This visa is for those in committed relationships on a married or defacto basis.
This visa allows you to remain in Australia on the basis of your married or de-facto relationship with your partner (a) on a temporary immigration visa (usually for a waiting period of approximately two (2) years from the date you applied for the visa) or (b) on a permanent visa if, after the waiting period (if applicable), your partner relationship still exists and you are still eligible for this visa.
This visa includes dependant children and other eligible dependent relatives.
Who is eligible for a Spouse Visa – Onshore and Offshore?
Your marriage must be legal under Australian Law. If you were married in a country other than Australia and that marriage is valid in that country, generally it will be recognised as valid under Australian law. There are some exceptions, such as same-sex, underage or polygamous marriages, which are not accepted in Australia. Same-sex couples are not eligible for this visa.
De Facto Applicants
You and your partner must have been in a de-facto relationship for the entire 12 months immediately prior to making application and you must have been living together for at least 12 months immediately before application. Same sex couples can apply under this subclass and use the same criteria.
The 12-month requirement may be waived if (a) you can demonstrate compelling and compassionate circumstances, (e.g. you and partner have children) or (b) you have registered your defacto relationship in an Australian State or Territory.
Other Requirements for a Spouse Visa – Onshore and Offshore
You must be sponsored by an eligible sponsor. An eligible sponsor is an Australian citizen or permanent resident, or an eligible New Zealand citizen, who undertakes sponsorship obligations. Usually, the sponsor is your partner and is over 18 years old.
You and your partner must show a mutual commitment to a shared life as husband and wife to the exclusion of all others. You and your partner must be living together or, if not, any separation must be only temporary. You must also have a genuine and continuing relationship with your partner.
Benefits of the Onshore Partner Visa (Subclass 820)
This visa will permit you to remain in Australia with your spouse until a decision is made regarding your application. Generally a Bridging Visa with unlimited work rights will be available to you during the processing period of the application. You can study in Australia, but you will not have access to government funding for tertiary study and Australia’s medical benefits expenses and hospital care scheme, Medicare.
Note: In certain circumstances you can apply to go straight to permanent residency without the two year temporary residency requirement.
Visa Charges can be found here.