Background

If you are married to, or living in a permanent relationship ("de facto") with an Australian citizen or permanent resident you may be able to qualify for a Spouse visa.

If you are overseas and not married yet but plan to marry an Australian citizen or permanent resident, you may be entitled to apply for a Provisional Spouse visa (subclass 309) or a Prospective Marriage visa (subclass 300).

Similarly, if you are in an interdependent (same sex) relationship with an Australian citizen or permanent resident and have a mutual commitment to a shared life to the exclusion of any other (spouse/interdependent) relationships, you may be eligible for an Interdependency visa.

Application Made Outside Australia

If you are overseas you may be able to apply to migrate to Australia on a Provisional Spouse visa. This visa will allow you to travel to Australia and remain in Australia for 2 years. You will have the right to work and may apply for public health (Medicare) cover. After 2 years you may be granted permanent residency, if you can show that the relationship is still continuing. Permanent residency may be granted earlier in the case of a long-term spouse relationship. A long-term spouse relationship refers to a relationship of not less than 5 years duration or, if there is a dependent child of the applicant and partner, 2 years.

The Provisional Spouse visa (subclass 309) is not the same as the Prospective Marriage visa (subclass 300). In order to be issued with a subclass 309 visa, the applicant must be legally married (or have been in a genuine de-facto relationship for at least 1 year at the time of the application) before travel to Australia. It is possible to lodge an application for a subclass 309 before the date of marriage but the visa can not be issued until after the marriage has taken place.

The Prospective Marriage visa (subclass 300) is issued to applicants who intend to marry an Australian citizen or permanent resident in Australia (within 9 months after arrival). This visa also gives the applicant work rights and access to Medicare. Only a limited number of visas can be issued each year in this visa class (i.e. the visa class is "capped") and lengthy delays are likely. In contrast, subclass 309 is not capped.

It is sometimes possible, in compelling or compassionate circumstances, for the one year cohabitation requirement for de facto spouses to be waived. For example, where there is a child from the relationship.

Application Made In Australia

Before being able to apply for a Spouse visa in Australia, the applicant must be legally married (or in a genuine de-facto relationship for at least 1 year). It is sometimes possible, in compelling or compassionate circumstances, for the one year cohabitation requirement for de facto spouses to be waived. For example, where there is a child from the relationship.

If you are in Australia and hold a valid visa, you may be able to apply for a Bridging Visa A (BVA), Extended Eligibility Temporary visa (subclass 820) and a General Residence Spouse visa (subclass 801) on the basis of your Spouse relationship without having to leave Australia.

The BVA will take effect when your current visa expires. It will allow you to remain in Australia while processing of your visa application takes place. The BVA will give you the same visa conditions as the visa it replaces. In other words, if you arrived on a visitor's visa with no work rights, then your BVA will also have no work rights. It may, however, be possible to apply for the right to work by requesting a change in the conditions of your BVA on the grounds of financial hardship. Once you have the right to work on your BVA, Medicare may be applied for. When your application is approved you will be issued with a subclass 820 visa. This visa gives you full work rights, entitlement to Medicare and multiple entry travel.

After 2 years you may be granted permanent residency if you can show that the relationship is still continuing. Permanent residency may be granted earlier in the case of a long-term spouse relationship . A long-term spouse relationship refers to a relationship of not less than 5 years or, if there is a dependent child of the applicant and partner, 2 years.

There are a number of other important criteria which will have to be satisfied before a Spouse visa can be approved.

What You Should Do Next

Send us a copy of your curriculum vitae (ie a resume), by fax or E-mail (E-mail is preferred) and include -

1.	Your age, name and contact numbers.
2.	Details of your qualifications and training.
3.	Brief description on how you meet your spouse and for how long you have been living together.
4.	Details of your work experience (especially over the past four years).
5.	Whether you or your spouse have any close relatives in Australia - see [ Family and sponsored ] applications.

Give us a few days to evaluate your case and I will fax or E-mail you asking you to telephone me so that we can discuss your application.