Spouse Visas - Onshore and Offshore
This visa is for those in committed relationships.
These visas allow you to enter or remain in Australia on the basis of your married or de-facto relationship with your partner (a) on a temporary 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 dependent children and other eligible dependent relatives.
Who is eligible for a Spouse Visa – Onshore and Offshore?
Married Applicants - 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 six months immediately before application. Same sex couple 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) (b) all the following circumstances apply (i) your partner is, or was, the holder of a permanent humanitarian visa (ii) prior to their permanent humanitarian visa being granted, you were in a relationship with your partner that meets the requirements of a de facto relationship and (iii) the department was informed of this before the permanent humanitarian visa was granted.
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 Prospective Marriage Visa (300) - Offshore
Spouse temporary visa (onshore and offshore visas) – permit you to enter or remain in Australia with your spouse, until a decision is made regarding your permanent visa, work in Australia, 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.
Spouse permanent visas (onshore) – allow you to remain permanently in Australia with your spouse, work and study in Australia, enrol in Australia's medical benefits expenses and hospital care scheme, Medicare. You may also be eligible to receive certain social security payments and apply for Australian citizenship (subject to the residency eligibility criteria)
Note: In certain circumstances you can apply to go straight to permanent residency without the two year temporary residency requirement.
Prospective Marriage Visa (Subclass 300) - Offshore
This visa allows you to enter Australia and marry your intended spouse (fiancé(e)) within the visa's nine (9) month validity period.
Your fiancé(e) must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
Who is eligible for a Prospective Marriage Visa (300) - Offshore?
The main purpose of applying for this visa is to allow you to come to Australia and then marry your intended spouse and live as husband and wife. You must genuinely intend to marry your fiancé(e). You must also genuinely intend to live with your fiancé(e) as husband and wife.
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.
Other Requirements for a Prospective Marriage Visa (300) - Offshore
You must be able to legally marry according to Australian law. This means you must be aged 18 years or over. If you are aged 16 years or over but less than 18 years, you must have an Australian court order allowing you to marry your intended spouse, or you must both be of marriageable age at time of the intended marriage.
Your fiancé(e) in Australia can be aged under 18 years if they have an Australian court order allowing them to marry you. In these circumstances, their parent or guardian must be your sponsor and they must be an Australian citizen, a permanent resident or eligible New Zealand citizen aged 18 years or over.
You must be of the opposite sex to your intended spouse. Same-sex couples are not eligible for this visa.
You must have met (as adults) your intended spouse in person and know him or her personally. This must be the case even if it is an arranged marriage, you and your sponsor met as children and the marriage was arranged before you turned 18 years of age or you met on the internet (exchanging photographs is not evidence of having met in person).
Benefits of the Prospective Marriage Visa (300) - Offshore
With this visa, you must enter Australia before you marry your fiance(é), may leave and re- enter Australia as many times as you wish before your visa ceases (nine (9) months after visa grant), can work in Australia, can apply for a Spouse visa in Australia after you marry your fiance(é), can study, but you will not have access to government funding and may use Australia's medical expenses and hospital care assistance scheme, Medicare, but only if you are in Australia and have already applied for a Spouse visa.