Step-by-Step: How to Apply for an Australian Spouse Visa

Migrating to Australia to be with your partner can be an exciting journey, but the process to secure a spouse visa Australia can also feel overwhelming without the right guidance. Whether you’re already in the country or applying offshore, understanding each step of the visa process is crucial. This guide breaks it all down clearly, ensuring you’re well-prepared from start to finish.

Understanding the Spouse Visa

The Australian spouse visa, officially known as the Partner Visa (subclass 820/801 for onshore and subclass 309/100 for offshore), allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia. The visa is granted in two stages: a temporary visa first, followed by a permanent one after a specified period.

Who Can Apply?

Before starting your application, make sure you meet the eligibility criteria. To apply for a spouse visa, you must:

• Be legally married or in a genuine de facto relationship with an eligible sponsor.

• Be at least 18 years old.

• Have evidence of a continuing and genuine relationship.

• Pass health and character assessments.

It’s essential to demonstrate that your relationship is ongoing and mutually committed. This includes living together or, if not, having valid reasons for living apart with evidence to support it.

Step 1: Gather Essential Documentation

Preparation is key to avoiding delays. Documentation should be comprehensive and authentic. Here’s a breakdown of the required documents:

For the applicant:

• Passport bio-data page

• Birth certificate

• National ID (if applicable)

• Health and character assessments

• Relationship history and evidence

For the sponsor:

• Proof of Australian citizenship or permanent residency

• Evidence of financial and emotional commitment to the relationship

Relationship evidence might include:

• Joint bank accounts

• Lease agreements or utility bills with both names

• Photos, communication history, travel itineraries together

• Statutory declarations from friends and family

The Department of Home Affairs expects evidence from four categories: financial aspects, nature of the household, social context, and commitment to each other. Include as much as you can to build a compelling case.

Step 2: Submit the Online Application

All spouse visa applications must be lodged online through the ImmiAccount portal on the Australian Government’s immigration website.

Create an account and complete the Partner Visa form. The application fee is significant, so be prepared financially. As of now, it’s over AUD 8,000, though the amount can change. After submission, you will receive a Transaction Reference Number (TRN) which is essential for tracking the status of your application.

Both the applicant and sponsor must submit their respective forms. Ensure the sponsor completes the Sponsorship for a Partner to Migrate to Australia form (Form 40SP).

Step 3: Undergo Health and Police Checks

Once your application is acknowledged, you’ll receive instructions for medical examinations and police clearances.

Medical exam: Conducted by an approved panel physician. The results are submitted electronically to the immigration department.

Police clearance: Applicants need to provide police checks for every country they’ve lived in for 12 months or more in the last 10 years. This includes your home country and any others where applicable.

Delaying these checks can result in prolonged processing times, so aim to complete them promptly after the request is made.

Step 4: Monitor the Application and Respond Promptly

After submission, processing times can vary. The temporary visa (subclass 820 or 309) can take 12 to 24 months. The permanent stage (subclass 801 or 100) typically becomes available two years after the initial application.

You may receive requests for additional information. Always respond within the deadline and upload new documents directly to your ImmiAccount. Keep your contact details updated so you don’t miss important updates.

It’s also a good idea to track your relationship’s progression even after submission. Continue to gather evidence of your partnership, especially for the permanent stage.

Step 5: Await Visa Decision and Plan Your Next Steps

Once granted, the temporary partner visa allows the applicant to:

• Live, work, and study in Australia.

• Access Medicare (Australia’s public healthcare system).

• Travel in and out of the country freely.

• Apply for the permanent partner visa stage when eligible.

The permanent visa, when approved, grants unrestricted permanent residency and can eventually lead to Australian citizenship if other criteria are met.

Remember, visa refusal is possible if documents are missing, the relationship is found lacking in genuine commitment, or character requirements are not met. Taking each step seriously increases your chances of success.

Common Mistakes to Avoid

1. Incomplete Documentation
Submitting insufficient evidence is one of the top reasons for delays or refusals. Always double-check what’s needed and aim to provide thorough proof.

2. Misrepresenting the Relationship
Never exaggerate or falsify information. Inconsistent stories or conflicting evidence can lead to serious consequences.

3. Missing Deadlines
Failure to respond to requests or submit updates on time can significantly impact your application.

4. Not Keeping Records Post-Lodgement
Your relationship must continue to remain genuine and ongoing. Keep evidence flowing and save it for the permanent visa stage.

Can You Work While on a Spouse Visa?

Yes. Once the temporary spouse visa is granted, you have full work rights in Australia. If you’re on a bridging visa while your application is being processed (after applying onshore), you might also be eligible to work depending on the bridging visa conditions.

Should You Apply Onshore or Offshore?

This decision depends on your current location and visa status. Onshore applications allow you to remain in Australia while the application is processed. Offshore applicants must be outside of Australia when applying and when the temporary visa is granted.

If you’re already in Australia on another valid visa, applying onshore can offer the benefit of staying in the country with your partner during processing.

Why Legal Guidance Matters

Though the application can be done independently, it’s not always straightforward. Many applicants seek professional help to ensure accuracy, especially in complex cases—like previous visa refusals, long-distance relationships, or legal separations before reunification.

A qualified Australia immigration lawyer can assist with preparing a strong application, responding to legal queries from the immigration department, and helping you avoid costly mistakes. This is particularly helpful if your situation involves previous visas, dependent children, or any legal complications.

Conclusion

Applying for a spouse visa is not just about paperwork—it’s about proving the authenticity and strength of your relationship. Each step, from gathering documents to final approval, plays a vital role in the journey toward living in Australia with your partner. While it may seem daunting, with the right preparation and guidance, it’s absolutely achievable.

For individuals who want a seamless application experience and peace of mind, consulting an Australia immigration lawyer can be a smart investment. It ensures that every detail aligns with immigration policies and maximizes the chances of success