsorship for a Partner to Migrate to Australia (300, 309/100, 820/801)’. The officials decide and send it in writing to the sponsored applicant. The sponsorship is valid for two years once an applicant is granted the spouse visa. 

2) Subclass 100: Also known as a permanent/migrant visa, you can stay, work, or study as a permanent resident. You have complete access to healthcare plans and sponsor eligible family members. 

Eligibility

• Continue to meet relationship requirements (i.e. must be in an ongoing relationship).

• No debt to the Australian GovernmentGovernment

• Must hold a provisional visa 309

How to apply

Step 1 - Prepare documents

The immigration authorities start processing permanent visa applications after two years of provisional visa (subclass 309) grants. 

Documents needed - Copy of passport showing personal details of the applicant, Australian police certificate, proof of ongoing relationship (marriage certificate, combined bills), and other additional proofs

Step 2 - Apply for the visa

Applicants must log in to “ImmiAccount” and select a new “Stage 2 - Permanent Partner Visa Assessment” application under the family stream. Complete your application and attach supporting documents. You don’t need to pay any application fees. 

Step 3 - VISA Outcome

On successful submission of the application, the authority sends the confirmation and instructs to wait for some time. Generally, the estimated processing time for a permanent spouse visa in Australia is around 2 to 3 years. Once the immigration officers do all the formalities, applicants get visa grants and can live permanently in Australia. 

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We are immigration lawyers specializing in Australian immigration. We provide first-hand assistance and deliver the best knowledge to our clients. Our end-to-end visa services help clients stay calm and confident throughout the process for positive visa outcomes. Our mission is to make the Australian migration path easy for you. Plan your journey to Australia with us and reach the destination.