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 Spouse & Prospective Spouse Visas

   
While having an Aussie spouse may seem like an open-ended ticket down under, there are a few things you need to know before applying for that
all-important visa.

- Nick explains the difference: -



   
 
  So you married an Australian. Well, aside from the discussions of where to have the family Christmas and the constant arguments about sport, there are some plus sides.

One of them (OK let's face it, the best one) is that you can be granted permanent entry and residence in Australia. Yep, the Aussie government is nice like that - an Australian's spouse, de facto spouse, prospective spouse or 'interdependent partner', can go for a permanent resident visa application.

OK, enough of the jargon, see the below table to find out your options.

So now you know the subclass, you just have the daunting task ahead - to prove that your relationship is "genuine and on-going" to a complete stranger, using paper-based evidence. That stranger is a DIAC case officer who lives but to sit at a desk and process file after file, after file. How do I know about this ? Because I was that case officer ! Yes, yours truly worked locked away in an Aussie visa office pushing pens, papers, and the standards of decent office behaviour.

The things I saw are also locked away for good, as when some people want to evidence their relationship, they really open wide and bear all - they sent us explicit photos, raunchy emails and even, believe it or not, body parts (a tooth once, and some hair another time). Because we all keep our partners' bodily detritus in labelled filing cabinets, don't we ?

Having not signed up for forensic science (despite being a fan of CSI), I realised that maybe I should escape the visa office and start to help people by telling them what to do and not to do. It's common sense - imagine you are in the case officer's position. What would you want to see to know that a relationship is "of a spousal nature" ?



  • Evidence that the couple lives together ?
  • A good start. Evidence that the couple's family and friends are aware of the relationship, how they got together, and some future plans they have ?
  • Photo of holiday together, any records of joint finances ?


These are all the essentials that really should be on display. So of all this bundle of papers, what would get this one application clear in your mind - how about a clear and basic timeline of the key events of the relationship ? You'd want to know when and how they met, when the relationship got more serious, and how a few key events so you can see how everything developed.

Not all applications require an interview, but most can be given a telephone interview, or even be called in for a face-to-face interview. This can only get tricky if the case officer is ready with a pen and paper to find 1997. That kind of request for silly details rarely happens, but it can happen. It may depend on the country of the application - some countries are 'high risk' - which, let's be honest, is understandable if the application is from 63-years-old Bob Turner from Adelaide who just meet the love of his life Kitty Kitana, an 18-years-old nail and beauty student from outer Phuket. But if their relationship is "genuine and on-going" and "of a spousal nature", there is no reason the visa won't be granted - so let's hope that
your is !

 
 

Permanent Resident Visa Options: -
Spouse Subclass 309 offshore / made with the applicant outside Australia

(subclass 820 onshore - exactly the same but DIAC fee approx. 685 AUD higher * )

If you are married before the application, then this is the option. Once the visa is granted, you have a two-year provisional PR visa. There is then a second application stage after two years, which is less complicated and has no cost attached to it (as technically you initially pay the government for the second stage PR application), and you can be granted a full PR visa.

If you have been married for five years, or have been married for over two years with one or more children, you make the application for the full PR visa straight away (called a subclass 100 at the stage).
 

De facto Spouse Subclass 309
(same visa as above but a different route) 		This is the same as spouse, but a defining requirement is that you must provide evidence (with strong evidence) of at least 12 months cohabitation before lodging the application. This evidence would ideally be joint lease/rental agreements, but registrations/mail at the same address may also suffice.
 
Prospective Spouse (fiance) Subclass 300
(no onshore visa) 		On this visa, you demonstrate your genuine intention to marry, and genuine intention to live together as spouses. You need to register the marriage within nine months of the visa being granted. Then, when registered, you go to the two-year provisional PR period, as in the spouse visa above.
 
Interdependent (same sex) Subclass 310
(subclass 826 onshore) 		For same-sex couples - similar to de facto in that the relationship/'household' needs to be established for at least 12 months before the application.
 

 
  * Note that you can only apply for an onshore visa if you do not have such conditions attached to your visa as 8503, which prohibit onshore applications - these are stated and printed on your actual visa.  
 

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