Australian Spouse Visa; Part 2

The primary requirement for any Spouse Visa is that the couple are in a genuine and continuing relationship to the exclusion of all others.

This month we will address how Spouse Visas work with regards to temporary/permanent residency. In addition, we will address how Interdependent partners are viewed in Migration Law. We will not only see how they fit into the category of Spouse Visas but also how they are recognised in other visas.


SPOUSE VISAS – WHAT DO YOU OBTAIN? TEMPORARY OR PERMANENT RESIDENCY?

Prospective Spouse Visa
Granted Offshore, outside Australia

* The visa applicant is granted a 9 month temporary visa for Australia. The visa is valid from the time of grant.
* The visa applicant would ordinarily travel to Australia and spend time with his or her partner.
* Within the 9 month visa period the couple if the relationship is continuing get married and afterwards apply for a Spouse Visa at their nearest Department of Immigration office.
* If their Spouse Visa is applied for but not yet granted and their Prospective Spouse Visa expires the applicant will remain legally in Australia having been issued a Bridging Visa A. The Bridging Visa A will come into effect upon the expiry of the Prospective Spouse Visa.


Spouse Visa and De-facto Visa
Granted either Onshore or Offshore, inside or outside of Australia

* Upon grant of their visa the visa applicant is issued a Temporary Visa.
* When a person applies for a Spouse or De-facto Visa they are in fact applying at the same time for both their Temporary Visa and Permanent Visa.
* Their Temporary Visa (the first visa they are granted) remains valid until a decision is made on their Permanent Visa.
* After 2 years has passed from the date of the original lodgement the applicant becomes eligible for permanent residency.
* It is procedure for the Department of Immigration to issue a letter approximately 2 months before the 2 year anniversary to the visa applicant inviting them to provide evidence for the Permanent Residency Visa.
* What you have to prove 2 years down the track is that the applicant and sponsor continue to remain in a genuine and continuing relationship. Hence, you need to provide a selection of evidence which covers the 2 year period and which addresses each of the relationship factors reviewed in Part 1 (financial, household, commitment and social).
* Other evidence required at this stage includes:- police clearances and medical examinations (if it is determined you require them), two (2) form 888’s and statutory declarations on an approved form by both the applicant and sponsor.

Disclaimer: Any person intending to apply for a Spouse Visa should seek further information and confirmation of their eligibility before applying. The information provided in this article and in Part 1 last month is general information only. Each person’s circumstances are different and unique and confirmation of eligibility should be obtained.

HOW ARE INTERDEPENDENT RELATIONSHIPS VIEWED IN THE EYES OF THE DEPARTMENT OF IMMIGRATION?

What is an Interdependent Relationship?
An Interdependent relationship is a same sex relationship.

Under Migration Law same sex couples are awarded recognition. Under the Spouse Visa category there is a separate visa called the Interdependent Spouse/Partner.

The definition of Interdependent Relationship is like a De-facto Relationship, you must show:-

1.You are in a genuine and continuing relationship to the exclusion of all others;
2.You live together (and not separately apart on a permanent basis) and have done so for a period of 12 months.

The only difference is that the definition of De-facto Relationship is the couple are of the opposite sex.

The documentary evidence required for an Interdependent Visa is like a De-facto Visa in that you should illustrate over a 12 month period the joint residency of the couple. The evidence which should be supplied to the Department of Immigration should cover all 4 factors of the relationship (financial, commitment, household and social) as these remember illustrates the genuineness and continuity of the relationship.


Recognition of same sex relationships in other visa applications
In every instance a person has the ability to have their spouse/de-facto spouse attached to their visa application. Hence, if you are married or in a de-facto relationship one person can be the primary applicant to the visa application – this person would satisfy all of the primary criteria for the visa AND the husband/wife or de-facto partner by virtue of being a member of the primary applicant’s family unit can be included as a secondary visa applicant.

Same sex couples are recognised as members of a primary applicant’s family unit and equally can be attached in certain visa applications. The Subclass 457 Long Stay Business Visa is a popular visa in Australia at the moment. This visa enables businesses to sponsor overseas nationals to work for the company in Australia for a period of up to 4 years. Under this visa subclass Interdependent relationships are accepted and the partner of the primary applicant can be included. When applying for the visa however evidence of the Independent relationship needs to be provided (this is the same as an Independent Partner Visa).

The General Skilled Migration Scheme is the largest scheme for skilled individuals to migrate to Australia. Under this visa Independent relationships are also accepted and same sex couples can migrate together to Australia provided they illustrate their Interdependent relationship.