Australian Spouse Visa
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Australian Spouse Visa

Australian Spouse Visa Explained:

There are a variety of different Australian visas that facilitate the migration of ‘spouses’ of Australian permanent residents/citizens to Australia.

Under the category of ‘Spouse Visas’ the Australian Government has 3 types of such visas:

  1. Spouse Visa - When the sponsor (the Australian permanent resident or citizen) is married to an overseas national.


  2. Prospective Spouse Visa - When the sponsor (the Australian permanent resident or citizen) is engaged to an overseas national.


  3. Defacto Visa - When the sponsor (the Australian permanent resident or citizen) and overseas national have been in a defacto relationship for minimum 12 months.


Whilst these three types of spouse visas differ there is a common underlying requirement, which is that there is a ‘genuine and continuing relationship’ between the sponsor (the Australian permanent resident/citizen) and the visa applicant (spouse or de facto) to the ‘exclusion of all others’


In determining whether a ‘genuine and continuing relationship’ exists the Department of Immigration look at 4 factors of the relationship:

  1. Financial Aspect;
  2. Household Aspect;
  3. Social Aspect and
  4. Commitment.


If you are applying for one of the above mentioned visas it is important to illustrate that on the totality of evidence you have (covering the four aspects of the relationship) the case officer is satisfied you and your partner are in a genuine and continuing relationship.


This may be proven through a variety of ways including:

  • Joint bank accounts
  • Utility bills addressed to the same address
  • Photographs of each other (holiday snaps)
  • Letters from friends and third parties
  • Joint assets/investments.



Where can you lodge a spouse visa?


There are a variety of factors which determine where you can lodge a spouse visa, for instance:

 

  • If you are applying for a prospective spouse visa you must apply for it offshore;
  • You may apply for both the spouse visa and defacto visa inside and outside of Australia;
  • Whether you are allowed to lodge your spouse or defacto visa from inside Australia is determined by the visa you hold at the time of lodgment. If you have a visa with an 8503 ‘No Further Stay’ condition then you are unable to lodge your application from inside Australia and must lodge it from offshore.


NO BORDERS Migration Advocates can assist you through the entire process of your spouse and de facto visa. With staff that speak a combined 10 languages, many of there staff are migrants themselves who know first-hand the issues and stress that migrating to a new country can create.

For more information or to get your application started contact the NO BORDERS office today to see if your eligible to apply for a spouse or de facto visa, what documents you need to obtain and gather and how to go about your application.

 
 

Remaining Relative Visa

Remaining Relative Visa

This Australian visa is designed for the migration of family from outside Australia so to re-join their family currently residing in Australia.

The Government’s objective for this visa is to reflect immigration principals relating to the reunion of relatives in recognition of kinship ties and the bonds of mutual dependency and support within families.

The visa is intended for overseas brothers, sisters and children of Australian permanent residents or citizens. There is an important requirement however, that neither the applicant nor their spouse has any brothers, sisters, children or parents other than those in Australia. It is also a mandatory requirement of the visa that an Assurance of Support bond be lodged with the Department of Immigration

There are details in determining when the applicant is really the only remaining relative such as;

  • The allowance for family overseas which haven’t been in contact for many years;
  • Ensuring the best person is chosen to sponsor the applicant;
  • Establishing the familial relationships and
  • Establishing the residences of all the necessary family members.


Under correct circumstances, the remaining relative visa provides for the unification of families in Australia and promotes the importance of family in Australian society.

To ensure that you or your relative/s are eligible for this particular visa (or any other visa) contact NO BORDERS Migration Advocates. The friendly and experienced staff will provide you with great advice and direct you onto the best pathway for your specific situation!

With staff speaking a combined 10 languages and many of the staff being migrants themselves they know first-hand of the difficulties and complications that migrating to a new country can create.