Relocating to Australia with Your Spouse
Whether you have married in Australia or in your home country, you will need a Spouse Visa if you want to join your other half in their native Australia. Many newlyweds misunderstand the requirements and have to experience the stress of being told that they can’t live with their husband or wife just because they didn’t submit their case correctly. While you will need to send the immigration authorities a copy of your marriage licence, this can’t constitute your entire case.
The Best Way to Move to Australia with Your Spouse
Spouse visas are generally the most well-known visa type. However, many people do not realise that the requirements go beyond simply being married and sending your certificate with the application.
Australian spouse visas are initially granted for two years, after which time the applicant is required to show the relationship is still a genuine one. Only legal marriages are accepted, and as long as your marriage was recognised by the government where it was performed it should be accepted by Australian Law. However, if your marriage is underage (by Australian Law), polygamous, or same-sex, it is not recognised in Australia.
If you are in a same-sex relationship and it is recognised as a marriage in your home country, you can still use a similar sponsorship framework, but you will need to apply for the Unmarried Partner Visa.
According to Australian immigration law, your relationship must ‘show a mutual commitment to a shared life as husband and wife to the exclusion of all others’. You must also be living together, or only separated temporarily. In addition to submitting the documentation to support your care, you may need to attend an interview where both partners are interviewed separately to establish whether your marriage is genuine.
Visa processing times vary, and the Australian Immigration Authorities understand that sometimes circumstances change. You may still be able to continue with this application if your relationship breaks down but you have custodial rights under the Family Act Law for any children you may have together. You may also still be able to continue your application if your partner dies but you can show that the relationship would have continued.
If the situation with your spouse changes during or after your application, you must contact your consultant immediately so that we can inform the departmental office and advocate on your behalf.
Spouse visas for Australia are one of the most popular and we could expect to have your case processed within twelve months. Our job is to best present your case for success but as we are not responsible for processing them ourselves, we are unable to make the process any quicker. It is the job of the Australian immigration authorities to both process and either accept or reject cases.
Is This Route Right for You?
The Spouse Visa has the same health and character requirements as most Australian visas.
As the main applicant, you must also:
- Be sponsored by an Australian citizen, permanent resident, or eligible New Zealand citizen (your spouse)
- Be legally married to your sponsor and in a 'genuine, continuous relationship' with them which you intend to continue after arrival in Australia
- Have sufficient proof of your relationship to pass the Australian immigration checks
- Be prepared to explain and present your relationship in individual interviews conducted by Australian immigration
If you have children already in Australia, the Contributory Parent Visa may be more appropriate. Our bespoke consultations are designed to find out which visa is right for you, and how to present your case. After the initial discussion, we will touch base with you throughout the application process so that we can build a solid case and find the best way to reunite you with your spouse.
“IXP Were So Supportive, and Even Helped Me Find a Job”
Todd and Emily met, married, and lived in the US for five years. After Emily's sister had children, she wanted to move to Australia and it seemed like the perfect time to start a new adventure.
"After visiting Australia so many times it wasn't a difficult decision to come here. I don't really have much family, but Emily is very close to hers and we always intended to move here sooner or later, but after Em's nephew was born she really started looking into it.
I heard about IXP Visas through a friend who came to study in Australia a few years ago, and they were really impressed with the service so I thought it was worth getting in touch. I was a bit worried since I had a criminal record from my stupid teenage years - nothing serious, but I really regretted it and was worried it might ruin our chances of moving.
Luckily, IXP helped us fill out the case and explained that the offence was really minor and it didn't harm our application in the end. They were so supportive the whole way through, and even helped me find a job at an engineering firm near Em's sister, so now we live nearby and see the family most weekends."