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Fiancee & Spousal Visas for Australia
Fiancé Visa Australia
Fiancé Visas
If you intend to marry an Australian citizen or permanent resident, you may be entitled to a fiancé visa. Your fiancé can sponsor you for temporary residence in Australia for up to 9 months during which the marriage should take place.
Visa Conditions and Duration
A fiancé visa lasts 9 months, during which you must marry your sponsor. You will be entitled to full work rights for the duration of the fiancé visa. Once you are married, you will be eligible to apply for permanent residence through a spouse visa.
Visa Criteria
In order to be eligible for a fiancé (prospective marriage) visa, you must
Be engaged to an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
Be able to show that your relationship is genuine. This will involve demonstrating that:
you genuinely intend to marry your fiancé within nine months from the date you are granted a visa, and intend to then live with your partner as their spouse; and
you and your fiancé have met and are personally known to each other
Both you and your fiancé must be aged 18 years or over unless one of the following circumstances applies:
The Department of Immigration is satisfied that you and/or your fiancé are due to turn 18 before the end of the period within which the intended marriage is to take place; or
An Australian judge or magistrate has made an order under section 12 of the Marriage Act 1961 authorizing you to marry your fiancé or vice versa as required, and that order is in force and DIMIA is satisfied that the marriage will take place.
How do I apply?
You must be outside Australia when you apply and when you receive your visa. Depending on the circumstances, you may wish to employ the services of a migration agent.
Spouse Visas
You may be eligible for a spouse visa if you are in a relationship with an Australian citizen, Permanent Resident or eligible New Zealand citizen. You must either be married or in have lived together in a de-facto relationship for 12 months or more.
Visa Conditions and Duration
Once your initial spouse application is granted, you will be issued with a Temporary Visa. This will allow you to stay in Australia for 2 years and you will have full work rights during this period.
After the two year period, you will be entitled to apply for permanent residence in Australia provided that your relationship still continues. In some circumstances, you may be eligible for permanent residence even if the relationship has broken up before the end of the 2 year period. These circumstances include:
If your spouse has died during this period; or
If you and your Australian spouse have children under 18 years of age; or
If you or your dependents have been subject to domestic violence during this period
Visa Criteria
In order to be eligible for a spouse visa, you must meet the following criteria:
1. you and your spouse have a commitment to a shared life as husband and wife, whether or not you are legally married, to the exclusion of all others;
2. your relationship is genuine and continuing; and
3. you and your spouse live together, or don’t live separately and apart on a permanent basis.
4. unless you are legally married, you must have been in a spouse relationship for the last 12 months, which usually involves showing that you have lived together during this period
5. generally, you both need to be aged 18 or over.
6. you must pass health and character criteria.
In some circumstances, a waiver is available for the 2 year period before applying for permanent residence:
if you have been in the relationship with your spouse for five years or more at the time of application; or
if you have been in the relationship for two years where there are dependent children of the relationship; or
if your spouse was granted a permanent visa under the humanitarian program or was granted a protection visa and was in the relationship with you before the visa was granted and this relationship was declared to DIAC at the time.
How do I apply?
You may either be in Australia or overseas when applying for a spouse visa. There are advantages to applying from within Australia. Depending on the circumstances, you may wish to employ the services of a migration agent.
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