Spouse Visas: Exploring the Intricacies of the Maze

Fortuno Lawyers
Sep 14
2 min read

Updated: Oct 9

Sponsoring your spouse to live with you in Australia is a wonderful way to start your new life together. However, the process can be complex. It requires careful planning and a solid understanding of the Australian immigration system.

At Fortuno Lawyers, we specialise in helping couples navigate this journey smoothly. We ensure that all legal requirements are met. Here’s a straightforward guide to sponsoring your spouse to Australia.

Understanding the Visa Options

The most common visa for sponsoring a spouse is the Partner Visa (subclass 820/801). This visa allows your spouse to live, work, and study in Australia.

Temporary Partner Visa (Subclass 820): This grants temporary residency while your application is processed.
Permanent Partner Visa (Subclass 801): This is granted after you meet the relationship and residency requirements, usually two years later.

If your marriage is less than two years old or you are in a de facto relationship, there are tailored options for your situation.

Eligibility Requirements for Sponsorship

As the sponsor, you must meet specific criteria:

Be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
Be at least 18 years old.
Be legally able to sponsor (not bankrupt, have certain criminal history, etc.).
Commit to supporting your spouse financially and emotionally during the application period.

Evidence of a Genuine Relationship

Australian authorities require proof that your relationship is genuine and ongoing. Common evidence includes:

Marriage certificate and photos of your wedding.
Joint bank accounts or financial documents.
Communication records (emails, messages).
Statements from family and friends.
Shared lease or property documents.

Application Process

The application process involves several steps:

Step 1: Submit a sponsorship application.
Step 2: Lodge the Partner Visa application for your spouse.
Step 3: Attend any required health examinations and character checks.
Step 4: Provide additional evidence if requested.
Step 5: Wait for the Department of Home Affairs to process the application. This can take several months.

Why Use a Lawyer?

Navigating Australian immigration law can be tricky. Mistakes or missing documents can delay your application or lead to refusal. Fortuno Lawyers can help by:

Assessing your eligibility.
Preparing and reviewing applications.
Advising on the best visa options for your situation.
Communicating with immigration authorities on your behalf.

The Importance of Expert Guidance

When it comes to immigration, having expert guidance can make all the difference. I understand that the process can feel overwhelming. That’s why I recommend seeking professional help. An experienced lawyer can provide clarity and reassurance. They can help you avoid common pitfalls and ensure your application is as strong as possible.

Contact Fortuno Lawyers

If you’re ready to start sponsoring your spouse or have questions about the process, contact Fortuno Lawyers today. We offer expert, personalised advice to guide you every step of the way.

Request your consultation today