Rules For Spouse Visa In Australia

There are lots of things that you should know about spouse visa in Australia. But most people do not know that there are some rules and regulations to abide by. To help you understand better, I will discuss the things that you need to follow.

If you are a foreigner who wants to settle in Australia with your spouse, then there are certain rules that you need to know about and follow. There are certain steps that you have to take for the process of obtaining spouse visa. Moreover you must have your sponsor support for the whole process before moving forward.

There are several kinds of spouse visas for Australia. When the applicant is already living in Australia , several conditions might apply. If any of your relatives ask you to lodge an application for them then you should do so when you have the knowledge about following rules:

Rules For Spouse Visa In Australia

Applying for a partner visa isn’t easy, and there are many rules that you’ll want to know about before you apply. That’s why I did a lot of research into the process and rules for finding out if my girlfriend and I were eligible for a partnership visa.

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Australia Partner Visa (in 2022): All You Need to know!

The Australian spouse visa process is quite complex and requires a lot of time and effort. You will need to gather evidence for all the required documents and meet certain eligibility criteria before applying for a spouse visa.

The blog provides all relevant information regarding the application process as well as financial requirements. Read on.

What is Australia’s Temporary and Permanent Partner Visas?

An Australian spouse visa is also called an Australian Partner Visa. The primary applicant i.e the Australian spouse must be either a citizen or permanent resident of Australia or a citizen of New Zealand.

An Australia spouse visa lets your spouse (husband or wife) or your de facto partner (fiance, in a committed relationship) immigrate to Australia.

Eligibility Requirements for a Spouse Visa in Australia

  • The main eligibility requirement for a Spouse Visa Australia is that the relationship should be long-term and genuine.
  • You and your spouse live together on a permanent basis. 
  • You must have been in a spouse relationship for the last 12 months
  • You both must pass health and character criteria.

How long does it take to obtain a Spouse Visa in Australia?

Visa TypeProcessing time of 75% applicationsProcessing time of 90% applications
309- Provisional Visa11 months15 months
100- Permanent Visa20 months23 months

How much does a Spouse Visa for Australia cost?

Australia spouse visa fees from India: Approximately INR 4,20,857

Visa TypeDetails
Spouse or De-facto Visa Application (Application lodged outside of Australia – SC 309/100)Visa Application fee of main applicant – $7,715Child accompanying over 18 years – $3,860 eachChild accompanying below 18 years – $1,935 each
Prospective Spouse Application (Lodged Outside Australia-Sc300)Visa Application fee of main applicant – $7,715Child accompanying over 18 years – $3,860 eachChild accompanying below 18 years – $1,935 each
Spouse Or De Facto Visa application (Lodged Inside Australia-Sc820/801)Visa Application fee of main applicant – $7,715Child accompanying over 18 years – $3,860 eachChild accompanying below 18 years – $1,935 each
Eligible New Zealand Citizen Family Relationship Application (Sc461)Visa Application fee of main applicant – $365Child accompanying over 18 years – $185 eachChild accompanying below 18 years – $90 each
Medical ExaminationApproximately $350 per adult and $300 per child
Police ChecksThe fee for this depends on the police authorities in your country.
Transition of DocumentsThis is considered if you have concerned any person for translating your documents or certificates.

How do you Apply for a Spouse Visa from India?

Step 1: Get your documents prepared

You have to be prepared to avail of every document, which enhances your immigration or visa process.

Step 2: Lodge your Australian partner visa application

You have to lodge an online partner visa application. Once you have lodged the partner visa application, you must pay the fees and keep the receipt.

Step 3: Obtain decision from the DHA

After placing the partner visa application, it takes several months for the DHA to decide on your visa application.

Step 4: Wait and get approval

Once you obtain the approval from the DHA, you can then receive your visa and start moving on accordingly.

Note: A spouse visa usually takes a year or more to be processed before the visa is granted. Hence it is best to begin with your application process at the earliest. 

Get in touch with our visa officer who will give you a detailed breakdown of how to get started with your Australia spouse visa application.

Applying for an Australian spouse visa can be challenging. We can help.


What are the types of Australia Spouse or Partner Visas?


1. Provisional Partner visa (Subclass 309)

Visa Type: Temporary visa

  • Can be converted to Permanent Residency via the Subclass 100 visa
  • Visa may be granted after a year of application

Who is it for?

  • You are in a married or de facto relationship with your sponsor
  • You are applying from outside Australia 
  • Your Australian sponsor must be either an Australian citizen or permanent resident, or a New Zealand citizen

2. Permanent Partner visa (Subclass 100)

Visa Type: Permanent visa

You can apply for this visa at least 2 years after your Subclass 309 temporary visa is granted

Who is it for?

  • You hold the Subclass 309 temporary visa
  • You are still in a relationship with your Australian Sponsor. 
  • You have lived with your partner for more than 2 years in Australia.

3. Temporary Partner visa (Subclass 820)

Visa Type: Temporary visa

Can be converted to Permanent Residency via the Subclass 801 visa

Who is it for?

  • Those in a married or de facto relationship with your sponsor
  • You are applying for this visa when living in Australia

Your Australian sponsor is either an Australian citizen or permanent resident, or a New Zealand citizen

4. Permanent Partner visa (Subclass 801)

Visa Type: Permanent visa

You can apply for this visa at least 2 years after your  Subclass 820 temporary Partner visa is granted

Who is it for?

  • You hold the Subclass 820 temporary visa.
  • You are still in a relationship with your Australian Sponsor.
  • You have lived with your partner for more than 2 years in Australia.

5. Prospective Marriage visa (Subclass 300) or the Fiancé visa

Visa Type: Non-immigrant Temporary visa

  • Visa allows you to stay in Australia for nine months
  • You can marry your partner in Australia 
  • You can then upgrade to a Temporary partner visa, Subclass 820 visa.

Who is it for?

  • If you are engaged to an Australian citizen, Australian permanent resident, or New Zealand citizen. 
  • If in a de facto relationship, you must have lived together for 12 months
  • You plan to marry your partner within 9 months of arrival in Australia

6. Dependent Child visa (subclass 445)


Visa Type: Temporary visa

You can add the dependent child to the subclass 100 or subclass 801 permanent partner visa application after this visa has been granted.

Who is it for?

  • If you have a child or step child or adopted child aged under 25
  • You are able to provide the child both stay and financial arrangements for at least 2 years upon arrival in Australia

Note: Choosing the correct visa type is very important as it directly impacts your visa success or denial. Make sure that you consider all the aspects of your profile and that of your spouse before you begin your visa application process. 

Get the best possible advice and free evaluation done by our Australia spouse visa experts today!


What are the Main Exceptions for a Permanent Partner Visa?

You don’t need to complete 2 years of living in Australia with your partner to transition from temporary to permanent partner visa if:

  • You have 5 or more years of proof of relationship or marriage with your Australian partner
  • You have dependent children in your marriage or relationship. Length of your relationship must be over two years.
  • You were in a documented relationship with your spouse before they obtained a protection visa or permanent visa

What Documents Should I Provide as Evidence of Identity and Marital Status?


The following documents are required as evidence of identity and marital status:

For FinancesJoint mortgage or lease documentsJoint loan documents for major assets like homes, cars, or major appliancesJoint bank account statementsHousehold bills in both names
For Your HouseholdAn email about how you share houseworkHousehold bills in both namesMail or emails addressed to you both
For Social MattersInvitation to prospective marriage, parties, etc.Images of togetherness with common friends Marriage CertificateProof you do joint sporting, cultural, or social activities together.Proof you travel together.
To Prove CommitmentProof you have knowledge of each other’s background, family situation.Proof you have combined your personal matters.
To prove De facto CommitmentEvidence of marriage and event photos or videos Evidence of contact (eg: emails, letters. Messages, call history,etc)Birth certificates for any children you shareProof of Joint ownership or finances shared (eg: joint rental agreement, joint bank accounts, joint credit cards, bills and lease agreements)Written statements by spouse explaining your relationship historySocial evidence of your relationship (eg: invitation sent to you by relatives and friends)

Not sure on what documents to gather as evidence for your Australian spouse visa? We can you!


Other Important FAQs

Who is termed as a De Facto Partner?

Your partner is a de facto partner if:

  • You both are not legally married to each other.
  • You have a true relationship and have the trust of continuing.
  • You both are committed to sharing your life.
  • You both live together.
  • Families do not relate to you both.
  • The partner can be of the same or different sex.
  • Your de facto relationship must have existed for at least 12 months before you apply for the visa.

What are the different types of Australia Permanent Spouse Visas?

Visa Type Basis to Apply
Provisional Partner VisaApplicants must be outside Australia while applying.
Work Visa for SpouseFor the temporary Visa: you need to be outside Australia while applyingFor the Permanent Visa: You need to be inside Australia while applying
Student Visa for SpouseAustralian Partner visas seekers can either be in or outside Australia. Depending on which Visa they are applying for: Temporary or Permanent Visa

Who is not considered for a Spouse visa?

  • Polygamous Marriages
  • Marriages within a Prohibited Degree of Relationship
  • Parent and Child Or Grandparent and Grandchild
  • Siblings 
  • Underage Marriages

What are the benefits of obtaining the Spouse Dependent Visa?

By obtaining the Spouse Dependent Visa, you can get many benefits associated with, such as:

  • You will be eligible to apply for Australian citizenship.
  • You will be Eligible to receive social security payments.
  • You can travel in and out of Australia (for 5 years).

What are the essential things needed for applying for a Dependant child visa?

  • The child has to be a biological child, adopted child, or step-child for the parent.
  • The person sponsoring the child has to be the same person sponsoring the partner parent.
  • The child must be below 18 years of age and must be single, i.e., should not be married or engaged.

There are few exceptions for a child above 18 years to get accepted:

  • They have to be financially dependent on the parent who is holding a temporary visa.
  • If the child is physically or mentally unfit.

What happens if my current visa expires?

  • If the visa you are currently holding expires before receiving your temporary partner visa, then you need to stay in Australia by obtaining a Bridging Visa A (BVA).
  • The BVA (Bridging Visa A) is a temporary visa allowing you to live in Australia if your current visa expires. 
  • There is no need for you to apply separately for the visa.

What do you understand with Partner Visa Subclass 820 and Subclass 801?

  • The Subclass 820 visa type allows you to live in the country with an onshore partner visa. With this type, the visa applicant will need to get sponsored by the partner and live in Australia for two years.
  • After that, if you wish to set up a permanent residence in Australia, then you can apply for subclass 801. The visa is commonly known as Partner Permanent Onshore. 

What should be done if you plan to live outside of Australia with a partner visa?

If you plan to live outside Australia with an offshore partner visa, you should obtain the subclass 309 visa (Provisional Partner Visa).

Can an eligible New Zealand citizen sponsor a partner in Australia?

New Zealand citizens are not generally eligible for Australian citizenship. They are also not able to sponsor relatives or prospective spouses for Australian PR visas, Partner visas, or Parent visas.

What are the types of Family, Partner & Spouse visas in Australia?

Here is a short list of dependent visas:

  • Prospective Marriage Visa (Fiance Visa)
  • Partner Visa application made outside Australia (Offshore Partner Visa)
  • Partner Visa application made inside Australia (Onshore Partner Visa)
  • Aged Parent Visa
  • Parent Visa
  • Contributory (Temporary) Parent Visa

What are the forms you have to submit?

Form 47SP: Application for migration to Australia by a partner.

Form 40SP: Sponsorship for a partner to migrate to Australia.

Form 956: This is called  ‘Advice by a migration agent/exempt person of providing immigration assistance.

Form 956A: This is called the ‘Appointment or Withdrawal of an authorized recipient.’

Can I meet my partner on a visitor visa and then apply for an Australian Marriage Visa?

Yes. You can apply for an Australian Marriage Visa while you are on a visitor visa to the country. In fact you should be holding a valid visa prior to applying for a partner visa in Australia.

Can a registered migration agent help me become an Australian permanent resident?

Yes, registered migration agents can help you with your Australian permanent resident application. However, check if they are up-to-date with the current Australian law and procedures.

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