Can I Bring My Spouse to Australia on a Visitor Visa?

Can a spouse get a visitor visa to visit an Australian partner?

A spouse can get a visitor visa to visit an Australian partner, provided the Department is satisfied the visit is genuinely temporary. Being married to an Australian is not a bar to a visitor visa, but the Department may look closely at whether the spouse will leave at the end of the visit. Strong ties to the home country, a clear travel plan and an honest application help. Our article on a partner visa after a visitor visa refusal explains what happens when a visitor visa is refused.

Should the spouse mention the marriage on the visitor visa application?

The spouse should declare the marriage truthfully on the visitor visa application. Leaving out a spouse or describing oneself as single can later be treated as false or misleading information, which can affect a future partner visa under PIC 4020. Our article on an undeclared relationship explains how earlier answers are compared with the partner visa.

Can my spouse apply for a partner visa while in Australia on a visitor visa?

A spouse in Australia on a visitor visa can apply for the onshore Subclass 820/801 partner visa only if the visitor visa does not carry condition 8503, or the condition has been waived. The application should be lodged while the visitor visa is still in effect, because an applicant who no longer holds a substantive visa must also meet Schedule 3 criteria, which are waived only for compelling reasons. A waiver of condition 8503 requires compelling and compassionate circumstances that developed after the visa was granted. Our articles on the 8503 waiver and on moving from a tourist visa to a partner visa explain these rules.

Can my spouse visit Australia while a Subclass 309 is processing?

A spouse can apply for a visitor visa and visit Australia while a Subclass 309 application is processing, but must be outside Australia when the Subclass 309 is granted. The Department assesses the visitor visa separately, and the pending partner visa does not guarantee the visitor visa will be granted. Our page on the Subclass 309 visa explains the offshore pathway.

Is a visitor visa or a partner visa the better first step?

For most couples planning to live together in Australia, a partner visa is the better first step, because a visitor visa does not lead to residence and may limit what the spouse can apply for in Australia. Our article on the offshore partner visa explains the Subclass 309/100, and a visit can still be planned around it.

How does My Migration Lawyers plan visits and partner visas for Australian sponsors?

My Migration Lawyers plans visits and partner visas for Australian sponsors by looking at the spouse's visa history, the likely conditions on a visitor visa and the couple's preferred timing, then advising whether to lodge offshore first or visit first. The firm makes sure each application is consistent with the next, so a short visit does not create a problem for the partner visa. Sponsors can speak with our partner visa lawyers about the right order.