How this Visa Works
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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 legal criteria for the grant of the visa, you may be granted a temporary Spouse visa (subclass 820). 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 legal requirements when your application is considered after the waiting period, you may be granted a permanent Spouse visa (subclass 801).
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.
Responsibilities
Key responsibilities when obtaining and using a Spouse visa are summarised in the table below.
| Person | Responsibility |
|---|---|
Sponsor and applicant |
Be in a married or de-facto relationship prior to lodging an application. |
Sponsor
|
Be prepared to sponsor the applicant and any dependent family members also included in the application and who are migrating with the applicant. |
Applicant |
Complete and lodge your application including all forms, supporting documentation and application charges. Note: You apply for a temporary and a permanent spouse visa at the same time. If you are granted a temporary spouse visa, there is no need to lodge another separate application for your permanent spouse visa. If you can meet all the legal criteria, you may be granted a temporary Spouse visa. |
Sponsor and Applicant |
After the grant of a temporary spouse visa, the sponsor and applicant must maintain their spouse relationship and meet all legal requirements when a decision is made on the applicant's permanent spouse visa (usually a two year waiting period from the time the application was lodged). A permanent spouse visa may be granted at the end of the waiting period if the sponsor and applicant still meet all legal requirements. |
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.
Spouse visa definitions
The following terms are used for this visa.
See: Definitions