It is only but natural that spouses, partners or
prospective spouse, who are Australian citizens, want to
facilitate stay with their better half in the country. In
order to obtain visas under the spouse visa category it is
incumbent upon the parties involved to demonstrate their
status and establish that their relationship is genuine and
continuing. They must produce documents detailing the time
spent in the relationship and the duration, thereby showing
commitment. To support their contention they must be in a
position to show financial transactions between both
partners. It is also necessary to present photographs,
documents and other material which establishes their
relationship beyond any doubt. It is clear that the above
requirements are necessitated to avoid misuse of the
privilege accorded to the spouses of Australian citizens.
In case of married couples, the marriage should be legally
valid and recognised under Australian law. Both partners
should be of marriageable age. In this age of internet ,
relationships are developed online. These are not recognised
under Australian law. It is necessary that both partners
must have met physically prior to the marriage and lived
together afterwards. Polygamy, incestuous relationships and
marriages of convenience are not recognised by Australian
authorities and the spouse is therefore ineligible for visa.
De facto relationships are considered legal under Australian
law and partners are eligible for visa. The partners must be
living together for twelve months before applying for visa.
They must also be able to establish that the relationship is
exclusively that of husband and wife. Same sex de facto
partners now have the same rights and privileges as opposite
sex de facto relationships and similar laws regarding
immigration and citizenship apply to them.
As regards prospective spouse visa, several regulations have
to be complied with to be eligible. The primary requirement
is that the fiancé must marry inside Australia. This also
means that the couple should not be married when applying
for prospective spouse visa. In such a case application
should be made under spouse visa category. The prospective
couple should be able to demonstrate through documents and
vouched by friends and relatives that their intent is
genuine.
A temporary visa of nine month duration is issued under
prospective spouse category. The couple should be able to
conduct their marriage within this stipulated time to be
considered for extension of visa. If the marriage is not
conducted within nine months the sponsored fiancé is likely
to be deported.
Recent changes in the Migration act permit application for
spouse visa while staying in Australia, provided they meet
all other criteria. Earlier the partner who was being
sponsored had to apply from outside the country. There are
exceptions where spouse visa is rejected while inside the
country. To ascertain the circumstance under which partners
can apply for spouse visa from within Australia you must
obtain advice from a visa and immigration specialist.
