Definitive Guide To Australian Spouse Visa

Anyone who is married or involved in a de facto relationship with an Australian, Australian resident or eligible New Zealand Citizen may enter the country through the Australian spouse visa.
Once your application is approved, you will automatically receive the temporary and permanent visas. There is no need for you to file for a separate application.
Partner temporary visa (subclass 309)
The partner temporary visa is the first document that will be issued to you. You can use this to stay in the country while you wait for the approval of your permanent visa. Usually, the waiting period lasts for two (2) years. If you are still married or in a de facto relationship with your partner, then a permanent visa will be issued.
Temporary visa privileges

You can stay in Australia and wait for your permanent visa’s approval
Work
You can study. But you would not be covered by government funding if you will be pursuing tertiary education
You can avail health care and medical benefits

Partner permanent visa (subclass 100)
This visa enables you to stay permanently in the country.
Permanent visa privileges
Permanent visa holders obtain the following privileges:

Stay permanently in the country
Employment and educational opportunity
Healthcare and medical benefits
Social security benefits
Eligibility to apply for Australian citizenship

Disregarding the waiting period
There are other applicants that do not have to wait for two (2) years to get a permanent visa. This is granted provided that they comply with the following conditions or criteria:

If you have been married or in a de facto relationship with your partner for more than three (3) months
If you and your partner have a child
If your partner is under Australia’s humanitarian program prior to the visa’s approval

Eligibility requirements

Marriage legality – marriage outside Australia is recognized in the country
Sponsorship – your partner is your sponsor
Relationship – show proofs that you and your partner are engaged in a true marital relationship. But just in case there is marriage breakdowns, you can still avail of the permanent visa if:

You have custodial rights for children under 18 years old
Your partner died suddenly

Application- application should be filed outside the country
Health requirements – every applicant is required to go through medical examinations to ensure that they are free from chronic diseases such as Tuberculosis, Hepatitis and HIV
Character requirement – you should be free from any criminal record
Social security – if a dependent is included in the application, your sponsor should render an Assurance of Support (AOS)

Responsibilities and obligations
When applying for this visa, you and your partner need to fulfil the duties and obligations that it entails.
Applicant obligations
As an applicant, you are expected to abide to Australian laws and submit all the legal requirements. Similarly, you have to inform the department if you have an address and circumstance changes; relationship breakdown and if you are experiencing problems that would prohibit your initial entry in the country.
Sponsor obligations
Sponsors are required to sign an undertaking which means that they have to adhere to the following conditions:

Your sponsor should take full financial responsibility of all the expenses that you might incur during your stay
Your sponsor should attend to all your accommodation and financial needs during the first two years of your stay in the country
Your sponsor should orient and guide you about the Australian way of life. This also includes providing employment guidelines
Your sponsor should immediately inform the department if your relationship ends

Steps in applying for an Australian spouse visa

Prepare the application forms and pay all the fees.

Form 47SP – provided by the applicant
Form 40SP – provided by the sponsor
Form 47A – for dependents
$1705 fee

Gather all your personal documents.

Sponsor’s personal documents

Copy of birth certificate
Residency evidence
Passport that would prove Australian residency
New Zealand citizens should present evidence that would prove their length of stay in Australia
Income statement or overseas tax assessment notice
Employment letter showing the sponsor’s employment length and yearly salary
Pay slip
For self-employed sponsors, provide business documents or a letter from the accountant
If applicable, the sponsor should render statements that he or she has previously petitioned a partner and signed the AoS

Applicant’s personal documents

Copy of birth certificate. In case the birth certificate is unavailable, show your passport, family book containing your parents’ names, government-issued identification document or a court certification that showcases your identity
Four (4) passport photos. The same rule applies to all the individuals included in the application
Two (2) passport photos of your partner
If married, show copies of your marriage certificate
If divorced or annulled, show divorce and annulment records
Certificate of name change, if applicable
Custodial and arrangement certificate for children below 18. If it is your child with the Australian partner, the certificate can be disregarded
Certified copies of adoption papers, if applicable
Dependency proofs
If you were once a part of the military, show military records
Relationship proofs

Take the medical exam
Submit your application forms, personal documents and health exam results
Wait for the approval