# Spouse/partner visa details



## kallaks (Dec 7, 2018)

Hi all,

I have queries regarding spouse/partner visa 

I have got my pr granted in Feb 2020 and yet to make my first entry in Australia

1. I am getting married in Dec 2020, do I need to inform DHA about change in relationship , if yes, how?

2. Do I need to apply visa for my spuse only after I make first entry in Australia?

3. If she has a certificate from her college regsrding medium of instruction as English, does she need to appear for English tests?

4. What is the timeline currently to get temporary visa and thereafter permensnt spouse visa

5. What is the difference in the rights between two visas?


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## fugitive_4u (Nov 7, 2016)

kallaks said:


> Hi all,
> 
> I have queries regarding spouse/partner visa
> 
> ...


No, You need not inform them of the same now. You can directly apply for a Spouse Visa after your marriage.



kallaks said:


> 2. Do I need to apply visa for my spuse only after I make first entry in Australia?


No, You can do it from offshore as well. Offshore spouse visa is 309 and 100, whereas onshore is 820 and 801. Note that if you apply offshore, you will have to be offshore when a decision is made on this visa.



kallaks said:


> 3. If she has a certificate from her college regsrding medium of instruction as English, does she need to appear for English tests?


There is no specific language requirements as seen on this page --> https://immi.homeaffairs.gov.au/vis.../partner-offshore/provisional-309#Eligibility



kallaks said:


> 4. What is the timeline currently to get temporary visa and thereafter permensnt spouse visa


17 to 25 months is what it says. Basically once you apply for a 309, you will then be asked for additional documents before granting Subclass 100. This is just to establish that you are in continuous genuine relationship. Sometimes, when you apply for a 309, if you are already in a long relationship (if evident in your records), you maybe granted a Subclass 100 directly too (will surely not happen in your case, but just saying...)

So, for you, it may take a while to grant 309 and then again 2 more years for 100.



kallaks said:


> 5. What is the difference in the rights between two visas?


Technically not much, except that 309 is temporary and 100 is permanent. 309 allows you to do everything and is valid until Subclass 100 is granted.


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## mustafa01 (Jan 29, 2017)

kallaks said:


> Hi all,
> 
> I have queries regarding spouse/partner visa
> 
> ...


1. You do not have to notify the Department of any changes in your circumstances that occurred: 
• after you were granted your visa (if you applied for your visa in Australia); or 
• after you have been immigration cleared (if you applied for your visa outside Australia). 

So in your case, even though you have a PR but you have not made first entry yet and if you marry before first entry then and as per DoHA policy you should update them by filling Form 1022. There is no harm in updating the department and moreover it will be beneficial when your spouse applies partner visa.

2. You can apply for partner visa SC309 before your first entry but your soon to be spouse have to provide strong evidence of genuine relationship as a de facto partner. Usually de facto relationship must have existed for at least 12 months immediately before applying for the visa. Time spent dating or in an online relationship might not count as being in a de facto relationship. If it is a arrange marriage then it is better to wait and apply for visa after marriage. 

3. There is new language requirement for partner visa starting from last quarter of 2021. New partner visa applicants and permanent resident sponsors will be required to have functional level English or to demonstrate that they have made reasonable efforts to learn English. So if your to be partner has got a certificate proving completion of a degree, a higher degree, a diploma or a trade certificate in an institution in or outside Australia that required at least two years of full-time study and all instructions were in English then they have met Functional English requirement. 

4. Current timeline for 17-25 months for 1st stage visa (SC309). Second stage(SC100) is 17-23 months but the second stage will be prioritized if your partner is onshore as per the latest updates from the Acting Minister of immigration. 

5. Apart from temporary and permanent label tags there is virtually no difference between them. Both are eligible for Medicare and other Government benefits. The provisional visa has unlimited working and study rights as the permanent one, if that's what you want to ask.


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## PrettyIsotonic (Nov 30, 2016)

kallaks said:


> Hi all,
> 
> I have queries regarding spouse/partner visa
> 
> ...


1. Do you have the visa condition 8515 attached to your PR visa? If yes, your visa grant may be in jeopardy if you to get married before your first entry to Australia. 

8515 - You must not marry or enter into a de facto relationship before entering Australia. 

2. My understanding is you have to make a first entry into Australia to 'activate' your PR visa, after which you will be eligible to apply for spouse visas. Probably worth checking this point with a MARA agent, ISCAH have a free service that may be able to quickly clarify: https://www.iscah.com/free-adviceassessment/

3. There are no current English language requirements for spouse visas, but there are plans to introduce some (dated 8 October 2020) - they may/may not affect the timelines you are looking at, see: New requirement to learn English to maximise job prospects


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## NB (Mar 29, 2017)

This point was overlooked in all previous replies

Cheers


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## aptechglobal (Apr 11, 2019)

Hi

1. If the Australia PR is granted, you will get one form from DHA, in which you will be asked for the status of your relationship. There you can mention that you are married.

2. That depends on you, you can do that after entering Australia, or you can get your spouse a tourist visa, where you both can go at the same time.

3. Yes it is necessary to prove English language proficiency by giving IELTS or PTE. Know more here New requirement to learn English to maximise job prospects

4. The complete process of getting TR takes 8 to 6 months and if you apply for a tourist visa it hardly takes one month.

5. Having an Australia PR visa, make you get complete benefits of Australian citizenship on the other hand if you are having TR you will need to live and work in the designated area of Australia, from where you are nominated.


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## mustafa01 (Jan 29, 2017)

NB said:


> This point was overlooked in all previous replies
> 
> Cheers


I assumed he went through his grant letter and would have mentioned if he had condition 8515 attached.


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