Spouse Visas - Onshore and Offshore
This visa is intended for individuals who are in involved in relationships.
These visas grant you the right to enter or stay in Australia on the basis of your marriage or a serious relationship with your partner or a spouse either on a temporary basis (visa) – you have to wait for around two years from the moment you applied for visa or on a permanent visa providing that your mutual relationship lasts for longer than that period and you still qualify for this visa.
The subject of this visa are also any qualifying children or other qualifying relatives relying on your support.
Am I eligible for a Spouse Visa – Onshore and Offshore?
Married Applicants - Your marriage has to be legally approved by Australian Law. If you happen to have got married in a country different than Australia and that marriage is considered legal in the given country, generally it will be accepted as valid under Australian law.
Note that there are, however, some exceptions. The Australian law never accepts homosexual, underage or polygamous marriages. In such cases, the spouses are do not qualify for this visa.
De Facto Applicants - You and your partner have to have been in a de-facto relationship for the complete period of 12 months immediately preceding your submitting application and you to have cohabiting for no less than six months immediately before your application. It is possible for same sex couples to apply under this subclass and use identical criteria.
The 12-month requirement may be omitted if (a) you are able to show compelling and compassionate circumstances such as having a child together (b) all of these circumstances apply if your partner does or did hold a permanent humanitarian visa and before their permanent humanitarian visa was issued you were in a relationship with a partner that meets the requirements of a de facto relationship and providing that the relevant department was informed of this prior to the issuing of the permanent humanitarian visa.
Remaining Requirements for a Spouse Visa – Onshore and Offshore
You have to be funded by a qualifying sponsor. A qualifying sponsor has to be an Australian citizen or permanent resident, or a qualifying New Zealand citizen, who commits to sponsorship obligations. More often than not, the sponsor is your partner and is older than 18 years of age.
You and your partner have to demonstrate a mutual commitment to a shared life as husband and wife.. You and your partner have to be cohabiting together or if there is some kind of separation it can only be temporary. You also have to show the willingness to continue living in a relationship with your partner.
Advantages of having the Prospective Marriage Visa (300) - Offshore
Spouse temporary visa (onshore and offshore visas) – gives you the right to enter or stay in Australia with your spouse, until a relevant body makes a decision about your permanent visa, as well as the right to work in Australia, study in Australia, but without being granted the access to government funding for tertiary study. Additionally you will have the right to Australia's medical benefits expenses and hospital care scheme, Medicare.
Spouse permanent visas (onshore) – allows you to stay in Australia with your spouse on a permanent basis, as well as work and study in Australia, enroll in Australia's medical benefits expenses and hospital care scheme, Medicare. You may also be entitled to receive certain social security payments and submit application for Australian citizenship (subject to the residency eligibility criteria)
Note: In some circumstances you can directly apply for permanent residency without having to meet the two year temporary residency requirement.
- $0.00 - If you are a holder of a subclass 445 Dependent Child visa.
- $965.00 – If you are a holder of a Prospective Marriage visa (subclass 300), and have married your spouse and wish to remain permanently in Australia due to it.
- $1,220.00 - If you entered Australia as a fiancé(e), and currently are not a holder of a substantive visa and married your sponsor while your Prospective Marriage (subclass 300) visa was valid and you seek to remain permanently in Australia on the basis of that marriage.
- $345.00 - If you currently are a holder of a Transitional (temporary) visa and were granted this visa on the basis that you met the requirements granting extended eligibility entry permission under the Migration Regulations 1989.
- $3,060.00 - If you are a holder of any other visa.