Australia’s currentvisa processing, especially for skilled migration visas like Subclass 189/190/491,takes an extremely long time to complete, which means it is increasingly common for applicants to be single at lodgement, meet someone during the waiting period, and then face“Can I add a spouse to my application after lodging?”— this very question.
It is actually a fascinating question.
whether a spouse can be added after lodgement comes down to askingwhether adding a spouse midway constitutes a valid application — in other words, whether it qualifies as a valid application under Schedule 1. Let’s explore this below.
First, let us take485as an example: under Schedule 1, Item 1229(h),spouses must lodge together with the primary applicant, as shown below:
500The same applies to student visas. Under Item 1222(e),spouses are also required to lodge at the same time as the primary applicant, as shown below:
What about143? Under 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’s application must be made at the same time and place as, and combined with, the primary applicant’s application. See below:
Wait — are you sure that legislative text is correct? Does it really have to be a combined application? I have personally handled many Subclass 143 cases where a spouse was added midway through with no issues at all!!Indeed, reading that legislative text literally, it does appear to require lodgement at the same time and place;however, in practice, adding a spouse to a Subclass 143 application partway through is perfectly fine.
This is becauseMigration Regulation 2.08A contains an additional provision for PR visa applications, which states thatfor all PR visas except Subclass 887, adding a spouse midway through the application is deemed to constitute a simultaneous, same-place, combined application,as shown below — please note the highlighted section in green:
Reg 2.08A(2A) confirms that Subclass 887 is excluded, as shown below:
When applying for any type of PR visa (except Subclass 887), you can add a spouse at any point before the visa is granted. Reg 2.08A additionally provides that even when a spouse is added after the initial lodgement — what would otherwise be a separate application lodged at a different time — the regulation deems it to have been submitted simultaneously, at the same place, as a combined application (in other words, the law explicitly treats what is clearly a later, separate application as if it were a simultaneous combined lodgement).However,for all temporary visas — such as Subclass 500, 482, 485, and even 489 and 491 — you cannot add a spouse partway through,because no provision equivalent to Reg 2.08A exists to afford temporary visa applicants the same flexibility.
That covers today’s topic.
If you need to add a spouse to an existing application,
please don’t hesitate to get in touch!
Today is Valentine’s Day, everyone!
Australia is finally reopening its borders to all visa holders on the 21st
— for couples who have been in long-distance relationships for nearly two years,
including international students, Subclass 485 holders, and working holiday makers,
this means they can finally reunite by entering on a visitor visa
On this annual celebration of love,
let’s take advantage of this romantic occasion and dive into the details of
the onshore partner visa in Australia
— so you and your loved one never have to face separation again
Everything you need:partner visa information and frequently asked questions
— don’t miss it
Wishing all couples in Australia a swift partner visa grant~
Our WeChat group for timely updates on returning to Australia is now live
— if you’d like to join,
simply add our customer service contact and note: ‘Returning to Australia’
Visitor visa — entry to Australia
All visitor visas — whether for visiting family or for business — are included, which means couples who have been maintaining online long-distance relationships for two-plus years due to the pandemic can finally meet in person.
Defining a partner relationship
A partner relationship in Australia includes:marriage and de facto relationships (co-habitation). Relationship evidence must demonstrate that the relationship is genuine and ongoing.
Registered marriage:Marriage can be registered within Australia or in another country.
De facto relationships (co-habitation) generally fall into two categories:One is co-habitation for more than one year; the other is co-habitation for less than one year, accompanied by a registered de facto certificate. The name for this certificate varies by state — for example, in Queensland it is called a civil partnership, and in New South Wales it is called a relationship certificate. One important exception is the Northern Territory: residents of the Northern Territory can only have their partner relationship recognised through registered marriage — a de facto certificate is not available there.
Important note:The relationship must be exclusive — open relationships are not accepted.
Relationship evidence
To demonstrate that a relationship is genuine and ongoing, evidence across the following key categories is required.
All core categories must be represented, though not every individual document within each category needs to be provided
Financial responsibilities and commitments — Finances
This can include:
— shared daily expenses, joint assets, and joint loans/joint liability
— jointly owned major assets (such as a vehicle or property) or joint loans
— legally binding arrangements made in both partners’ names
— a joint bank account held with your partner (which must have been in active use for a period of time)
— shared day-to-day living expenses (utilities, internet, etc.)
Commitment to the relationship — Commitment
This can include:
— knowledge of each other (such as familiarity with each other’s personal background and family composition)
— a genuine intention to continue the relationship (for example, the extent to which both parties have built shared interests and a life together)
— letters or communication records demonstrating that both parties maintained the relationship during periods of separation (for long-distance relationships with limited correspondence, flight tickets showing visits to each other’s city are also acceptable)
Shared household responsibilities — The Household
This can include:
— cohabitation agreement
— a detailed statement of shared household responsibilities
— joint ownership or shared leasing rights over a property
— shared utility accounts (electricity, gas, water, internet, telephone, etc.)
— bills showing shared day-to-day living expenses
— joint responsibility for the care and upbringing of children
— correspondence addressed to both partners at the same address
Social recognition of the relationship — Social Matters
This can include:
— evidence of the couple being recognised as partners in social settings (joint invitations received as a couple, mutual friends, and shared travel or social experiences with others)
— statutory declarations made by both parties to a government body, financial institution, or public authority
— joint membership of an organisation or community group
— evidence of shared travel, sporting, cultural, or social activities
— statements from parents, relatives, or friends of both parties provided in the relationship declaration [Form 888] confirming or acknowledging the relationship
Important note:
Providing only a Form 888 relationship declaration will be considered insufficient evidence of external social recognition.
Form 888 must be signed by two friends who hold Australian PR or citizenship. The signatories must have personal knowledge of how the relationship has developed and must themselves be Australian permanent residents or citizens.
Other — relationship history statement
— the time, place, and circumstances in which you met
— how the relationship developed over time
— when you decided to get married or commence a de facto relationship
— living arrangements (how both parties support each other financially, practically, and emotionally, and since when this support began)
— all periods of separation: why you were apart, when, for how long, and how both parties maintained the relationship during that time)
— shared plans for the future
If you have any questions about preparing your partner relationship evidence,
feel free to contact our team via the customer service link below~
Top 5 Questions on Partner Migration
Q1: Can a de facto relationship be used to apply for an Australian partner visa?
A: Yes, absolutely.
Q2: What is a “de facto relationship” in Australia?
A: Under section 4AA of the Family Law Act 1975, a “de facto relationship” is one in which two people live together but are not legally married and are not related by family (including by adoption), and where, having regard to all relevant factors prescribed by law, it is determined that they are living together on a genuine domestic basis.
The Department of Home Affairs does not apply a one-size-fits-all approach when assessing de facto relationships — its determination varies depending on the specific evidence submitted. As previously noted in our Newstars advice column, in addition to the more familiar category requiring 12 months of co-habitation evidence and other steps, there is another recognised category: “registered de facto relationship”.
Q3: What is a “registered de facto relationship”?
A: A Registered De Facto Relationship is a widely used arrangement in Western societies, favoured by couples who wish to live together and receive both public and official recognition of their relationship without being bound by marriage. They register their relationship with the local Births, Deaths and Marriages (BDM) registry. A registered de facto certificate carries equal status to a marriage certificate — and when applying for any partner-related visa, holding either a marriage certificate or a registered de facto certificate exempts you from the cumbersome requirement of providing 12 months of co-habitation evidence!
Q4: Can you still apply if the de facto relationship is less than 12 months?
This is a common misconception that has caused many clients to miss out on migration opportunities. If the co-habitation period is less than 12 months, simply registering the de facto relationship will also satisfy the eligibility requirements.
However, the process for registering a de facto relationship varies from state to state.
Using NSW as an example, the general steps for registering a de facto relationship are:
– Complete the NSW registration of relationship application form;
– After booking an appointment at the NSW Registry of Births, Deaths & Marriages, both parties attend in person with the completed application form and supporting documents to finalise the registration;
– Neither party withdraws the submitted registration application during the 28-day consideration period.
If you are interested in the registration process for other states, please contact us via WeChat for a detailed consultation.
Q5: What are the eligibility requirements for both parties when submitting a de facto relationship registration?
Under section 4AA of the Family Law Act 1975, both parties submitting a de facto relationship registration must satisfy the following substantive requirements:
At least one party resides in New South Wales;
Both parties are aged 18 or over;
Neither party is in a registered marriage, whether with each other or with any other person;
Neither party has a subsisting and effective marriage with another person in any other Australian state;
The two parties are not related by family;
Having regard to all relevant substantive factors, it can be determined that both parties are in a genuine relationship and are living together as partners.
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