Australian Spouse Visa; Part 1

MIGRATION LAW – Spouse Visas, Part 1

Under Australian Immigration Law there are a range of visas which facilitate the migration of ‘spouses’ of Australian permanent residents/citizens. Under the category ‘Spouse Visas’ exists 3 different type of visas:-
1. Spouse Visa
a. When the sponsor (the Australian permanent resident or citizen) is married to an overseas national.
2. Prospective Spouse Visa
a. When the sponsor (the Australian permanent resident or citizen) is engaged to an overseas national.
3. Defacto Visa
a. When the sponsor (the Australian permanent resident or citizen) and overseas national have been in a defacto relationship for minimum 12 months.

Although there are slight differences amongst the three different types of visas there is an underlying requirement in each and that is that there is a genuine and continuing relationship between the sponsor and visa applicant to the exclusion of all others.
In determining whether a genuine and continuing relationship exists the Department of Immigration look at 4 factors of the relationship:-
1. Financial Aspect;
2. Household Aspect;
3. Social Aspect; and
4. Commitment.

If you are applying for one of the above mentioned visas it is important to illustrate that on the totality of evidence you have (covering the four aspects of the relationship) the case officer is satisfied you and your partner are in a genuine and continuing relationship.

Where can you lodge a spouse visa?
There are a variety of factors which determine where you can lodge a spouse visa, for instance:-
- If you are applying for a prospective spouse visa you must apply for it offshore;
- You may apply for both the spouse visa and defacto visa inside and outside of Australia;
- Whether you are allowed to lodge your spouse or defacto visa from inside Australia is determined by the visa you hold at the time of lodgment. If you have a visa with an 8503 ‘No Further Stay’ condition then you are unable to lodge your application from inside Australia and must lodge it from offshore.