If you’re an Indian citizen looking to join your Australian spouse, navigating the visa process can seem complex and overwhelming. However, understanding the different visa categories available to you can help streamline your application and make the process more manageable. This blog aims to provide a detailed guide for Indian applicants who wish to apply for a visa to live with their Australian resident spouse.
Spouse Visas in Australia
When it comes to joining your Australian spouse, the most common visa options are Partner Visas.
- Subclass 820/801 – Onshore Partner Visa
- Subclass 309/100 – Offshore Partner Visa
Both of these visa types allow you to stay in Australia as a partner of an Australian resident, but they differ depending on whether you are already in Australia or applying from abroad.
Key Australia Spouse Visa Categories
Subclass 820/801 – Onshore Partner Visa
This visa is designed for applicants who are already in Australia and wish to apply for a visa to stay with their Australian spouse. Subclass 820 is a temporary visa that allows you to live and work in Australia while your application for a permanent visa (Subclass 801) is processed.
Eligibility Criteria
- At the time of application, you have to be in Australia.
- You must be in a sincere and continuous relationship with a citizen of Australia, a permanent resident, or an eligible citizen of New Zealand.
- Your relationship can be either through marriage or a de facto relationship (living together for at least 12 months).
Temporary Visa (Subclass 820)
- Subclass 820 applicants will receive a temporary visa to stay in Australia while their permanent visa is processed.
- You are allowed to live, work, and study in Australia with this temporary visa.
Permanent Visa (Subclass 801)
- After living in Australia for at least 2 years on Subclass 820, you can apply for the permanent Subclass 801 visa, provided your relationship is still ongoing.
- Subclass 801 grants permanent residency, which includes the right to live, work, and study in Australia indefinitely, as well as access to healthcare and other social benefits.
Processing Times and Costs
- Processing times can vary, but typically it may take about 18 to 24 months for both temporary and permanent visas.
- The application fee for the Subclass 820/801 visa is around AUD 9095 (subject to change).
Subclass 309/100 – Offshore Partner Visa
The Subclass 309/100 visa is for applicants who are outside Australia when applying for the partner visa. Similar to Subclass 820/801, it is a two-step process that starts with a temporary visa (Subclass 309) and leads to a permanent visa (Subclass 100).
Eligibility Criteria
- Applicants must be residing outside of Australia at the time of application.
- You must be in a genuine relationship with your Australian spouse or partner.
- Your relationship can be through marriage or a de facto relationship (you need to have been living together for at least 12 months).
Temporary Visa (Subclass 309)
- Once granted Subclass 309, you can stay in Australia temporarily while waiting for your permanent visa.
- As with Subclass 820, you will be allowed to apply for the permanent Subclass 100 visa after 2 years, provided your relationship is still valid.
Permanent Visa (Subclass 100)
- After two years, you can apply for Subclass 100, which grants you permanent residency in Australia.
- This permanent visa allows you to live in Australia indefinitely and access Australian government benefits, including healthcare.
Processing Times and Costs
- Subclass 309 typically takes 12 to 18 months to process, depending on the circumstances and volume of applications.
- The application fee for the Subclass 309/100 visa is approximately AUD 9095, though it’s always important to check the latest fees on the Australian government website.
Key Documentation and Evidence Required for Australia Spouse Visa
One of the most important aspects of applying for a partner visa is providing evidence to support your relationship. This documentation demonstrates that your relationship is genuine, committed, and ongoing. Common documents you will need include:
- Proof of Relationship: Marriage certificate or proof of a de facto relationship (e.g., joint lease agreements, utility bills in both names, photos together, communication logs).
- Identity Documents: Passport, national ID, birth certificates, and any previous visas or travel records.
- Health and Character Requirements: Medical exams to ensure you meet Australia’s health standards.
- Evidence of Australian Spouse’s Status: Proof that your spouse is an Australian citizen or permanent resident (e.g., passport, birth certificate, or permanent residency card).
- Additional Evidence: For de facto relationships, you may need more evidence to show the relationship is genuine and ongoing (e.g., joint financial accounts, shared responsibilities, long-term living arrangements).
Australia Spouse Visa Application Process for Indian Applicants
The application process for a partner visa can seem long and complex, but understanding the steps can help make it smoother.
- Gather Documentation: Collect all the required documents, including proof of your relationship, identity documents, and health checks.
- Apply Online: Applications for both Subclass 820/801 and Subclass 309/100 can be submitted online through the Department of Home Affairs website.
- Wait for Processing: Processing times can vary, but you can track the progress of your application online.
- Temporary Visa Grant: If applying onshore (Subclass 820), you will receive a temporary visa, allowing you to stay in Australia. If applying offshore (Subclass 309), you will receive a temporary visa to live in Australia while waiting for the permanent one.
- Apply for Permanent Visa: After the waiting period (typically 2 years), you can apply for the permanent Subclass 801 or Subclass 100 visa, depending on your initial application.
- Receive Permanent Residency: Once your permanent visa is approved, you will be granted permanent residency, allowing you to live, work, and study in Australia indefinitely.
Challenges Faced by Indian Applicants
While applying for a partner visa, Indian applicants may face some common challenges:
- Insufficient Relationship Evidence: The success of your application largely depends on the quality of evidence you provide. Inadequate documentation or unclear proof of the genuine nature of your relationship may result in delays or refusal.
- Processing Delays: Processing times can be unpredictable, and you may experience delays due to the high volume of applications or additional requests for documents.
- Visa Costs: The cost of applying for a partner visa can be significant, and applicants often seek legal or migration agent assistance, which adds to the expense.
- Health and Character Checks: Indian applicants may face delays in obtaining police clearance certificates or meeting health requirements, especially if they have lived in multiple countries.
Benefits of Australia for Spouse Visa for Indian Applicants
There are numerous benefits to obtaining a partner visa in Australia:
- Right to Live, Work, and Study in Australia: Once granted the visa, you can live, work, and study in Australia, even while your permanent visa is being processed.
- Permanent Residency Pathway: After the required waiting period, you can apply for permanent residency, which offers access to government services like healthcare and social benefits.
- Family Reunification: Partner visas allow you to reunite with your Australian spouse and build a future together in Australia.
Alternatives and Other Visa Options
If you do not meet the eligibility criteria for a partner visa, there are other visa options:
- Prospective Marriage Visa (Subclass 300): If you are engaged to an Australian citizen or permanent resident, you can apply for a Prospective Marriage Visa, which allows you to marry in Australia and then transition to a partner visa.
- Visitor Visa: If you’re waiting for your partner visa to be processed, a visitor visa could allow you to spend time in Australia while your application is under review.
By understanding the visa categories, the application process, and the documents required, you can make informed decisions and improve your chances of a successful application.
West Highlander Immigration
It’s always advisable to seek professional help if you’re unsure about any aspect of your application. Migration agents or lawyers can provide personalized guidance to help you navigate the complex visa process. Contact Ms. Parwinder Kaur, a MARA agent at West Highlander.