Spouse Visa - Offshore Temporary and Permanent

This visa allows you to enter or remain in Australia on the basis of your married or de-facto relationship with your partner:

on a temporary visa (usually for a waiting period of approximately two (2) years from the date you applied for the visa)
on a permanent visa if, after the waiting period (if applicable), your partner relationship still exists and you are still eligible for this visa.
Your partner must provide sponsorship for you.

Who is this visa for?

This visa is for you if you want to enter Australia on the basis of your relationship with your partner. Your partner must be one of the following:

• an Australian citizen
• an Australian permanent resident
• an eligible New Zealand citizen.

How much will this visa cost?

There is an application charge for this visa. This will usually not be refunded if your application is unsuccessful, or if you decide to withdraw your application after you have lodged it. The application charge covers you and all family members included in your application.

Applying for temporary and permanent visas

You apply for both a temporary visa and a permanent visa by completing and lodging one application.
If you meet all the criteria for the grant of the visa, you may be granted a temporary Spouse visa (subclass 309). This visa remains valid until a decision is made on your permanent visa, which is usually two (2) years after you initially applied for your visa.
If you still meet all requirements when your application is considered after the waiting period, you may be granted a permanent Spouse visa (subclass 100).
However, you may be granted a permanent visa without having to wait if you can demonstrate one of the following:

• at the time you apply for the visa, you have been in a spouse relationship with your partner for five (5) years or more
• at the time you apply, you have been in a spouse relationship with your partner for two (2) years or more, and there are dependent children of your relationship
• your spouse was granted a Protection visa or a permanent visa under the humanitarian program and you were in the relationship before the visa was granted and this had been declared to the department at the time.

Note: Generally, you should be living with your partner in a spouse relationship at the time you apply.

How and where to lodge your application

As the applicant, you must lodge the appropriate application forms, together with all necessary supporting documentation and application charges. Lodge your application with the nearest Australian mission

• by post
• by facsimile
• by courier
• in person

Visa validity period

If you are granted a temporary spouse visa, it is normally valid throughout the waiting period until a decision is made on your permanent spouse visa application. If you are granted a permanent spouse visa, it will allow you to remain in Australia permanently.