Australia Migration, Immigration Australia, Migrating to Australia
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Migration Institute of Australia Member
Registration Number 1971 and 2748
Registered to Provide Migration Advice
MARN numbers:
0208366, 0426675, 0641256, 0742456 and 0640237
More info about Immigration Australia, Visa Australia
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Spouse and Prospective spouse visas

This is a two-stage visa

Stage 1:  a temporary visa initially that is subsequently changed to a  stage 2: permanent visa after two years if the relationship is assessed as still being genuine and on-going.

The spouse visa is also available where the applicant is in a de facto relationship.

Conditions that apply to the applicant:

  • Must be married to the Australian sponsor in a marriage that is valid under the law in Australia, or
  • Must be in a de facto relationship with the Australian sponsor, or
  • Must have physically known the Australian sponsor, and will be married to the sponsor in a marriage that is valid under Australian law by the time the visa is granted

Prospective Marriage (also known as the Fiance Visa)

The applicant is overseas and wants to come to Australia to marry an Australian citizen, eligible permanent resident or eligible NZ citizen (who also acts as sponsor).

The initial visa is valid for 9 months, during which time the applicant must marry the sponsor and apply for the spouse visa if he or she wishes to remain in Australia.

The applicant must:

  • Have physically met the Australian sponsor, and
  • Be engaged to be married to the Australian sponsor in Australia (details will usually be required to confirm arrangements, etc), and
  • Marry the Australian sponsor within 9 months of entering Australia, and
  • Intend to live with the sponsor after marriage in a genuine spousal relationship, and
  • Apply for the spouse visa within the period of the visa.

Note that this visa can only be applied for outside Australia, and that there are no provisions allowing an individual who is already in Australia on another category of visa to extend their stay in anticipation of marriage. Such a person would be required to marry their fiance(e) before their visa expired, and to apply for the spouse visa.

Application Process - Prospective Marriage Visa 

Your application for a prospective marriage [fiancÚ(e)] visa must be lodged outside Australia and you must be outside Australia when you apply.  

People applying under the prospective marriage [fiancÚ(e)] category go through a three-stage process. The process involves applying for a prospective marriage temporary visa at the first stage, and a spouse temporary visa and spouse permanent visa at the second and third stage.

Stage 1 - Prospective Spouse Temporary Visa 

This stage involves assessment of your eligibility for a temporary visa based on your application. You may be asked to attend an interview to enable DIAC to further assess your application. You will also be asked to undergo a medical examination and provide character clearances. 

If you successfully complete the first stage of processing, you will be granted a temporary visa which will be valid for nine months from when it is granted. Within those nine months you must travel to Australia, marry your fiancÚ(e) and apply for the spouse temporary and permanent visas in Australia. 

Stage 2 - Spouse Temporary Visa 

This stage of processing will begin when you apply in Australia for the spouse temporary and permanent visas after your marriage. You will be required to complete the relevant forms, pay the required charge and provide evidence that your marriage has taken place and is genuine and continuing. You and your spouse may be asked to attend an interview.

 If you successfully complete this stage of processing, you will be granted a temporary visa which will be in effect until a decision is made on your application for a permanent visa.

 Stage 3 - Spouse Permanent Visa 

This stage of processing will begin approximately two years after you lodged your application for spouse temporary and permanent visas and involves an assessment of your eligibility for a permanent visa. 

You will be required to provide evidence that the relationship between you and your spouse is genuine and continuing. If you have lived in Australia for more than one year you will be required to provide an Australian police clearance. You and your spouse may be asked to attend an interview.

If you meet all the requirements you will be granted a permanent visa.  

Note

The spouse, and prospective spouse visa categories are significantly more complex than it may appear to be, also, the burden of evidence and required supporting documents for an application are specific and detailed.

 Contact us now for advice and assistance, or register now for advice on your prospects for these visas.

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