There are various pathways to immigration, among which applying on the basis of a de facto or marital relationship is the most direct, simple, and efficient method. It is based on the most intimate relationship between the applicant and their sponsor (i.e., de facto or marital relationship). While this method may appear simple, the legal provisions and clauses involved are quite complex. Furthermore, because this is a straightforward shortcut, it is easily exploited by some to obtain permanent residency; therefore, immigration authorities are extremely strict and cautious when reviewing such visa applications. Thus, while this is considered the simplest application method, it is, in other words, also quite challenging. So, what are the requirements for marriage-based immigration to Australia?
To apply for a temporary residence visa, the applicant must meet the following conditions:
Be sponsored by an Australian citizen, permanent resident, or eligible New Zealand citizen, with the sponsor being at least 18 years of age.
Be married to the sponsor in a legal, genuine, and continuing relationship, with the intention to continue this relationship after arriving in Australia.
Intend to marry the sponsor at the time of application, be married at the time the application is approved, and maintain a genuine and continuing relationship.
Have lived with the sponsor in a de facto relationship for one year or more, maintaining a genuine and continuing relationship.
Live with the sponsor or be only temporarily separated.
What are the other restrictions for a sponsor of a spouse temporary residence visa?
In addition to the above conditions, the sponsor must also meet another requirement: they cannot have successfully sponsored more than two spouses within a five-year period. Furthermore, if the sponsor has previously successfully sponsored a spouse, they cannot sponsor another new spouse within five years. If the sponsor previously obtained Australian permanent residency through being sponsored in a marital relationship, and the marriage subsequently broke down, the new regulations also restrict such individuals from sponsoring a new spouse within five years.
Only when the application meets all the above requirements will the applicant be granted a two-year temporary residence visa. During these two years of temporary residence, the applicant is permitted to work. Two years after the date of application, if both parties are still living together or meet the following conditions, the applicant may be granted a permanent residence visa.
Basic conditions for the applicant to be granted a permanent residence visa:
Continued sponsorship by the sponsor.
Hold a spouse temporary residence visa.
Maintain a genuine and continuing relationship with the sponsor, and have applied for the temporary residence visa at least two years prior.
If the relationship with the sponsor has ended, the applicant may still be eligible for a permanent residence visa if the termination was due to reasons such as domestic violence or the death of the sponsor.
Sponsor conditions:
The sponsor must be a legally accepted sponsor. Generally, they must be at least eighteen years of age and, if necessary, must provide an assurance of support.