Can We Apply for a Spouse Visa While Our Partner Is Still in Australia on a Working Holiday Visa?
Confusion often arises regarding the possibility of applying for a partner visa while within Australia on a tourist visa. This article aims to clarify the process and provide guidance based on current immigration laws.
Applying for a Partner Visa While on a Tourist Visa
Yes, it is possible to apply for a partner visa (subclass 820 or 801) while holding a tourist visa (subclass 600) in Australia. However, several factors and conditions must be considered to ensure a successful application process.
Visa Validity and Conditions
It's crucial to verify the validity of your tourist visa throughout the application process, as it remains a requirement for your stay until a decision is made. Additionally, being aware of the specific conditions of your tourist visa, particularly regarding the length of stay, is essential. For example, if your visa is about to expire, you may need to secure a Bridging Visa A (BVA) to remain in Australia legally until a decision on your partner visa is reached.
Eligibility Criteria for Partner Visa
Your partner must either be an Australian citizen, permanent resident, or an eligible New Zealand citizen. If your partner meets these criteria, you can apply for a temporary partner visa (subclass 820) to see if you meet the requirements for a permanent visa (subclass 801).
To apply for a subclass 820 visa, you must be legally married or in a de facto relationship with your partner for at least 12 months. Therefore, it's not advisable to start a relationship while on a tourist visa and immediately attempt to apply for a partner visa, as you would need proof of a continuous and committed relationship.
Visa Changes While in Australia
If you're inside Australia on a visitor visa and wish to apply for a spouse visa, you must return to your home country and apply from there. Applying for a change in immigration status while in Australia on a visitor visa is not allowed. This practice is in line with Australian immigration laws, which require that you exit the country to apply for certain types of visas.
It is important to remember that applying for a spouse visa while on a working holiday visa or any other temporary visa requires careful planning and attention to detail. Consulting with a migration agent or immigration lawyer can provide valuable guidance for your specific situation and ensure that you meet all the necessary requirements for a successful application.
Conclusion
In summary, while it is possible to apply for a partner visa while on a tourist visa in Australia, it is subject to certain conditions and requirements. Ensuring the validity of your visa, understanding the eligibility criteria for your partner, and following the correct procedures are critical steps to successfully obtaining a spouse visa.