Applying For A Spouse Visa In Australia

[Rowdy]

I thought I would share my experiences on the above topic having just been through the process.

Firstly some background. My GF and I are not married and we applied for a Defacto Visa. Supposedly the most difficult of the spouse visas. She has been in Aus for 5 months on a Tourist Visa and 9 months on a Student Visa, in all we have been together for 20 months with evidence of living together for 18 months of that.

We prepared the application with all relevant info as set out in the booklet published by DIAC. We had already obtained police clearances from Thailand and Aus at this point. When all was ready she took her medical at the local Health Services Australia office and picked up the results a week later. We then phoned DIAC to make an appointment to submit the application, it took about 1.5hrs on hold to get through to anyone then another 15mins answering questions during which I am sure they were undertaking a preliminary check of eligibility. I was placed on hold for a few minutes after giving my GF's and my name and advising them we were applying for a defacto visa. Then the girl came on the line and asked a few questions about how long we had been together and confirmed my GF was Thai (I never told them this). After answering these questions I was put on hold again for a few minutes and then given a choice of appointment times.

This is where the process seems to be different to an offshore application. The next available appointment was in 3 days time. DIAC sent an email outlining all documents required to be submitted, basically a summary of what is outlined in the partner migration booklet. It also stated that BOTH parties must attend the appointment as the interview would be undertaken with both parties at that time, failure of both parties to attend may result in a delay in processing the application.

We attended the DIAC office, arriving about 20mins early only to be told in no uncertain terms that we shouldn't have come early and we cant be helped unless we arrive exacly on time!! We sat down for 20mins and went back to the counter to be given a number then went and sat down again to wait for this to be called. Why we couldn't get the number earlier is one of life's beaurocratic mysteries.

When our number was called we walked to the relevant desk and handed over the file of our application. The guy behind the desk flicked through it to make sure all bases were covered. We explained the reasons behind putting various bits of evidence in the file. He asked us some basic questions, gave me sh**t about the stated responsibility for housework, managed to identify some of the more obscure places we had taken photos and asked us about our future plans. He then checked my GF's travel movements on the computer to see that she had been in Aus for the time we had stated. At the end of it he said he would rate our file at about 60%, but the layout and format of the submission we excedllent and easy to follow. He said that having met us he was convinced we were genuine and he wouldnt need another interview. We were then told that he was very busy and there were a few administrative processes to go through before he could issue a visa, we should receive a letter from him in about a month. We were given a letter stating that the application had been received, that my GF would automatically transfer onto a bridging visa to allow her to stay in Aus if a decision hadn't been made on expiry of her existing visa and that she could use that letter to allow her to apply for a Medicare card. The whole interview/submission process took less time that we had spent on hold waiting to get an appointment to submit the application.

It only took 3 days to receive the letter of approval.

[gburns57au]

Yes the onshore procedures are different...and easier....it is still a difficult one when done offshore.

you had the required time together so unless there was a drastic twist, you were always going to have a good chance.

Good luck to you both......

Edited March 9, 2008 by gburns57au

[david96]

Providing the applicant meets the criteria it is easier to apply for a spouse visa in Australia, in this case you had the minimum 12 months living together in a de facto status in Australia which is easier to prove than in an offshore application.

The fact that the applicant held a student visa may have assisted the application. It is a lot easier for a DIAC officer to process an application onshore for you are both in Australia on a continous basis. The actual number of hours spent by DIAC processing a visa is dependant on its complexity.

The "nature of the household" one would have thought that if you are "both living on a continuing basis under the one roof" would suffice.