Australian Spouse Visas – 12 Costly Misconceptions to Avoid

Australian Spouse Visas - 12 Costly Misconceptions to Avoid - Optimized blue ocean1 - Getting Down Under Application, australian spouse visa, case officer, Don, Evidence, MY FRIEND, MY LAST, MY SPOUSE, other useful tips, professional adviser, Spouse, spouse visas, Visa, visa-application, visa-applications

Australian Spouse Visas - 12 Costly Misconceptions to Avoid - Australian Spouse Visas - Getting Down Under Application, australian spouse visa, case officer, Don, Evidence, MY FRIEND, MY LAST, MY SPOUSE, other useful tips, professional adviser, Spouse, spouse visas, Visa, visa-application, visa-applicationsThis article describes the evidence required for making a successful Australian spouse visa application as well as several other useful tips and hints on how to select the best professional adviser.

1. SPOUSE VISAS ARE IMPOSSIBLE TO OBTAIN UNLESS YOU HAVE A JOINT BANK ACCOUNT OR LEASE

Not true as many couples do not have these important documents but still succeed. We can show you how to compensate with other even better evidentiary documents from yourselves, friends and family.

Evidence covers many categories above and beyond just your finances and includes the history of your relationship, the opinions of others about your relationship, proof of your travels together, your own personal statements about the depth and commitment of your relationship and many other relevant fields.

2. SPOUSE VISA APPLICATIONS ARE EASY -“MY FRIEND DID IT HIM/HERSELF”

That may be true for your friend but, if your friend was jumping off a high cliff and over rocks into the ocean, would you jump too? None of us do everything our friends do – we need to make our own choices, especially in matters as important as love and migration where the risks are so high.

3. I AM AUSTRALIAN AND I HAVE A RIGHT TO HAVE MY SPOUSE LIVE IN AUSTRALIA SO THEY WILL JUST GIVE THEM THE VISA

No! Spouse visas are only granted when you can also prove the relationship is genuine; being an Australian guarantees nothing on a spouse visa application. If it were otherwise anyone could just move in with or marry an Australian and obtain a visa.

4. SPOUSE VISAS ARE QUICKER IF YOU APPLY ON YOUR OWN

Also not true; doing it on your own can take 4 -6 months or more, sometimes even over a year until approval. One client was waiting six months to just to get a government case officer before we intervened. We have had some of our client’s spouse applications approved in 1 day and aim for a quick approval of 2 -4 weeks in all cases. We get faster approvals because we prepare the whole case better.

5. I CAN GET A SPOUSE VISA EVEN IF MY LAST VISA APPLICATION WAS REFUSED

Previous visa refusals almost always make subsequent applications harder as more evidence is required and you must prove good character for migration purposes and therefore sometimes apply overseas. Hence, it is better to make your first application succeed.

6. YOU DON’T NEED MUCH EVIDENCE TO GET A SPOUSE VISA

This is probably the biggest misconception of them all! No spouse case will ever be approved without substantial, credible and properly documented and organised evidence, preferably scrutinised by a lawyer (like the writer of this article) skilled in the art of vetting evidence for errors and or dangerous information which might otherwise prejudice your application

7. WE ARE MARRIED BUT WE NEED TO LIVE TOGETHER FOR A YEAR AS WELL BEFORE WE CAN APPLY FOR AN AUSTRALIAN SPOUSE VISA

Not correct. Australian law states that you must either be legally married OR live in genuine de-facto relationship (monogamous/to the exclusion of all others) for 12 months before applying for a spouse visa. You do not have to do both. Furthermore, even if you are not married, you can start preparation for your spouse visa application before your 12 months of de-facto time is finished and then lodge the application as soon as it is.

8. SPOUSE VISAS ARE ALWAYS APPROVED IF YOUR RELATIONSHIP IS GENUINE AND NOT FAKE

This is a popular misconception, as everyone would like to believe that the Immigration officers are all honest, competent and skilful at discerning which relationships are real and which are not. However, like you, they are human beings and can be prejudiced against certain types of relationships, racist and even just overworked and incapable of giving proper attention to your application. You need the protection of a lawyer to deal with your case as they know how to deal with these issues upfront before and or as the problem occurs.

9. MY SPOUSE AND I HAVE ENOUGH COMMON SENSE, WHY DO WE NEED A LAWYER?

Good question – you might also ask why you need a doctor when you are sick or a mechanic to fix your broken down car. There are many things that most of us can do on our own but some that are best left to the experts. Essentially, in this type of case, you need not just any lawyer but an experienced migration lawyer who has also had lots of spouse cases approved – since 2000 we have had nearly 100 consecutive spouse cases approved without one visa refusal.

10. THE IMMIGRATION DEPARTMENT WILL UNDERSTAND THAT WHEN WE STARTED OUR RELATIONSHIP WE DID NOT KEEP ANY DOCUMENTS AS WE WEREN’T THINKING ABOUT THAT AT THE TIME

Yes to a certain degree that is true – who does start a romantic liaison by organising documents anyway? Answer; probably the fake relationships contrived for visas alone. However, that does not take away from the fact that you need to document the entire relationship in one way or another no matter how things got started. Once again, our skill and experience is to help you in that area.

11. WE DON’T WANT TO GET MARRIED JUST FOR A VISA AND, EVEN IF WE DID, THE IMMIGRATION DEPARTMENT WILL THINK IT WAS FAKE, SO WHY SHOULD WE?

We agree, neither should you marry just for a visa. Almost everyone wants to get married at the right time and for the right reasons. We would never encourage anyone to do otherwise. However, the act of migration sometimes forces people to bring forward important life decisions they could otherwise have put off and this is certainly the case here. We will advise you on this important matter personally at one of our interviews and in light of all your circumstances. In all cases, we always advise you to tell the truth.

12. I CAN JUST USE ANY MIGRATION AGENT TO DO MY SPOUSE CASE WHETHER OR NOT THEY ARE EXPERIENCED

Definitely not! Until late 2007, all migration agents who were not lawyers (and that is most of them), could get their license by doing a short course over 2 weekends. They literally could have been driving a taxi or cleaning houses one week and a few weeks later be dispensing migration advice to all and sundry after doing this ridiculously short course. Fortunately, that law has now changed and at least non-migration agents must have a university degree now to be admitted to a migration agent course. However, like anything else, just doing a course does not qualify you for being excellent in the harsh realities of the market-place.

Here are some of the tough but necessary questions you should ask any migration agent or lawyer before you hand them the enormous responsibility of ensuring your Australian spouse visa case will succeed:

I. Are you a practising lawyer as well as a registered migration agent or just a migration agent? If you are not a lawyer, why not? How will you deal with legal issues on our case?
II. How long have you been practicing in the area of migration law?
III. How many spouse cases have you had approved? If less than 50, then why?
IV. Have you ever had a spouse case refused and, if so, why?
V. Can you give me any authentic written testimonials (with contact details so I can verify they are true) of any of your spouse case clients that you have had approved? If not, why not?
VI. What percentage of your spouse cases is approved? If less than 100%, then why?
VII. Have you ever done a spouse case the same as ours? What happened?
VIII. Will you take a percentage of your fee only when my case is approved? If not, why not?

Author: Justin Rickard



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    Christine
    Guest
    Christine

    Dear Mark,

    A quick question that I hope you can answer. My new Australian Husband and I live overseas. We want to remain overseas for some time before eventually moving to Australia. If we apply for a spousal visa for me, do I need to move to Australia once it is granted? Or can I simply enter Australia by the required date (for a holiday) and keep living overseas with my Husband and have a permanent visa?

    Many thanks if you are able to reply.

    Regards,
    Christine

    Emma
    Guest
    Emma

    Hi Mark, I am engaged to be married early 2019 to my middle school sweetheart (we have known each other since 12 years old and are now 24). He lives in the USA, and works retail. I live in Australia and am finishing my last year of uni. Obviously we will not be applying for the visa until we are married and can afford to. Something I am worried about is that we only get to see each other once-twice a year. I have spent every day talking to him, and my family is close with his family. I’m worried… Read more »

    sandy
    Guest
    sandy

    Hi Mark,

    My husband (indian) is on MRT visa, can he apply partner visa for me. I am staying in India and not visited him since marriage.

    Shayan Ali
    Guest
    Shayan Ali

    Hey Mark! Your blog is very useful. I just wanna discuss my case with you. My student visa got cancelled in April 2017, and later on i applied for review so basically i m on MRT and holding bridging visa E. But the same month i got married to Australian citizen, now she is pregnant and we are expecting our baby in January. I just wanna ask you what would be the best time to apply for partner visa and there would be any chance for me to get schedule 3 waiver? We are living together till we get married… Read more »

    KK
    Guest
    KK

    Hi Mark,

    My husband is applying for subclass 189 skilled independent visa and added me as partner in the application. I have 2 queries.
    1. Will I also be getting a PR or will it be dependent visa?
    2. Am I eligible to work in Australia? Do I also need to get my ACS assesment done?

    Thanks,
    KK

    Elsa Boyd
    Guest
    Elsa Boyd

    My husband is much younger than I .. will this affect or chances of being approved for immigration .. we have been married for 13 years.
    He is a qualified electrician – N5.
    Regards
    Elsa Boyd

    Amar
    Guest
    Amar

    Hi,

    I and my spouse have been living separately for more than a year. Can I still go ahead and file for Australian PR without her consent or letting her know?

    Stacey
    Guest
    Stacey

    I want to bring my boyfriend to Australia and would love some Information please price, length of time etc :)

    akkina
    Guest

    Hi Mark this article is very useful though i have some more questions,
    I am a filipina married for 3 yrs in australian husband, we have a 2 yrs old daughter and we are having problem in spouse visa fees. Can i be able to apply for tourist visa instead?

    Erkan
    Guest
    Erkan

    Hi Mark, Great article, shed light to my questions. But briefly, I’m Australian and my wife is Turkish. Been married since 2009 and have 2 kids (3 year and 6 year old). We’ve been living in Dubai for the past 7 years and have a joint bank account and a house. Now its time to go back to Australia and I need to apply for a spouse visa. I see that it could take up to 13 months for the approval of the 309 visa. I don’t want the kids to lose on school or have my wife be away… Read more »

    Anne
    Guest
    Anne

    I am an Australian Citizen and I met a single man without kids from Russia 2 years ago. We meet every 3 months somewhere in the world and are daily in contact with social networking sites and emails since we met. We have the next year planned out to travel together every 3 months. We keep a diary from all our travels. We both met our families and friends. We have pics to prove this. We have joint invitations to attend weddings of my friends. He is coming back to Australia in August 2018 to sign a civil registration together… Read more »

    Krizaya
    Guest
    Krizaya

    hello,
    I am trying to apply student visa in Australia with my husband but the agents are saying that it will be difficult to get visa because of my husband academic qualification as he has only the certificate of class 10 and after this he is working person..Is this really matters?And if ,after i reached Australia can he proceed as soon as possible or he have to wait a long?

    Mon
    Guest
    Mon

    Hi Mark. I married a Sri Lankan in February this year. We applied for a visitor visa before he came to Australia to work on PnO cruise ship. His visa was rejected because we were married and he had reason to stay. How can we live together to show true commitment if they don’t give us even a visitors visa I have to go to SL all the time…..but it is hard because I am a foster mum of 2 boys and I hate leaving them behind. Do you think we would get a partner visa….if we have been rejected… Read more »

    Sam
    Guest
    Sam

    Hi Mark, Thanks for the information. I’d like to ask your recommendation in my case. I’m an Australian citizen who grew up overseas and I have only recently enrolled to vote and registered my residential address (December 2016), but since then I have been overseas again until now living with my partner. I’m 22 years old and I’m a university student. I am planning to return to Australia alone next month and work until early next year before attempting to get a visa for my partner. My partner is 25 years old from Malaysia. She has a fixed income, no… Read more »

    Mariyam Ainan
    Guest
    Mariyam Ainan

    hey. My husband has been living in Australia for about 5 years now. he went there on Student visa subclass 573. We were cousins before then we were in a relationship for about 6 years. We married 6 moths ago. He applied for my spouse via class 500 in may which got refused due to some lack of important documents. We have again lodged the visa on 9th of August with all the required plus supporting documents. i would like to add here that my husband and I are Pakistani . Also, that his visa is expiring in the coming… Read more »

    SarahLouise
    Member
    SarahLouise

    Hello Mark! I had a question I was hoping you could answer for me. My fiance and I are together in the United States. In October we will have been together a year. Since February we have been together in the same country as he has visited twice on the VWP, with a 2 1/2 week break in between visits. We are planning to get married on the whim here in a couple weeks, but we do not have intention of trying to get him to stay in the country. From what I understand this is legal as we are… Read more »

    Ishu
    Guest
    Ishu

    Hi Mark, this is really a serious question. My sister and my brother in-law are having Australian TR, but both of them have come back because of their mother in law. My sister wanted to stay there but was forced to come back by her husband. So can she go back to Australia on her own?

    sonia
    Guest
    sonia

    good morning !! my name is sonia, my boyfriend and i are planing to get married in a few months, i am with student visa and he is a Australian citizen, we thought it would be a issue after we married to apply for a spouse visa for me but reading a little bit more we have some doubts that he might not be qualified as a eligeble sponsor, he has been in jail for 1 1/2 year and his original sentence was for 3 years, but due to good conduct he ended up staying for less period, before that… Read more »

    Lenai
    Guest
    Lenai

    Hi Mark,

    My partner (Australian) and I would like to move to Australia on the De Facto Visa (we’re currently in London), however we have only been living together for 4 months. We have been in an exclusive relationship for 16 months however and have proof of messages, photos and trips booked together (including to Australia to meet his family) from the start of the relationship. Is this enough evidence to apply or would we have to wait until we’ve been living together for the full 12 months?

    Looking forward to your thoughts.

    -Lenai

    Donna Shields
    Guest
    Donna Shields

    Hi there , Myself ( Scottish ) and my husband Australian have been in a relationship from 2014 . We were engaged that year . 2015 I travelled to Australia with my husband ( He had been living in Scotland with me before this and married in Australia . We have two biological children , Also a child biologically mines whom I have full parental rights . My husbands parents own 180acre land with a home big enough for us all to live to begin with . Do you think we have a strong case for a spouse visa to… Read more »

    Raj
    Guest
    Raj

    Hi Mark, I got married recently on 19th June 2017 in India. Ours is a proper arranged marriage. And at the moment I have the marriage certificate(legal) and the family photos which we have taken during the small function conducted with our close family. I want to submit my application for PR for myself and my wife. I am currently working in Australia on 457 Visa. Now I have the points to go for PR as I have got my PTE score just before I went to India for marriage. My concern is also related to the evidences the CO… Read more »

    Jen
    Guest
    Jen

    Hi I have been an Austrlian Permanent Resident for the last seven years and have been residing in Australia. I married a person from my birth country in April 2017 and have lodged the spouse visa in June 2017. I will be reaching my mid 40’s next month. I want to try to have a child and need him to travel to Australia as I am unable to get leave off work to see him (only around 10 days leave is given around christmas). He is in a contract role overseas which will end next month. Is there a chance… Read more »

    Mark draper
    Guest
    Mark draper

    Does your spouse having hepb low count and not on medication stop getting a spouse visa iam australian citizen cheers

    Annalise kleine
    Guest
    Annalise kleine

    Hi Thank you for your time firstly I met a wonderful man online nearly 2 years ago, he lives in Pakistan and I’m an Australian citizen We meet up in Thailand but he hasn’t come to Australia nor have I been to Pakistan but we are so much in love and are planning to marry in January in 2018 in Islamabad (he has elderly parents, so we want to marry there first then marry again in Australia We hate being separated I told him I’m happy to move to Pakistan until and if his visa gets granted here If it… Read more »

    Saptarshi
    Guest
    Saptarshi

    Dear Mark, I have a very unique situation and hence need your advice. I got married on the 13th of December 2016 and intend to sponsor my spouse for residency to Australia. I am currently working as an academic in a university in Australia. Unfortunately, my contract expires soon. At present I have a job offer from Malaysia and also had an on-campus interview in the UAE. Now my question is that as an Australian citizen can I sponsor my spouse if I live overseas for employment purposes? Any response would be highly appreciated. I also want to bring to… Read more »

    Pepps
    Guest
    Pepps

    Hi good morning.
    I have an australian boyfriend and previously sponsored de facto visa with the other girl in 2014.
    What if we get married in other country, does he still require to wait for 5 years before applying for a spouse visa?

    Kelly
    Guest
    Kelly

    Hi Mark, Your article is very useful. I’ve been in a long distance relationship with my Australian partner for a year now (I’m in the UK and he is in Australia). We have photos together as he visited me once in the UK and I visited him once in Australia. We also have a log of constant communication, people to support our relationship and a joint bank account in Australia. We’ve known each other since we were kids and we were together for a couple of years in the past so we have lots of photos and communication from previous… Read more »

    Kate Langham
    Guest
    Kate Langham

    My partner and I have been together a little over a year and have a 3 month old son together. Because of unforseen circumstances we have only been able to live together for just shy of 6 months. My question is if we apply for a defacto spousal visa will it be ok that we haven’t lived together under one roof for 12 months? If it won’t be ok should we get married sooner rather than later as we were planning on marrying anyway?

    olu
    Guest
    olu

    I met my girlfriend who happens to be a retired australian citizen on facebook, we’ve being in a committed relationship for 9 months and I think it’s time for us to finally be together , am 26years and she’s 60. please I will like to know my chance of securing visa and a good migration lawyer that stays in redcliffe, brisbane.

    Jake
    Guest
    Jake

    hello i want to marry my girl friend who is an international student who has been here in australia for 3 years. When i signed the marriage certificate i had a different occupation but now i changed it. will the government know about this?

    ajay
    Guest
    ajay

    hello thank you in advance for guiding people.. i was in australia from 2009-2014 and during that time met an aussie citizenship…we kept in touch through skype all these years..she wants to marry me if i was closer. and assuming she would sponsor me too..i have been living in denmark since 2016 till now..i am a well educated and have worked in australia for around 1.5 yrs..we both are same age 30..how do we go abou this..and what are my chances..only thing is she does not have a degree or stable source of income but that be improved..i am indian… Read more »

    joseph
    Guest
    joseph

    Hi there, I wa2s just wondering if it will make it harder for my fiance to get a spousal visa because of her lack of formal university education and skill set. We met over a year ago on a online dating site, she living in jakarta at the time and i australia. Ive kept record of all our skype and whattsapp conversation since the day we started chatting to the current day. We have since spent 3 holidays together 2 x in bali and once in manado north sulawesi which is her home town keeping photo records of course. I… Read more »

    lynette harrison
    Guest
    lynette harrison

    hello my name is Lynette and my partner is from India and i am wanting to get a spouse visa for us to be able to stay together in Australia, can you please help me with what i need to do to start this application. his student visa expires soon.

    Danielle
    Guest
    Danielle

    Dont do it he is using you. I have been in this same situation. Now im paying for it. He married me to stay here faked his love. Had a kid so it was more permanant. Now he has left after his residency came through.

    James
    Guest
    James

    Hi there,

    I am on 457 work visa which is expiring this year I got married in 2011 and my wife is here since 2013 in sydney, now I want to apply for a student visa what would happen if I do not include her in my application as I want to lodge my application independently. What kind of action she can take against me.

    jotika
    Guest
    jotika

    Hello I am a Fiji citizen husband is australain citizen I have got married in 2013 lodged partner visa june 2015 offshore due to 8503 I didn’t go Fiji but came india to lodge now case officer wants india police clearance I am on tourist visa in india and indian law doesn’t allow tourist to be registered and be given a police clearance what to do will my visa be rejected if I cant meet character requirement. pleasehelp

    Ke
    Guest
    Ke

    Hi my name is Ken and I’m an Australian citizen and my wife is a British citizen, we recently married overseas. Can I sponsor my wife who has a previous criminal conviction relating to fraud? She was convicted and sentenced to 14 months serving 3 months. She initially applied for An Eta in June 2015 to visit me and incorrectly ticket no on the question relating to previous criminal record. However realising her mistake she contacted Aus high commission in July and advised of her previous record. This went on for few months and her travel visa was refused on… Read more »

    Amanda McKee
    Guest
    Amanda McKee

    Hi, I’m an Australian citizen, and have been living in the US wth my american husband for the last 5 years. We would like to move back to Australia now that we have 2 small children. I have no idea how to go about this. Is it easier if we find him a job that will sponsor him beforehand and then go from there? I would love to have your details to contact you and your lawyers for advice.

    James Bergman
    Guest

    I would personally never dare try to get a spousal visa on my own. Government is notorious for being a bureaucratic mess. In other words, there are a lot of hoops to jump through, and it is easy to get tripped up if you don’t know what kind of paperwork to file. It is always best to get expert help when dealing with things like visas.

    chellie
    Member
    chellie

    Hi, I have been in love with a man in Canada for nearly twenty years. We converse online though as I have not been able to afford to go there. He is on a disability pension and we would like to get married. Is there a possibility of him coming to live with me as my husband?
    What would we have to do?

    michelle
    Guest
    michelle

    I am an Australian citizen who married a punjabi sikh brisbane cab driver because I loved him. He used me to apply for a partner visa, raped and assaulted me, was turned down after 1 year by Aust immigration for pr, got my signature on a blank form and appealed to mrt. This was heard and closed 1 year after the original decision and thrown out. Then he applied for a protection visa pretending to be a refugee. We are a country of kind hearted people and punjabi sikhs laugh at our kindness and destroy our lives. Never marry a… Read more »

    Danielle
    Guest
    Danielle

    Totally agree i married an indian. He used me for residency. Unfortunately this country Australia lets this happen and every site i look at is for helping the immigrants thefe is nothing to help the australian citizens who have been used and abused. I feel for you. Its happening everywhere its disgusting

    Moss so
    Guest
    Moss so

    I married with a paper marriage not material relations . But lease and bank accout together. My partner is australian.Can I apply for spouse visa.

    kull
    Guest
    kull

    I have married and I apply for partner visa but after one year have break up so what should I need to get a visa

    Jocelyn Cruz
    Guest
    Jocelyn Cruz

    Hi Peng,
    I am in a de facto relationship for over 12 months and we have plans of getting married this year. If my partner’s 457 visa was lodged with that status and we got married the time it fell after the 457 visa was granted. Will I be nominated as partner/wife and apply for spouse visa? What do we have to do?

    lydia
    Guest
    lydia

    I did a partner visa (offshore australian) myself and it was granted in one month!

    Wendy
    Guest
    Wendy

    Hi Lydia,how did you do this?can you pls help me out. I am visiting the US and thinking of applying for my partner visa offshore.can that be done?

    heny
    Guest
    heny

    Lydia
    May i know the lawyer who have been help you with the partner visa application!

    Thank you

    Amiza
    Guest
    Amiza

    Hi Lydia, can you please send me your email address to ask.some.questions please?

    Thank you

    MONTY
    Guest
    MONTY

    hi lydia,how long it took.can u please send your email id.so i can ask u couple of questions THANKS

    Sue Jamieson
    Guest
    Sue Jamieson

    Please advise me of your services and all costs required.
    Im australian & have been in a spousal relationship with a BC Canadian for almost 12mths we are engaged & cant wait to be married & settle together in Australia , does it matter what country we get married in Australia or Canada. I’m currently in Canada for 3mth & we hope to be able to return to Australia together in October & need to get advise & legal advice on how to make this happen as uncomplicated as possible….please email me ..thanking you kindly for all the above info ..Sue

    stephanie wade
    Guest
    stephanie wade

    Good evening.
    I contacted you earlier re: looking for an immigration lawyer.Please reply to this email address, as I misspelt the other one.
    Thank you

    stephanie wade
    Guest
    stephanie wade

    Good evening,
    I am looking for a qualified migration lawyer. Where are you based? Please email me back.
    Thank you.

    Pratik
    Guest
    Pratik

    It’s Very nice Article and almost describing all things for which applicants wanted to know!
    but my case is different than the scenarios mention here.
    i got my PR last year but i have not made migration yet. and mean time i got married.now i am living with my wife in saudi Arabia and planning to make migration in July.
    Can you pelase be kind to provide me info that am i eligible to apply for Spouse visa though i am not living in austrilia ?