Spouse Visas

SPOUSE / PARTNER VISAS

 

Spouse-visasAustralian spouse visas , also know as partner visas , are for overseas applicants who are marrying or married to an Australian Citizen or Australian Permanent Resident. They may also be granted to those who are living in a defacto (or “live-in”) relationship with an Australian Citizen or Permanent Resident. This is the visa for those ladies who wish to (a) marry overseas and then apply for the visa, (b) marry in Australia (if you are already in Australia) and then apply for the visa (if you are able to do so, and may are not), or (c) if you have been living together either in Australia or overseas for a substantial time and wish to apply on this basis. Same-sex couples may also apply.

If you intend to marry overseas, you may apply for a spouse visa already, and have it finalised after you actually marry. This may save you some application time. But do not expect that the Department of Immigration and Border Protection (DIBP) will quickly issue a partner visa as soon as you show them a marriage certificate. Do not rely on your husband being able to bring you straight back to Australia with him. The Department works to its own time frame, and not to yours.

You will be applying for a Subclass 309 Temporary Partner Visa (or a Subclass 820 Temporary Partner Visa if in Australia).

If you are still together (and can prove this) after 2 years, you may be granted a Subclass 100 PERMANENT partner visa (or Subclass 801 PERMANENT partner visa if you applied whilst in Australia). Please note that you apply for the 309/100 (or 820/801) at the same time.

If you have a long-term relationship, or a child of the relationship, you may in some circumstances bypass the temporary visa period.

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Getting a tourist visa, then a partner visa in Australia?

Is this a good idea? Some people say it’s the best way. Is it?

You will hear advice from some of the online discussion forums, and even from some migration agents, that this is the best way to apply. Tourist visa to Australia. Get married. Apply for a partner visa, and the applicant gets to stay during the processing.

Getting advice from amateur forums is never a good idea. No care and no responsibility from self-appointed experts with 90% self-confidence and 10% knowledge based on submitting their own application, versus a REGISTERED Migration Agent with qualifications and hundreds of successful applications every year.

And whilst Registered Migration Agents are all qualified to give advice, we all specialise in our own areas and should stick to those areas. I don’t give advice on student visas from India, nor do I give advice on Special Investor Visas from China, as I lack the experience. We are the experts in partner visas from Philippines.

Pros

  • When you lodge a successful onshore application, the applicant gets to stay in Australia on a Bridging Visa and doesn’t need to return.
  • Applicant can apply for Medicare
  • Applicant will usually get work rights

Cons

  • The Government charges are around $1,500.00 more than for an offshore application
  • The tourist visa application may not be successful
  • Tourist visas must be for visiting friends and family or doing general tourism things (patting koalas and admiring the Harbour Bridge, etc). Applying for a tourist visa in order to get married and bypass the system, this is NOT a genuine reason to apply, and they must refuse an application if it’s for another purpose, ie
    • You MAY marry in Australia on a tourist visa, however you may not apply for a tourist visa with the intention of marrying in Australia.
  • The tourist visa grant may well have a Condition 8503 imposed on it. This means NO FURTHER STAY, and means that she cannot apply for another visa whilst she is inside Australia. She must leave at the end of the stay. No possibility of applying for a partner visa inside Australia. Nothing ahead but a return plane trip.
  • Marrying in Australia means meeting with a priest or marriage celebrant, arranging a wedding date (they are often booked months ahead), lodging a Notice of Intent to Marry form, and waiting 30 days for a marriage license. Trying to organise a wedding AND a complex visa application within a 3 month stay is going to be stressful and very challenging.
    • She will be dealing with culture shock
    • You are most likely still going to work every day
    • She will require documents from Philippines, which will be hard for her to organise while she’s in Australia.
  • The looming deadline sitting on your heads while you are trying to prepare everything and to have it all lodged before her tourist visa runs out!

So, can Down Under Visa manage partner visa applications in Australia too?


Yes we can, and we do manage a lot of partner visas that are applied-for onshore in Australia, and in fact these make up about half of of our partner visa applications these days. Since the 1 July 2015 Visa Application Charge changes which meant that a partner visa now costs the same lodged offshore in Philippines (or other countries) as they do lodged in Australia, we have had considerably more applicants wanting their applications lodged in Australia. There is no difference in the way the applications are prepared. We just want you to make an informed and educated choice, and not to find yourselves in Australia running out of time to lodge.

So please discuss this option with us, and we will be happy to help make your onshore partner visa application a success.

 

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What can Down Under Visa do?

If you do wish to marry whilst in Australia on a tourist visa, and if you are able to apply for a partner visa in Australia, yes we can manage your application for you in the same way we manage applications here in Manila. This takes good organisation to prevent you running out of time, so you really need professional help.

If you definitely want to marry and apply in Australia? Let us know now! And if you start the process with us NOW rather than later, you will be organised and ready for us to lodge the application once you’ve married. DON’T LEAVE IT UNTIL AFTER SHE’S IN AUSTRALIA WITH YOU!

Please complete our visa assessment form HERE!