To be eligible to apply for a Spouse Visa you must be able to demonstrate you:
- Are married to an Australian in a marriage valid under Australian law; OR,
- Are in a de facto relationship with an Australian for at least 12 months prior to making application; OR,
- Have personally known, i.e. met with your Australian partner physically, and will be married to the sponsor in a marriage valid under Australian law by the time the visa is granted (available to offshore applicants only).
An application for the spouse visa is in two stages (temporary and permanent), and an applicant actually applies for both visas using one single application form and paying only one application fee.
These temporary visas, once granted, are valid for two (2) years from date of application, and then if the relationship is assessed to be still genuine and ongoing at the end of the two years, applicants will be granted a permanent visa.
The Spouse Visa may be applied for from inside or outside Australia. If you are applying while you are in Australia you must also hold a valid substantive visa and be in Australia at the time the visa is granted. If you are applying from outside Australia then you must also be outside of Australia at the time the visa is granted.
If you do not hold a substantive visa or you are unlawful in Australia and wish to apply partner visa in Australia, then you must be have compelling reasons for the grant of partner visa in Australia.