student visa in australia with spouse

You’re thinking of applying for a spouse visa in Australia. Great choice! Not necessarily because it’s a great place to live (it is), but because it’s really really tough to get. Citizenship is one thing, but the right to settle in Australia is still rather hard to come by, which makes this opportunity even more exciting! Choosing an immigration option will depend on many factors that are unique to you and your partner, so I won’t presume I already know what’s best for you. However, I can say that the information below should prepare you with enough knowledge and understanding of the wonderful world of student visas in Australia with a spouse.

Travelling to Australia as a student with spouse or partner? In this article, we will cover everything you need to know about Canadian student spouse visa or partner visa in Australia.

Studying abroad is often seen as an opportunity to break free from one’s culture, society and study amongst like-minded individuals. However, this lucky group of people might be missing out on something special by not taking their partner with them.

The student visa in Australia with spouse is a long-term stay visa that allows you to study and work in Australia.

It is a temporary visa, which means you will need to apply for a permanent visa after your studies are complete.

There are several requirements for this visa, including:

Proof that you have enough money to support yourself while studying/working in Australia (AUD$18,000)

Evidence that your spouse has been earning an income of at least AUD$18,000 per year for the last two years (or has savings of at least AUD$30,000)

Evidence that you have met the English language requirements set by the Australian government

When you are a student in Australia and you have a spouse, it can be difficult to know where to begin. The good news is that there are several different types of visas available for students and their spouses.

If your spouse is not an Australian citizen or permanent resident of Australia, then they will need to apply for a subclass 600 visa. This type of visa allows them to stay in Australia for up to three years. During that time, they must be enrolled in a university course at an approved institution and maintain full-time study status throughout the duration of their stay.

If you are a student and your spouse is also a student, you can apply for a student visa in Australia. You will need to apply for the visa before arriving in Australia.

Your spouse must be an Australian citizen or permanent resident of Australia who has lived there for at least 3 years. Your spouse will also need to sign a statutory declaration stating that they have met the residency requirement and that they are aware of the obligations of being married to an Australian citizen or permanent resident.

You will need to provide:

• Documentary evidence that you are both enrolled as full-time students at an approved course at an approved institution (you must take classes at the same time)
• Proof of your relationship with your spouse (such as marriage certificate)
• Proof of identity (passport or birth certificate)

REUNITE WITH YOUR LOVED ONES IN AUSTRALIA:

Australia allows international students and professionals to call their families to Australia under the Dependent Visa program. Y-Axis can help you create an impeccable application package that gets your loved ones to Australian shores faster.

AUSTRALIA DEPENDENT VISA PROCESS

SUBCLASS 309 VISA (PARTNER PROVISIONAL VISA)
This visa enables an Australian citizen, Australian permanent resident or qualified New Zealand citizen to temporarily stay in Australia as a de facto partner or spouse. The first step towards a permanent Partner Visa (subclass 100) is to get this visa.

The applicant must be in a genuine relationship with the spouse or de facto partner in Australia when applying for the visa.

Features of the Subclass 309 visa:

• This is a temporary visa
• Getting this visa will lead to the permanent partner visa
• Applicant must be outside Australia at the time of application

Advantages of Subclass 309 visa:

The Subclass 309 visa holder can:

• Work in Australia
• Study in Australia
• Travel to and from Australia as many times as needed
• Attend unlimited hours of English classes until you reach vocational English in spite of completing 510 hours which was the previous limit.
• Make use of Australia’s public health care scheme, Medicare
• Family members including dependent children can be included in the application and their visas will be approved provided they meet health and character requirements.

Duration of stay:

The duration of stay will be temporary till a decision is arrived on the permanent Partner (Migrant) visa (subclass 100) application or if the application is withdrawn. The duration of stay is generally between 15 to 24 months.

AUSTRALIA PARTNER VISA (SUBCLASS 100).

The applicant and his or her spouse or de facto partner must be in a genuine relationship to be eligible for this visa.

This is a temporary visa, and the candidate must apply for it while outside of Australia.

This visa is only available to those who have a Subclass 309 visa. This visa allows bearers to stay in the nation permanently after which they can apply for citizenship. To do so, the visa holder must maintain a genuine and enduring relationship with their Australian partner.

The processing time for Partner visa 309 and Visa 100 is difficult to predict because it is dependent on a number of factors. The following factors affect the spouse visa processing time:

 Filling out the application form with the required information.

Time required to answer a query.

Verifying the information provided by you

Processing timelines: 25% of applications: 5 months / 50% of applications: 9 months / 75% of applications: 18 months/ 90% of applications: 29 months

FOR STUDENT DEPENDENTS:

If you are coming to Australia to study, you are eligible to bring your family members with you. You can either include them on your original student visa application or you can apply for their visas once you have started your course in Australia so that they can join you. Spouses, partners and unmarried children under the age of 18 are eligible for dependent visas.

If you are including your dependent family members in your original student visa application, then you must include their details on your original Form 157A. The main student visa holder must have a minimum of 12 months validity on the visa and necessary funds and insurance to cover all expenses for this period.

If you are applying for the visa after you have started your course, then you must submit the following documents:

• Form 919, Nomination of student dependents
• Form 157A, Application for a student visa
• A letter from one of your teachers stating:
  • Name of your course
  • Length of the course and your expected completion date
  • If you are satisfying all the course requirements;
• Proof that you can financially support your dependent family members
• Proof of family ties such as marriage certificate or birth certificate
• Proof of school enrolment of school-aged children

Proof of health insurance for dependents

FOR POST STUDY WORK DEPENDENTS:

The Post Study Work visa holder must show proof of employment and necessary funds along with other documents like relationship proof and Police Clearance Certificate (PCC).

FOR WORK VISA DEPENDENTS:

Australia offers various child visa categories to help immigrants bring their biological child, adopted child or stepchild to the country. The parent must be either a citizen of the country or a PR visa holder.

A child that is born in Australia automatically receives Australian citizenship if one of the parents is an Australian citizen or holds an Australian PR.

The Dependent Child Visa in Australia consists of four subclasses, they are:

• Child Visa 101
• Child Visa 102
• Child Visa 802
• Child Visa 445

Your child will be eligible for a dependent visa, under the following conditions:

• You are an Australian citizen
• You hold a permanent resident visa for Australia
• You are a citizen of New Zealand

Benefits of the Australia Child Visa

• The child can travel indefinitely to Australia
• The child earns the right to study and complete his education in Australia
• The child is eligible for an Australian citizenship

AUSTRALIA CHILD VISA 101

Children with one or both biological parents residing in Australia are eligible for this visa. A child can live with the parents in the country on this visa.

Eligibility Requirements:

• The child must be under 18 years of age or over 18 and under 25 years and studying full time or over 18 years with a disability
• He must be born outside Australia
• Visa application must be initiated in the home country

The child must be residing outside Australia at the time of application

If you are coming to Australia on a work visa, your dependent family members are eligible to join you on dependent visas.

If you are coming to Australia on a temporary worker visa, only your spouse or de facto partner and any unmarried children under the age of 18 are eligible for dependent family visas.

If you are coming to Australia on a migrant worker or business visa, any dependent family members are eligible to join you including:

• Spouse or de facto partner
• Any children under the age of 25
• Aged dependent relatives such as parents or grandparents.

The employer of the Work Visa holder must sponsor the dependents along with fulfilling health insurance and Police Clearance Certificate (PCC) requirements.

SUBCLASS 491 VISA

Subclass 491 visa is a provisional visa for skilled workers who want to live and work in a regional area of Australia.

Eligibility conditions for the Subclass 491 visa:

• The applicant must be nominated to apply by a state or territory government or be sponsored by an eligible relative
• Have an occupation in the relevant skilled occupation list
• Must have the skills assessment for the occupation
• Get an invitation to apply
• Applicant must score the required points (65 points)
• Have the required English proficiency level
• Meet the health requirements
• Meet the character requirements
• Be under 45 years of age

With this visa you can:

• Stay in Australia for 5 years
• Can live, work and study in a designated regional area of Australia
• Travel to and from Australia as many times as you want, while the visa is valid
• Apply for permanent residence after 3 years from the time your 491 visa is granted

Application steps for Skilled work regional (provisional) visa:

Step1: In the first step you must submit your expression of interest (EOI) through SkillSelect to indicate you want to apply for this visa.

Step 2: Before you even submit your application, you must first gather the required documents to support the claims made in your EOI.

Step 3: Apply for the visa online once you receive the invitation. You can be living in or outside Australia when you are making the visa application. You must make your application within 60 days of receiving the invitation.

Step 4: You will be notified by the authorities that they have received your visa application.

Step 5: You will be notified of the outcome of your visa application. You can be in or outside of Australia during this time but not in immigration clearance.

Processing time:

These visa applications are assessed on a case-by-case basis and the processing time can vary provided you have met the following conditions:

• Submitted the complete application with all the supporting documents
• Your response time to requests for additional information
• Time is taken by authorities to verify the additional information you provided
• Time is taken for the authorities to receive the additional information
• Places vacant in the migration program

AUSTRALIA PARENT VISA

There are 3 categories of Parent Visas:

PARENT CATEGORY:

 You must be sponsored by your child to apply in this category.

Those with this type of visa can do the following:

As a PR visa holder, they can move to or stay in Australia.

By sponsoring qualifying family members, you can assist them in coming to Australia.

Make an application for citizenship.

Medicare gives access to the country’s subsidized healthcare plans.

Obtain some social security benefits

CONTRIBUTORY PARENT CATEGORY:

In 2003, this was introduced to make the parent migration program more accessible. Applicants will have to pay a higher visa application fee for this visa. Applicants must provide an Assurance of Support as well as a bond for the Assurance of Support when applying for this visa (held for 10 years).

Those with this type of visa can do the following:

• Stay in the country for an indefinite period of time.
• Join Australia’s public health care system as a member.
• Sponsor a relative’s visit to Australia.
• Is eligible to seek for citizenship.
• From the date the visa is granted, you can travel to and from Australia for five years.

The Sponsored Parent (Temporary) Visa (Subclass 870) was created early last year to allow parents to live in Australia for a limited time.

Those with this type of visa can do the following:

• Spend three or five years in Australia on a temporary basis.
• Can seek for additional visas to extend their stay up to ten years.
• Working in the country is not possible.

ELIGIBILITY CRITERIA FOR PARENT VISAS

• The applicant’s child must be an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen must be the applicant’s child.
• Before filing the visa application, the applicant must have a child who has lived in Australia legally for at least two years.
• A sponsor is required for the applicant.
• The applicant must pass the criteria for the Balance of Family Test.
• The applicant must be in good health and have a good character.

Talk to a Y-Axis visa specialist to learn more about your Dependent Visa options.

Australia Student Dependent Visa Processing Time

The processing time for a student dependant visa is the same as for a student visa-approximately four months. This is applicable in cases where the student and the family member apply together.

Can I Take My Partner With Me on an Australia Student Visa?

You can take your spouse or partner with you on a student visa to Australia. In the case of a partnership, you must present evidence of your relationship. You can submit lease agreements, registration documents, owned assets, the birth certificate of a child (if applicable), and similar documents that prove your relationship.

Can My Dependents Work Under an Australia Student Dependent?

Your dependents can work in Australia but, they can only start work once your course begins. Family members of masters or doctoral students can work unrestricted hours. Dependents of visa holders 573 and subclass 574 can also work unlimited hours.

You must present evidence of your relationship to the student visa holder (visa grant letter, marriage, or birth certificate) and evidence that the student visa holder has begun their course of study (a CoE or letter from the education provider), to your employer.

Are My Dependents Allowed to Take Part in Study Programs?

Your family members can follow any study course or training provided the duration of the program is only three months.

What Is a Australia Student Visa Subsequent Entrant?

A subsequent entrant is a family member of a student visa holder who wants to join their family member in Australia at a later date. Subsequent entrants have to apply separately for their visa and they must provide supporting documents from their family members in Australia.

However, it’s important for the initial student visa holder to include their family members in their visa application so they can join them later as a subsequent member.

Australia Student Visa Subsequent Entrant Requirements

In addition to the other supporting documents (see above), for a subsequent entrant student visa you must also submit:

• Form 919. This a nomination form that your family member in Australia must fill in and send to you so you can attach it to your visa application.
• Subsequent Entrant Student Visa Form 157A. You have to use this form when you apply as a subsequent entrant for an Australian student visa.
• A Letter from the Education Provider. You must attach a letter from the education provider of the student visa holder. This letter has to include information about the study course of your family member, their enrollment period, and their academic performance. Your family member must ask for this letter from their university in Australia and send it to you.
• Proof of Financial Support. If your spouse/partner in Australia is financing your stay, then you have to provide their bank statements from the last six months and a letter from their bank confirming the status of their statements.

Where Do I Submit My Subsequent Entrant Student Visa Application?

You have to submit your subsequent entrant visa application at an Australian embassy or consulate in your home country or an office nearest to you.

What Is the Fee for Australia Subsequent Entrant Student Visa?

You have to pay AUD620 for the base application fee. If you are applying with other dependents, the visa fee will change.

What if I Get Married After My Student Visa Is Granted?

In case someone becomes your dependent after your student visa is granted, then you have to apply for a new student visa. In your new student visa application, you have to include your new family member and provide information on why they weren’t included initially.

What if I Have a Child After I Get My Student Visa?

If you have a child after your student visa is valid, then you can add your new baby as a subsequent entrant in your application. If you applied through the ImmiAccount, all you have to do is submit an application for a subsequent entrant on your visa.

In case you applied in person for your initial visa, then you have to submit these documents to your nearest office of the Department of Foreign Affairs:

• Form 1022.
• Your baby’s birth certificate.
• Your baby’s passport.

You can send these documents by post or courier. Please remember that you still have to pay an application fee if you add your child to your current visa.

Conclusion

To apply for a student visa, you should have secured a COE (Confirmation of Enrolment) or an offer letter from an Australian institution for a CRICOS registered course. 

Once all your documents are arranged and in place, you will have to create an ‘ImmiAccount’ online and apply through the portal. You can directly upload the documents and pay the student visa application fee, which is AUD620. 

Most applications for a student visa for Australia take a month to process. The best part is that you can apply from anywhere in the world. Once your visa application is lodged, you can view the status of it through your ImmiAccount. 

Additionally, you might be asked to attend an interview at your nearest Australian embassy or consulate. With a student visa, you can study two or more related courses if the course gap is less than two calendar months. The overall cost to apply and receive an Australian Student Visa will range between AUD600 and 700.