which visas allow a spouse to be added after lodgement and before the grant?

Whether a spouse can be added after lodgement is essentially asking,whether adding a spouse partway through constitutes a valid application — in other words, whether it qualifies as a valid application — and is therefore governed by Schedule 1. Let’s explore this question in detail below.

First, taking485as an example, under Schedule 1, Item 1229(h),the spouse must be included in the application at the same time as the primary applicant, as shown in the image below: 

500The same applies to the student visa — under Item 1222(e),the spouse is also required to be included at the same time as the primary applicant, as shown below:

What about143then? According to Schedule 1, Item 1130(c), the legislative text shown below appears no different from the two examples above — it also states that a family member must be included at the same time and place as, and combined with… the primary application. See below:

Wait — are you sure the legislative text above is correct? Is a combined application really required? I’ve handled many Subclass 143 cases where a spouse was added partway through without any problem!!That’s true — a literal reading of the legislative text above suggests that the application must be lodged simultaneously, at the same time and place,but in practice, adding a spouse to a Subclass 143 application partway through is perfectly fine.

This is because,Migration Regulation 2.08A contains a supplementary provision regarding PR visa applications, which states that,for all PR visas except the Subclass 887, adding a spouse partway through the application can be treated as if it were lodged at the same time and place and combined with the original application,as shown below — please note the section highlighted in green:

Reg 2.08A(2A) specifies that the Subclass 887 visa is excluded, as shown below:

For any PR visa application (except Subclass 887), a spouse can be added at any time before the grant. This is because Reg 2.08A additionally provides that, even though the spouse was added after the original lodgement, that subsequent addition can be treated as if it had been lodged at the same time and place as, and combined with, the original application (in other words, even though the two lodgements were not simultaneous and are technically separate applications, the legislation deems them to constitute a combined concurrent lodgement). However,for all temporary visa applications (such as Subclass 500, 482, 485, and even 489 and 491), a spouse cannot be added partway through,because no equivalent provision to Reg 2.08A exists in the legislation to afford temporary visa applicants the same convenience.

The above analysis is purely from the perspective of visa lodgement, but for points-based skilled migration visas such as Subclass 190/491/189,adding a spouse also has implications for your points score — this is a separate and serious matter,and handling it incorrectly can result in a visa refusal. See the detailed discussion here:If you claimed single-status points for Subclass 190/491/189, you must not cohabit or marry before the visa is granted

A few additional reminders about partner relationships — most discussions focus on document preparation, but certain logical inconsistencies can also raise a case officer’s suspicions about the genuineness of the relationship:

– When each party applied for a Subclass 485 visa individually, they were already living together but did not declare a de facto relationship — this is extremely common amongst Chinese international students;

–Overseas Health Cover for the Subclass 485 was also taken out individually as single-person cover, rather than a joint family policy;

–one party briefly moved out during the application period but this was not declared in the supporting documents(for example, we have had clients where one party’s parents visited Australia, the applicant rented separately and moved in with their parents for several months, but did not disclose this — which raised suspicions);

– In their respective visa applications,particularly in Form 80, the address information provided was incomplete or inaccurate, leading the Department to question whether the relationship was genuine and continuing

These seemingly minor details can all give a case officer reason to question the relationship. Please exercise extreme care with partner relationship documentation — whether for Subclass 485/500 or migration applications — and even more so for partner migration applications.