Spouse Visa (Partner Visa)
If you are married to an Australian citizen, Australian permanent resident or eligible New Zealand citizen, plan to marry one, or you are in a in a relationship with one, you can apply for and obtain an Australian immigration partner visa.
The applicant must be sponsored by their Australian independent or de-facto partner aged over 18 years, and the sponsorship must be for a minimum period of 2 years.
General requirements for Australian partner visas are
- The sponsor of the applicant must be an Australian permanent resident, Australian citizen, or eligible New Zealand citizen.
- Both the applicant and the sponsor must be aged over 18 years.
- The applicant must be married to or in a relationship with the sponsoring partner for at least 12 months.
- A satisfactory proof that the relationship or the marriage is genuine, e.g. that you live together, that the relationship is strong and there is mutual commitment. This happens usually by attending an interview and providing documentation including photos, joint bank statements etc. There are 2 types of partner visa: Temporary partner visa and Permanent partner visa.
Temporary Partner Visa
If you have applied for a partner visa while outside Australia, you must be outside Australia when you receive the temporary partner visa.
If you have applied for a visa while in Australia, you must be in Australia at the time you receive the temporary partner visa.
If you have been granted a Temporary Partner Visa., you:
- Are allowed to travel in and out of Australia until a decision about your permanent partner visa is made.
- Can work and live in Australia with your partner.
Permanent Partner Visa
If you have applied for a permanent partner visa while outside Australia, you are allowed to be in Australia or outside Australia when you receive your permanent visa
If you have applied for permanent partner visa while in Australia, you must be in Australia when you receive your permanent visa.
In most cases, permanent residence cannot be granted prior to two years from the time you have applied. However, you can get a permanent visa without having to wait for two years if at the time you apply you meet certain criteria.
The waiting period (of 2 years) for permanent residence can be revoked if at the time you have applied:
- You have been together (in a relationship) with your partner for 5 years or more (as a de facto partner or married ); or
- ou and your partner have been in married or in a de facto relationship for 2 years and have children.
Partner Temporary Visa and Permanent Visa (Subclass 309 and 100)
If you are offshore (outside Australia) and want to be with your partner in Australia, you can apply for the Subclass 309/100 Partner Visa.
This visa allows you to enter and remain in Australia living with your partner:
- On temporary basis (usually for a waiting period of two years from the date you applied for the visa).
- On permanent basis if, after the 2 years waiting period you are still in relationship/marriage with your partner and eligible for this visa. The visa fees depend on the type of visa you apply for.
All the general visa requirements, such as health & character clearance, Australian values statement, minimum age of 18 years etc. must be met in order to lodge a visa application..
Processing Times and Visa Requirements
Most skills paper based assessments would take approximately 3 months. If practical assessments are also required, this would be subject to available practical dates as designated by the skills assessing authorities. Once available practical dates have been issued for trades, the practical assessment is usually conducted over 1 day.
State applications can take between 1 to 3 months, depending on the state. Even though this State Sponsorship 190 visa has 3 stages and the Skilled Independent Visa 189 has only 2 stages, this State Sponsorship 190 visa may be processed sooner as you receive an invitation from DIBP as soon as your state application is approved.
Once applying for the final stage to the Department of Immigration and Boarder Protection, processing times may vary, depending on your points count. It is safe to say that the process from Skills Assessment to Visa application can take between 6 months to 1 year depending on your individual case.
The Main Requirements are:
- 1 x Valid Passport
- 1 x Academic qualifications
- 1 x Evidence of work experience for each period of employment
- 1 x Birth Certificate
- 1 x Evidence of English Language ability
- 1 x Evidence of English Language ability
- 1 x A clean bill of health (Certain cases can be discussed on a case by case basis, should there be an issue).
The State sponsored visa (subclass 190) is a permanent residence visa for points-tested skilled workers who want to work and live in Australia. You can be in or outside Australia when you apply and when the visa is granted. You will have to live, study and work for at least two years in sponsored state and then this visa will be independent after initial two years. It is points based system and getting 60 points individually will qualify to apply for subclass 190 category. Following points criteria will be applicable at the time of applying for this visa.
- Stay in Australia indefinitely
- Work and study in Australia
- Enroll in Medicare, Australia's scheme for health-related care and expenses
- Apply for Australian citizenship (if you are eligible)
- Sponsor eligible relatives for permanent residence
- Travel to and from Australia for five years from the date the visa is granted (after that time, you will need a resident return visa or another visa to return to Australia).
- You can also access certain social security payments (subject to waiting periods).
Obligations for State Sponsored Visa
You and your family must comply with all visa conditions and Australian laws. There could have been some residential conditions that were specified by the relevant state or territory government in your nomination (Like contributing your skills to particular state who will be sponsoring you to migrate to Australia).
You are eligible for this visa provided:
- Are under the age of 50 years.
- Are under the age of 50 years.
- Have your skills and qualifications that meet the Australian standard, for an occupation on the Consolidated Skilled Occupation List (CSOL).
You and your family would be permitted to live and work anywhere in your State upon activation of your visa.
Once your occupation has been confirmed as a skill shortage on the CSOL list, Zephyr Visa will then calculate your points. Australia requires applicants to score a minimum of 60 points. Your points are generally made up of, but not limited to the following criteria: Age, English Language ability, work experience and qualifications. You would now be eligible to apply for a Skills Assessment based on the assessing authorities’ criteria.
Skills Assessment
The SOL list will advise you on the assessing authority that will assess your application. Please note that for certain trade occupations for certain listed countries, TRA (Trades Recognition of Australia) will ask the assessing authority known as VETASSESS, to conduct the skills assessment on their behalf and also do a technical interview where required or a practical assessment in a workshop environment where required.
Do I need formal Qualifications?
Yes! Australia would require formal qualifications for this visa subclass. Most general/non trade occupations would require a minimum of 1 year of post qualification work experience and a general minimum of 3 years post qualification work experience for trade occupations.
Applying to a State
Once your Skills Assessment has been approved, your occupation would then need to be matched to a state/s on the individual state lists. Once your occupation appears on this list, you would then be able to apply to a state. Please note that certain states may have additional requirements, e.g.: 7.0 in IELTS or 3 years work experience in that occupation.
Details of applying for state
There are 6 states and 2 territories in Australia. Where applicant have to apply for any one of the state at a time.