The Australian Spouse Visa is a popular visa for those couples that would like to migrate to Australia. There are, however, a number of requirements that must first be met in order to obtain an Australian Spouse Visa.
To prove his or her eligibility for the spouse visa, the individual seeking a partner visa should either be the spouse or a partner in a de facto relationship with:
1. A permanent resident of Australia or 2. An Australian citizen or 3. Recognised New Zealand Citizen
This individual that the applicant is in a relationship with must also be an adult (18 and above years of age) whom will also become the sponsor of the spouse or de facto partner. One who is not in a marriage, but engaged to an Australian citizen has legal rights to apply for the visa in question.
Consideration for Australian Spouse Visa
Partners in a De facto Relationship: De factor partners are those who have been in the relationship for at least 12 months and have been truly committed to each other. Same sex and opposite sex couples are both eligible to be considered as de facto partners so long as they are genuine.
Married Partner: The marriage between the two partners (one with permanent Australian visa or citizenship) should be recognised by the Australian law to obtain the spouse visa awarded by the Australian Government. If the couple fails to prove that they have been legally wedded, the visa will be denied.
Engaged partner or prospective spouse: In this case, the engaged partner (fiancée) of sponsor citizen can apply for Australian Spouse Visa but first must come to Australia on a prospective marriage visa. They are granted the visa only once they arrive in Australia and are married.
Onshore and Offshore visa applicants: For onshore applicants, there are two conditions that they should meet:
1. the visa seeker must have a valid substantive visa
2. he or she must be present in Australia when the spouse visa is being processed and granted.
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