Australian Immigration Lawyer

Spouse Visas

There are four groups of partner migration to Australia; - spouse, defacto, prospective spouse (fiance) and interdependent (same sex relationships). All are granted temporary residence for a two-year relationship trial period. At the end of two year trial period, evidence of continuing co-habitiation is required before permanent residence to be granted.

1. DEFACTO

“Defacto” is a latin term used in Australia to describe a relationship when a man and women live together in a spousal relationship but are not married. Under Australian Immigration Law a “defacto” relationship is 12 months living together as husband and wife to the exclusion of all others. As “defactos” are not married, extensive evidence of co-habitation over a period of 12 months must be provided.

2. PROSPECTIVE SPOUSE

Allows the sponsorship of a fiance to Australia to marry within nine months of arrival or leave the country.

3. INTERDEPENDENT

Allows the sponsorship of same sex partners to migrate to Australia. Extensive evidence of relationship/co-habitation must be provided.

4. ILLEGAL SPOUSE WAIVER

Generally, persons who have remained in Australia illegally cannot make a valid visa application in Australia. However, if an illegal is in a spousal relationship for at least two years and/or has Australian Citizen child(ren) from such a relationship and has not made any prior visa applications, then an application for an illegal spouse waiver application can be made.

5. Onshore Applications in Australia

Only applicants with a valid visa can make applications in Australia (with the exception of those able to make an illegal spouse waiver application can be made). Those applicants who are holding Visitor Visas need to make sure there is no “8503 – NO FURTHER STAY” restriction on the face of the Visitor Visa stamp. If there is a “8503” restriction then the application cannot be made in Australia.

In addition, those applicants who hold student and other temporary visas must show that they have complied with their visa restrictions or their applications will be rejected.

<<Back

The information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult a lawyer for individual advice regarding your own situation.

Immigration Options

Spouse Visas