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Emigrating to Australia as a Spouse during Covid-19

If you are an Australian who has been in Europe or the UK for a long time it may be the case that you are looking to move back to Australia with your non-Australian spouse. This is still very possible in the current climate of Covid -19.

The rules for Spouses looking to Emigrate to Australia are still the same. If you are a De-facto couple (that is not married), you need to show that you have been living together for 12 months at least. Those who are married still need to show that they have been in a committed relationship, which time living together will constitute a big part of unless religious or other reasons can be shown.

At the moment with the borders closed in Australia the only way to travel to Australia is if you have applied for and successfully gained a Travel Exemption. The Travel exemptions are being given to the Spouses of Australian Permanent Residents or Australian Citizens entering the country.

To gain these Exemptions you are being asked to show that you are a Spouse or immediate family member of an Australian Citizen or Permanent Resident. This means that you would need to show the evidence that you would need for a Spouse application in miniature.

There are some key documents that you need to submit as proof when applying for the Australian spouse Visa these are:

  • Evidence of Living together like bills and other correspondence to your spouse and your shared address.
  • Social Evidence such as cards and other social exchanges showing a couple interacting with family and Friends
  • Financial Commitments such as a joint bank account or purchase.

These main criteria and others make up the assessment criteria for the Australian Spouse and Partner visa.

At Emigrate to Australia, which is part of Taylor Hampton Solicitors, we are processing Spouse cases all the time and have a very keen idea of the requirements for applications. We can assist people who are looking to apply as spouses both inside and outside Australia.

The main types of Spouse application are the Australian Spouse, De-facto Spouse and Fiancé Visas.

The Australian De-facto Partner Visa is for couples who are not married and one of the main Requirements for this Visa is to have lived together for at least 12 months. There are some exemptions to this rule, but they are rare.

The Spouse Visa is name of the class of Visas, but also generally the name for Married couples who still need to show that they have a genuine and have a continuing commitment to each other. One of the main parts of this is showing that you are living together and have a shared life together. There are also some exemptions and other requirements

The Fiancé Visa is a Visa for couples who have met and are looking to be married in the near future. One of the main requirements of this Visa is that the couple be married within 9 months of being granted the Visa. This is only available as an offshore Visa.

There are the Temporary and Permanent versions of the Spouse Visa.

The offshore (outside Australia) 309 Visa is the Temporary Visa that is applied for outside of Australia and you would need to be outside Australia when the Visa is Granted. You can visit Australia In between though.

As a Temporary Visa it is given to applicants who can show that they have been living together for less than 3 years or 2 years if there is a child of the relationship. Once the 2 years have expired and the couple can show that they are still together they can apply for the Permanent Visa.

The Permanent Visa is the 100 Spouse this is given to applicants who can show that they have been living together for less than 3 years or 2 years if there is a child of the relationship. They then go onto a permanent Visa with a 5 years resident return component.

The Onshore 820 is a visa that is given to people who apply inside Australia, but can only show that they have been living together for less than 3 years or 2 years if there is a child of the relationship. Once the 2 years have expired and the couple can show that they are still together, they can apply for the Permanent Visa.

The Permanent Visa is the 801 Spouse this is given to applicants who can show that they have been living together for less than 3 years or 2 years if there is a child of the relationship. They then go onto a permanent Visa with a 5 years resident return component.

Both the 820 and 801 have long waiting periods and most people will be given a Bridging Visa ‘A’ with work rights once the visa that they were originally on when they applied expires. During this time if they are looking to exit Australia for any reason, they need to apply for the Bridging visa ‘B’ prior to departing Australia on each occasion so as to then maintain the application and re-enter into Australia.

The current Covid-19 crisis is also meaning that those people who are granted a visa and given an exemption on the travel ban to Australia will also be required to quarantine in a Government appointed hotel for 2 weeks. At the moment this is being paid for by the State government that you are entering into, though this is under review and you may need to pay for your own accommodation and associated costs in the future. There have also been discussions on restricting the number of people being able to enter Australia each week.

So, if you are looking to travel to Australia and you wish to have assistance with the Australian Partner or Australian Spouse Visa then Taylor Hampton Solicitors, Emigrate to Australia team can assist you with your Visa needs.

Please call Emigrate to Australia on 020 7425290 or email enquiries@emigrate-to-australia.co.uk
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