Please select Menu Source

What Are The Requirements For Spouse Visa In Australia

The application process of spouse visa involves providing substantial evidence of the relationship’s authenticity, such as joint financial documents, cohabitation proof, and statements from friends and family. With this knowledge, applicants can better prepare their visa applications, increasing their chances of approval.

The journey of acquiring a spouse visa in Australia is necessarily connected with the competence to distinguish between what is available and the criteria of different types of visas. In this guide, we will examine the different kinds of spouse visas available, the application processes involved, and the main requirements that each partner needs to satisfy to reside permanently in Australia. It becomes easier for candidates to be informed and have a good chance of being in favor when they arm themselves with the right Information.

This guide aims to demystify the process, outlining the various spouse visa options, the application procedures, and the essential requirements partners must meet to achieve permanent residency in Australia.

Need Help?

Got an issue you want to talk to a legal professional about? Get a free consultation.

*Free consultation is limited to 15 minute phone call for us to give preliminary advice

Types of Spouse Visas in Australia

Australia offers several pathways for partners, which include both temporary and permanent arrangements depending on the applicant’s current location and relationship status. These visas allow individuals to join their partners in Australia, fostering a life together under the legal protection of Australian immigration laws.

  • Temporary Partner Visa (Subclass 820) and Permanent Partner Visa (Subclass 801): The application for a Subclass 820 visa must be successful as it lays a foundation for a Subclass 801 visa application that gives the applicant the immigration status and allows them to stay in Australia while the application for the permanent visa is assessed – usually two years from the date of the initial application.
Provisional Partner Visa (Subclass 309) and Permanent Partner Visa (Subclass 100): The objective is to assist students living overseas in accessing their universities. The Subclass 309 visa grants the applicant entry and remains in Australia with the restriction of a two-year temporary stay until the permanent Subclass 100 visa decision is out which again usually takes another similar two-year waiting period.
  • Prospective Marriage Visa (Subclass 300): Otherwise known as the fiancé visa, it is aimed at those partners who are outside of Australia but still looking to get married to their Australian partners. It is the visa that has to be applied for, that gives the holder the right to enter Australia and marry their sponsor in 9 months. Meanwhile, the marriage of such applicants can pave the way for them to apply for the Subclass 820 and 801 visas.

What Is The Application Process For A Spouse Visa?

The Australian spouse visa application process is strictly guided and a comprehensive one that needs the applicants to follow several key stages. This step-by-step methodology guarantees that all possible issues are taken into account and taken care of properly before the visa is approved.

Gather Documentation

The very first step is collecting all the documents, which show the legitimacy of the relationship and the applicant’s eligibility, for asylum application. This reads like their joint bank accounts, marriage certificates, shared lease agreements, etc. Collecting a wide range of documentation is the very first stage in the visa application process.

Sponsorship Approval

The Australian sponsorship has to be approved before a candidate can begin the visa application. This is a step through which the sponsor proves that they can provide financial support and necessary residential infrastructure and meet all the legal requirements to sponsor a partner to Australia.

Application Submission

The Australian sponsorship has to be approved before a candidate can begin the visa application. This is a step through which the sponsor proves that they can provide financial support and necessary residential infrastructure and meet all the legal requirements to sponsor a partner to Australia.

Pay the Application Fee

The application fee to be paid is the first game-changing element in the whole process. It can be different for every visa subclass that is applied. Completing the payment is a crucial aspect of the application process, as it should be done to prevent delays.

Attend Interviews and Health Checks

Interviews may be necessary for some applicants and thus their health checks will also be done. These steps enable the data from the application to be checked and the applicant to be confirmed that he/she meets the health status standards to live in Australia.

Visa Decision

The final step is the decision phase, where the Australian immigration authorities review the application in detail. If successful, the applicant will be granted a spouse visa, allowing them to live in Australia with their partner. This stage may take several months, depending on the complexity of the case and the completeness of the application.

What Are The Requirements For a Spouse Visa In Australia?

Obtaining a partner visa in Australia hinges on satisfying a rigorous set of criteria that assess the authenticity and longevity of the applicant’s relationship with their Australian partner.

Prove the Relationship

The candidates would have to show an extent of proof that the connection is true and active. For instance, these involve things like equitable financial management, living together, taking trips together, and plans. Every piece of evidence achieves this goal of evidence of the steadiness and endurance of the undertaken relationship.

Health and Character Checks

The health and character of the applicants must be checked against the defined standards. It includes the process of having a medical checkup and obtaining a police certificate from the country where you have resided for more than one year out of the last 10. These safeguards are paramount to guaranteeing the safety of the community members and to prevent any health-related issues that may be brought in from the outside world.

Meet the Sponsorship Conditions

The Australian partner must be a qualified sponsor, which establishes a person to be a citizen of Australia, a permanent resident, or an eligible New Zealand citizen. They should pass some tests related to their community activities and economic situation as applicants need to settle in Australia and its infrastructure during the early years.

Continuous Relationship Test

For the permanent visa stages (for instance Subclass 801), the applicants have to prove that their relationship has managed to be stable and genuine for at least two years since the time the application for a temporary partner visa was made. Solely focusing on menswear ignores the fact that women, too, may have special circumstances such as having children or enduring family violence.

Additional Criteria for Subclass 300 Visa Holders

For those who wish to do so on the Prospective Marriage Visa (Subclass 300), their marriage must be conducted within the validity period of nine months and then they may file the Subclass 820/801 visas for permanent residency.

Through the submission of the required documents and thorough preparation, applicants can increase their chances of receiving a spouse visa. This means that the couple would be able to live together in Australia as legally as they could.


Usually, some of the documents are mandatory and they are sometimes proof of their identity, evidence of the relationship (like marriage certificates and joint bank statements), police checks from the countries that have lived in in the last decade, and medical assessments. Besides the calendar, detailed and signed personal statements telling specifically about the period when the relationship started and developed will be useful too.

Processing time can be greatly affected by the subclass, and on the specific factors that are involved in the case. At the moment, applying for temporary partnership visas such as Subclass 820 could take up to 25 months, but obtaining permanent visa like Subclass 801 might take up to 16 months from eligibility. These turnout estimates are estimates and subject to change according to the individual issues and application load.

This problem is because the requirements are extremely complex and the level of detail required in the documentation is quite sophisticated. Confirming that all requirements are met and the presentation of the application in an organized and detailed way will make it easier to obtain a spouse visa.

This amount is the latest statistics for the fee of a joint application for Subclass 820 and Subclass 801 visas and it is approximately AUD 7,850. Beyond the usual expenses, you may need to pay for medical examinations, criminal checks, legal consultations, or in some cases, administrative fees.

Our Latest Blogs

Clear Filters

Can My Partner Cancel My Visa in Australia?

The help of Partner Visa Lawyers is the only option in cases where your residency status in Australia is in danger because of your partner.

How Long Does It Take To Get Permanent Residency For A Spouse In Australia?

The minimum processing time for a partner visa is around 17 months. However, certain factors may expedite or prolong this time frame for permanent residency.

Partner Visa: Important Points And Requirements

A Partner Visa is a special category of visa designed for individuals seeking to join their partners in a foreign country.

How Much Do I Need To Earn To Sponsor My Spouse In Australia?

Sponsoring your spouse in Australia through the Partner Visa program is a significant step in your journey together.


Our Happy Clients

Patrick Chiu
Patrick Chiu
I am incredibly grateful for the outstanding service provided during my recent property purchase. From the initial consultation to the final closing, the team's professionalism and expertise were exceptional.
Macy Li
Macy Li
Tina at CMI Legal is very professional and technical. Great service. Highly recommend to everyone!
Michael Glenn
Michael Glenn
Rita and John settled the matter expeditiously and according to my instructions. I appreciate their clear communication diligence!
Jeena J
Jeena J
Tina has been an absolute gem in assisting us with our journey to find our first home. As newcomers to the property market, the myriad of processes and legal documents left us feeling overwhelmed. However, Tina's unwavering support and guidance made it a breeze for us. Her meticulous attention to detail proved invaluable in identifying potential risks and swiftly addressing them on our behalf. We wholeheartedly recommend her services, particularly if you're seeking someone you can place your utmost trust in. She is a true professional who goes above and beyond to ensure a seamless experience.
Recently, because of selling a house, I got to know Ms. Tina from this law firm through a friend's introduction. A very cute and beautiful girl who can speak English Mandarin and Cantonese fluently. In the whole process of selling a house, the business is quite professional and skilled, explaining the clauses in the contract that the customer does not understand, and actively avoiding the unfavorable treaties for the customer. So the whole transaction went very smoothly, and all the house payments have been received today. Thanks to this beautiful lawyer in this law firm.
Diana Farrera
Diana Farrera
We've dealt with many solicitors for our company and definitely CMI provides a really good service and looks after the clients effectively. Thank you to Rita & team.
Gwen Lau
Gwen Lau
I have been a client of Tina Tang solicitor CMI Legal Pty Ltd I can recommend her to do her job 110% her attention to detail informing clients of legal jargon in contracts simplifying the language is phenomenal. Tina replies to phone calls, texts, emails immediately her professionalism is outstanding, in her respect tone of voice and getting the job done with all the relevant documents to protect you as a client. Her protection of you as a client arming you with information in the legal world is something i never ever found in other solicitors I engaged over the years. I can recommend her legal services to anyone and if you decide to hire her you can only benefit
Ray Vella
Ray Vella
I needed legal advice on Copyright issues and spoke to John in CMI Legal. I found John to be very patient and genuinely wanted to help. He took an interest in my concerns and was very clear and thorough with his explanations of the legal aspects. He also went the extra mile to research any grey areas and promptly got back to us to confirm his findings. I am very grateful for the help from John and as a result of our consultation I have learnt the general rules of intellectual property copyright issues. I would not hesitate to seek John’s help if needed in the future and would highly recommend CMI Legal’s services to others.

Explore Our Comprehensive Legal Services

Got an issue you want to chat to a Legal Professional?

*Free consultation is limited to 15 minute phone call for us to give preliminary advice