To obtain a Spouse visa, the applicant must be legally married to or in a de
facto relationship with an Australian citizen, Australian permanent resident or
New Zealand citizen permanently resident in Australia.
De facto relationship – Australian law also recognises de facto spouses. De
facto spouses live together as husband and wife but are not legally married. For
migration purposes, de facto relationship spouses must have been in that
relationship for 12 months.
Obtaining permanent residence as a spouse, including de facto spouse, is a
two-step process, with a Provisional Spouse visa being granted first, and then
the Permanent Spouse visa. Applicants apply for both the provisional and the
permanent visa at the same time. Unless the relationship is long term,
applicants are initially assessed against the rules for the provisional visa.
Once this is granted, the applicant can travel to Australia. Two years after the
initial application, DIMIA will assess against the rules for the permanent visa.
STAGE 1 – Spouse Temporary Visa
This stage involves assessment of the eligibility for a temporary visa based
on the application. The applicant will be asked to provide the following:
- Evidence that the relationship is genuine and continuing;
- Medical examinations and character clearances from countries in which the
applicant has lived for more than 12 months in the last 10 years.
STAGE 2 – Spouse Permanent Visa
The second stage of processing will begin approximately 2 years after the
visa application was lodged and involves assessment of the eligibility for a
permanent visa.
During this stage, the Department of Immigration will ask for:
- Evidence from the applicant and the spouse showing the relationship is
genuine and continuing;
- Declarations from two people who know the applicant and the spouse well
and can support the claim that the relationship is genuine and continuing, and
- An Australian police clearance if the applicant has lived in Australia for
more than a year.
If the applicant meets the requirements, a permanent residence visa will be
granted.
