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The Australian Visa Application Process for a Spouse or De-facto Partner

by Abhinav Outsourcings Search Engine Optimizer
The Spouse or Partner visa is a commonly preferred pathway for aspirants living outside Australia who wish to join their spouse or de-facto partner, who is permanently settled in Australia. Under this process, an Australian visa application is filed at two stages – first for the Partner (Provisional) visa (Subclass 309), and then for the Partner (Migrant) visa (Subclass 100). 

By attaining the Subclass 309 spouse visa Australia immigration aspirants can temporarily stay, work or study in Australia – until the Department of Home Affairs (DHA) grants a Subclass 100 visa, which allows them to permanently reside in Australia with their spouse. 

These visas have distinct advantages:

Subclass 309 

  • Live, work or study (without government support) in Australia while awaiting the decision for the Subclass 100 visa application.
  • Travel back and forth from Australia as often as required.

Subclass 100

  • Live, work and study in Australia permanently.
  • Travel back and forth from Australia for five years.
  • Sponsor a relative’s immigration application.
  • Apply for Australian citizenship, if eligible.

Both visas offer some common benefits:

  • Access to Medicare, Australia’s public healthcare scheme.
  • English language classes after landing in Australia.

Requirements

Before applying for the Subclass 309 visa, the candidate should ensure that they can satisfy certain conditions:

  • The applicant should be over 18 years of age.
  • The sponsor/partner (same or different sex) must be an Australian citizen or permanent resident, or an eligible New Zealand citizen.
  • Both partners must prove that they are in a committed, genuine and continuing monogamous relationship.
  • The applicant, accompanying family members and/or dependent children must meet the health and character requirements.
  • The application may be rejected if it is not in the best interest of a dependent child (under 18, if any).

In order to apply under Subclass 100, the applicant must:

  • Possess a Subclass 309 or Subclass 445 (Dependent Child) visa.
  • Continue to fulfill the relationship requirements. 
  • The best interests of a child under 18 years of age (if any) will also be considered.

Process

Stage 1: Subclass 309

The aspirant must collect authentic documents related to their character, identity, relationship with the partner, and those of accompanying dependent relatives or children. These should be submitted while filing an online visa application via Immi Account, after paying the visa fee. If approved, the DHA will grant the temporary visa.

Stage 2: Subclass 100

Typically, this visa is issued two years after the grant of the Subclass 309 visa. One month before the completion of this two year period, the application for Subclass 100 can be lodged via ImmiAccount. At this stage, the applicant must attach documents related to their relationship, passport, character, dependents, partner, and changes in their situation. After due verification, the application may be approved.

Accompanying family members and dependent children can be added while filing the visa application or after being granted the temporary visa. If not added at the first stage, a dependent child can be added before the DHA issues a verdict on the Subclass 100 visa application.

Processing Time

The DHA typically requires 15-20 months to process Subclass 309 visa applications. After attaining this visa, applicants usually have to stay in Australia for 15-24 months before the DHA decides to approve or reject the Subclass 100 visa application. 

Since the processing time for the Subclass 100 visa is 20-34 months, most candidates are assessed for permanent residence two years after filing the combined application for the Subclass 309 and 100 visa. Those who were in a long-term relationship before applying might be granted the permanent visa within less than two years.

Cost

A one-time visa fee of AUD 7,160 for the main applicant is payable while filing the Subclass 309 visa application. No additional visa fee is paid while applying for the Subclass 100 visa. 

There is an additional fee for other family members included in the visa application, unless they possess a Subclass 445 – Dependent Child visa. Third-party costs such as health check-ups, police certificates, and bio metrics will be payable to the relevant authorities.

While this unique Australian visa application process requires patience and consistency, it is the most viable gateway for partners who together wish to build a fulfilling new life in Australia.


About Abhinav Outsourcings Advanced   Search Engine Optimizer

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Joined APSense since, January 9th, 2019, From New Delhi, India.

Created on May 15th 2019 01:27. Viewed 152 times.

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