Spouse and Marriage Visa Lawyers
The My Migration Lawyers Difference
Affordable fees
Competitive professional fees make experienced legal representation more accessible.
Instalment payment options
Pay professional fees in manageable instalments throughout your matter.
Experienced lawyers
Experienced representation for visa applications, refusals, cancellations and judicial reviews.
Complex matter capability
Experienced representation when complications, refusals, cancellations or judicial reviews arise.
Two-day
cooling-off period
You receive a two-business-day cooling-off period after signing the costs agreement.
Which spouse visa do you apply for in Australia?
Your situation | Spouse visa |
|---|---|
Married, applying in Australia | Subclass 820 (temporary), then Subclass 801 (permanent) |
Married, applying from outside Australia | Subclass 309 (temporary), then Subclass 100 (permanent) |
Engaged, not yet married | Subclass 300 Prospective Marriage visa, applied for from outside Australia |
Get Advice on Your Spouse Partner Visa
What makes a marriage valid for a spouse visa?
A spouse visa needs a marriage that is valid under the Marriage Act 1961. A marriage in Australia must follow Australian rules. An overseas marriage is generally recognised if it was valid where it took place. A marriage is not recognised for a spouse visa where:
See What Makes a Marriage Valid for an Australian Spouse Visa?, Is a Proxy or Online Marriage Valid for a Spouse Visa?, Is a Same-Sex Marriage Recognised for a Spouse Visa? and Partner Visa Unrecognised Overseas Marriage.
Is a spouse visa different from a de facto partner visa?
Spouses
The marriage certificate proves the legal relationship. There is no 12-month living together requirement, but the relationship must still be shown to be genuine and continuing.
De facto partners
There is no certificate, so the relationship itself must be proved, usually including 12 months as a de facto couple before applying.
Is a marriage certificate enough for a spouse visa?
Which spouse visa situations need particular care?
An arranged marriage
An arranged marriage can support a spouse visa, but the evidence must reflect how the relationship works. See Partner Visa for Arranged Marriages.
Married in Australia on a visitor visa
You can marry on a visitor visa, but condition 8503 may affect where you can apply. See Can I Get Married in Australia on a Visitor Visa?
A large age gap
An age gap does not stop a spouse visa, but it is often looked at more closely. See Can I Get a Spouse Visa With a Big Age Gap?
Refused even though you are married
A spouse visa can still be refused if the Department is not satisfied the relationship is genuine. See Why Was My Spouse Visa Refused Even Though We Are Married?
How does My Migration Lawyers help with a spouse visa?
1. Check the marriage
We check that your marriage is valid and recognised in Australia.
2. Choose the subclass
We advise whether the Subclass 820 or Subclass 309 suits your situation.
3. Check the sponsor
We check whether your spouse can sponsor you and whether any limits apply.
4. Plan the evidence
We tell you what evidence your marriage needs beyond the certificate.
5. Prepare the statements
We help you prepare your relationship statement and the Form 888 statements.
6. Lodge and manage
We lodge the application and deal with the Department until a decision.
7. Act on a refusal
If the spouse visa is refused, we advise on review and act within the time limit.
Why choose My Migration Lawyers for a spouse visa?
Why choose My Migration Lawyers for a spouse visa?
We check the marriage first
We prove the relationship
We handle onshore and offshore
We act on review
Spouse Visa Frequently Asked Questions
Is a spouse visa permanent?
Not at first. The Subclass 820 and Subclass 309 are temporary. The Subclass 801 and Subclass 100 are permanent.
Do married couples need to have lived together for 12 months?
No. The 12-month requirement applies to de facto partners, not spouses.
Can I get a spouse visa if we married overseas?
Yes, if the marriage was valid where it took place and is recognised in Australia.
Is a cousin marriage recognised for a spouse visa?
It depends on the relationship. See Is a Cousin Marriage Recognised for a Spouse Visa?
Will we have an interview for a spouse visa?
Sometimes. See Will We Have an Interview for a Spouse Visa?
What happens if we divorce after the spouse visa is granted?
Can a spouse visa refusal be appealed?
Often yes, to the Administrative Review Tribunal. See Who Can Help Me Appeal a Spouse Visa Refusal to the ART?
Who can help with a spouse visa in Australia?
A migration lawyer can. See Who Can Help With a Spouse Visa in Australia?
Who Reviewed This Page
Weiwei Zhang