Australia spouse visa interview

We have already explained the different Australia spouse / partner visa options, shown in the links below.

But how about the Australia spouse visa interview?

If you lodged your Australia partner visa in person, then you may have been interviewed at the time of lodging. but what if you lodged your de facto, prospective /  fiance or other visa type and have not been interviewed yet? will you be interviewed for the Australian spouse visa?

The case officers usually decide based on the nature of the application. This is a basic idea but anything can happen.

If the applicant and sponsor are both young (or at least both similar ages), and are clearly from similar backgrounds, have not been married before, have not applied for (or sponsored for) an Australian visa before, and have spent plenty of time together, in a normal and reasonable way before marrying (or applying), then there may not be a telephone interview.

If the applicant and sponsor (for EXAMPLE) are:

  • from different backgrounds of cultures
  • do not speak the same language
  • have been married before
  • are not similar ages
  • have applied for or sponsored for an Australian spouse visa before
  • have provided insufficient basic evidence
  • have provided inconsistent or confusing information
  • have made mistakes in their visa application

then they MAY be more likely to have a telephone interview with the case officer.

Australia visa

The case officer may want to know things such as:

– If your ages are very different, is the applicant genuine? Does (for EXAMPLE) a 21 year old Asian girl want to marry a 59 year old Australian man just to get an Australian spouse visa, or is it a genuine spousal relationship?

– If the applicant has previously applied for an Australian spouse visa, why did that fail? Why is this relationship genuine?

– If the applicant and sponsor do not speak the same language, how can they communicate?

 

The more specific questions of an interview for an Australian spouse visa may be questions such as:

– when and how did you meet each other?

– when did the ‘relationship’ start?

– have you met each other’s familt and friends? Who and when?

– when and where did you live together? What did you do when together?

– how do you communicate when apart?

– what plans do you have for your lives together in Australia?

 

Some case officers may even ask much more specific questions, such as:

– what side of the bed do you sleep on?

– what does he/she have for breakfast?

– where did he/she go to school?

– who is his/her best friend?

– what does he/she do at work?

and this kind of thing.

These are all and only basic examples of what may or may not be asked.

And even genuine married couples who have been together for years may have some discrepancies, because some things are seen differently by each person. So it may be worth just checking to make sure that you both think the same thing about basic issues!

 

WHAT TO DO NEXT:

Go to the GET ASSESSED buttons at the top or bottom of these pages and start your own personal visa assessment with a real person, now.

 

New Zealand Partner visa for Australia

How can a husband or wife of a New Zealand NZ citizen get an Australian visa?

I am an NZ citizen, how can my husband or wife come to live and work in Australia?

There are two main ways within a partner stream.

If someone is an eligible NZ citizen, they can go in the main spouse / partner visa stream. What is an eligible NZ citizen? How is someone an eligible New Zealand citizen?

This means that they must have been in Australia before a stated date – usually given as around the year 2001 – and therefore have their eligible NZ citizen visa status.

If not, then an NZ citizen may still sponsor their husband or wife on a subclass 461 NZ partner visa.

This is a 5 year visa, giving rights in Australia. It means that they should be either married, or de-facto: have lived together for 12 months before applying. There is no prospective NZ spouse provision.

For details on the evidence and documentation required for a subclass 461 visa, as well as checklists, guides, forms and instructions, simply go to ‘Get Assessed’ at the top or bottom of the page.

 

 

Australia spouse visa processing times

Australian spouse and partner visa processing times do differ from country to country.

In an Australian partner, spouse, prospective spouse, de-facto visa application, the Australian citizen or Permanent Resident is the sponsor.

The person applying to come and live with them in Australia, with their new Australian visa.

Where do I lodge an Australian spouse visa? How can I apply and lodge the spouse visa application?

The country that the application will be lodged in is whichever country the applicant is in.

What if there is not an Australian embassy or visa office in the country? Then it will be a normal system that a near, nominated other country will have the Australian visa office or embassy that will take the applications.

Why are processing times different for different nationalities? Is this discrimination?

No it is not – this is based on the number of times that people of that nationality have over-stayed in Australia or broke visa rules and/or lodged fake or fraudulent applications.

It may also be about the time that the case officer needs to undergo the full checks of an application.

If the Australian sponsor is much older than the application, comes from a different culture, may not speak the same language and other issues, the DIAC case officer may feel as though they need to undergo further interviews or request further evidence, in order to ensure that the application is genuine, and that the applicant is not just after an Australian visa.

These are DIAC’s rules, not ours!

This is just the way that the system has been codified or regulated, so that legal decisions can be made related to something quite indefinable at times: a spousal relationship.

 

To find out the details for your spouse visa application and have a personal migration assessment report sent to you, simply go to ‘Get Assessed’ at the top or bottom of of the page.

Then you can receive all of the details about your situation and learn more.

 

 

The different types of Australian partner visa

Australian spouse, de facto, fiance, wife or husband visa, marriage visa … people are not always sure what to call the different partner visa types.

So here is a basic explanation of the real and used names of the different Australian partner visa options:

Spouse visa:

The spouse visa name also has the official label ‘de jure’, which means ‘of law’ … which therefore means married.

So this visa type is for a couple who are married before applying for their Australian partner visa.

It does not matter where they married, but if already married, then this is the option. The subclasses used are 309 and 100 (for applications where the applicant is outside Australia), and subclass 820 and 801 when the applicant is inside Australia.

De facto or de facto spouse visa:

This visa is for couples who are not married, but have lived together for 12 months. This can be living together anywhere — inside or outside Australia. But they must have good evidence of living together. It does not need to be evidence in joint names (though this can help), but any normal evidence such as mail, registrations, bills and such, that both people have these kinds of things to the same address in their name.

Prospective spouse visa:

This is for couples who are not married but plan to marry – in Australia – within 9 months of the visa visa being granted.

Interdependent:

This is for same-sex couples, and works in the same way as the de facto spouse visa, with 12 months cohabitation being important.

New Zealand partner visa:

If a New Zealand citizen has a spouse (married partner) or de facto (lived together for 12 months), they they can apply for their partner to have a 5 year NZ partner visa, subclass 461.

 

This is a very basic guide as to the options.

For costs, partner / spouse visa processing times, evidence required for a spouse visa application and more, simply go to Get Assessed at the top or bottom and begin your process as explained.

 

 

Australia partner visa options

To go into more detail about one key area – Australian partner visas.

These are split into different options, or sub-options:

Married, ‘de jure’ spouse:

Such an Australian spouse visa application would be for people who are married before they apply. (or technically will be married before the time of the decision on the visa grant)

If the couple have been married for 5 years – or married for 2 years and have a child – at the time of visa application, then they may apply for the full Permanent Resident visa.

If not, then they may apply for the two year provisional Permanent Resident visa. Then, two years after that visa grant, they re-apply for the full Permanent Resident visa, of course if they are still in a spousal relationship!

‘De facto’ spouse visa:

This means if the couple are not married, but are in a spousal relationship, and have been – living together – for at least 12 months before their Australian partner visa application.

They need to prove evidence of cohabitation such as mail or registrations at the same address.

If they have been living together for 5 years – with real evidence – or for two years with a child, then they may apply for the full Permanent Resident visa.

If not, then they also may apply for a two year provisional Permanent Resident visa, as above.

Interdependent:

The interdependent route is for ‘same-sex’ couples, which means homosexual (gay, lesbian) relationships.

In the visa route, this is the same as the defacto spouse visa – 12 months of cohabitation is required to be able to lodge the application.

Prospective spouse visa:

This is for unmarried couples who do plan to marry in Australia. After the visa is granted, they would have 9 months to do so.

Then the applicant would receive the two year provisional Permanent Resident visa, and then after two years, apply for full Permanent Residence.

australia-new-job

The provisional phase:

On the provisional Permanent Resident visa, in all aboves routes, the sponsorship of the sponsor is still valid and the relationship must remain as a genuine spouse relationship, in order to finally apply for the full Permanent Residence.

So if the relationship breaks down, the sponsor may remove their sponsorship, for any reason, and the applicant would need to leave Australia.

As soon as the applicant has full Permanent Residence, they are an independent PR and there is no sponsorship – i.e. it does not matter what happens to the relationship.

Evidencing a spouse relationship for an Australian visa application:

The evidence that a case officer may want to see, is such as:

Social recognition: this means that they should show evidence that their family and friends recognise and are aware of the relationship. This means showing photos of such people together, and getting statements from such people about the relationship. They can state things such as they knew when the relationship started, where and when they live together, and what plans they know the couple has for the future.

Financial aspects: It is not a must for a couple to have e.g. a joint bank account or share finances, but they should be able to explain or show how they use their funds as a normal couple together, supporting each other.

Cohabitation: for the claimed times spent together, they should be able to show and explain where they lived, and the relevant details.

Other aspects: Explaining what plans they have for the applicant in Australia (jobs, language classes if needed, where they will live etc.), as well as how they communicate when apart. Evidence such as telephone bills, emails or communication records and such, can all help.