Who Can Help With a Wife Visa in Australia?

What visa does my wife need to live with me in Australia?

The visa a wife needs to live with her husband in Australia is a partner visa, which is the Subclass 820/801 if she applies in Australia and the Subclass 309/100 if she applies from outside Australia. Both are two-stage visas, with a temporary visa first and the permanent visa generally assessed two years after lodgement. Our article on the partner visa two-stage process explains how the stages work.

What does the husband have to provide as the sponsor?

The husband as sponsor must provide proof of his Australian citizenship, permanent residence or eligible New Zealand citizenship, his identity documents and his part of the relationship evidence. He also gives the sponsorship undertaking and, where children under 18 are included, may need to provide police checks. Our page on partner visa sponsorship limitations explains when a previous sponsorship or his own partner visa history can block a new sponsorship.

Can my wife's children come to Australia with her?

A wife's dependent children can usually come to Australia with her by being included in the same partner visa application. Each child must meet health and character requirements, and where the other parent has rights over the child, that parent's consent or a court order is usually needed. Children are best included at lodgement, because adding a child later can be more complicated and may need the other parent's consent at a difficult time. Our partner visa checklist lists the documents each child needs.

What problems come up most often in wife visa applications?

The problems that come up most often in wife visa applications are marriages that are not recognised in Australia, documents showing different names or dates of birth, a wife who is still divorcing a former husband, short relationships and long periods living apart. Each of these can be explained with the right evidence, but each needs to be dealt with before lodgement rather than after the Department raises it. Our article on an overseas marriage that is not recognised explains one of the most serious issues.

Can my wife visit Australia while the offshore application is processed?

A wife who has applied for the Subclass 309 can usually apply for a visitor visa to spend time in Australia while the application is processed, but the visitor visa is a separate decision and is not guaranteed. She must generally be outside Australia when the Subclass 309 is granted. Our article on partner visa overseas travel explains the timing issues to plan for.

How does My Migration Lawyers help an Australian husband sponsor his wife?

My Migration Lawyers treats the husband in Australia as the point of contact while preparing his wife's case in full, so both spouses understand what is being lodged and why. The firm checks the marriage record, any earlier divorce, her visa history and his sponsorship history before advising on the onshore or offshore path, then prepares the application and responds to every Department request. Husbands can speak with our partner visa lawyers, and where a refusal has already occurred, the firm also acts in partner visa refusal reviews.