eligibility-criteria- Australia-Spouse-Visa

What is the eligibility criteria for Australia Spouse Visa?

19-06-24
Yogesh shukla
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What is the eligibility criteria for Australia Spouse Visa?

Is your spouse in Australia too? Aptech Visa has helped thousands of its applicants get an Australia Spouse Visa easily so if you are planning to apply for a Spouse Visa for Australia then read this blog and understand the eligibility criteria for Spouse Visa Australia.

Overview:

To qualify for this visa, some essential criteria must be met. Firstly, this rule applies under the condition that you have never had your visa cancelled or refused an application before. To apply for a Prospective Marriage Visa, you need to be out of Australia when filing the application and have an Australian sponsor. Of course, potential brides should meet certain standards such as being the right age and meeting relationship requirements. Further, certain health and character requirements need to be met as specified by the regulatory authorities. You have not been in a position that you owe any money to the Australian Government and you have to sign the Australian values statement. Finally, any matter concerning the best interest of any child involved in the move should be dealt with appropriately.

Not had a visa cancelled or an application denied

You may not be eligible for this visa if you have had a visa cancelled or denied; in certain cases, you may still apply for a permanent visa if you have had a visa cancelled or application denied; Australian Immigration Authorities will take your immigration history into account when they decide on your application.

Applicant needs to be offshore when applying for this visa


You and any family members applying with you must be outside Australia when submitting your visa application.

Have a sponsor

Both you and any co-applicants must have a sponsor at the time of lodging your application and throughout the visa.

• Usually, your partner is your sponsor.

• Your sponsor needs approval from Australian Immigration Authorities.

• Your sponsor cannot be changed. The sponsor you have when you apply for the visa needs to be the same sponsor you have for the two years following the issuance of your temporary partner visa (subclass 309).

Be the appropriate age

Typically, applicants who are married must be at least eighteen years old. This is because Australian legislation typically requires the marriageable age to be 18 or older.

Those applying who are in de facto relationships must be at least eighteen years old.

 

Fulfill the conditions for the relationship

Generally, you have to be the spouse or de facto partner of one of the following:

• An Australian citizen

• Permanent resident of Australia or

• Eligible citizen of New Zealand

This is applicable both at the time of application submission and decision-making.

It's possible that you're courting someone of a different gender or the same gender.


Applicants who are married

In case your marriage is recognized by Australian law and you both share a mutual commitment with your partner to the exclusion of others, you qualify as a married candidate.

• You are not related by blood;

• Your connection is sincere and ongoing;

• You either live together or don't live apart permanently;

De facto partners

To be a de facto partner, one must be involved in a de facto relationship.


If you and your partner are not married to one another, then you are in a de facto relationship.

• Your de facto partner and you have a shared commitment to put everyone else first;

• Your connection is real and ongoing;

• You either live together or don't live apart permanently; and

• You are not related by blood.

Usually, you have to be in your de facto relationship for a minimum of 12 months when you apply for this kind of visa. It may not be possible to classify time spent dating or in an online relationship as part of a de facto partnership.

If you can demonstrate to the Australian Immigration Authorities that there are exceptional and compassionate reasons why you should be granted the provisional Partner visa (subclass 309), then the 12-month requirement will not apply.

• Additionally, the 12-month period won't be applicable if your de facto partner has or has held a permanent humanitarian visa and

• Your de facto partner informed the authorities about the relationship prior to them granting their visa, and the connection existed before they approved theirs.

The 12-month requirement will not apply if you can show them compelling and compassionate circumstances exist for you to be granted the provisional Partner visa (subclass 309).

Furthermore, it won't apply if you have registered your connection with an Australian State or Territory official, such as registration of births, deaths, or marriages, or if you are in a de facto relationship with a partner who is applying for a permanent humanitarian visa.

Fulfil the health requirements

All family members applying for the same visa as must fulfil the health requirements. If family members aren't traveling to Australia with you, they might need health information.

Fulfil the standards for character

You must meet the character criteria, as well as any family members who apply for the visa with you and are at least 16 years old. The Department of Home Affairs Australia may inquire about your character regarding your family not traveling to Australia with you.

Not owed anything to the Australian government

You and your family members are required to make arrangements to repay any money that you or they owe the Australian Government.

Family members who do not travel with you to Australia may fall under this category.

Sign the statement of Australian values.

You must have read the Life in Australia pamphlet or had it explained to you, and you and any family members applying with you who are 18 years of age or older must sign an Australian Values Statement pledging to uphold Australian law and the way of life.

The child's best interests

Should it not be in the best interests of a candidate who is under eighteen, the Department of Home Affairs Australia may refuse to grant this visa.

 

 

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