Last month we discussed the very basics of Spouse Visas. The primary requirement for any Spouse Visa is that the couple are in a genuine and continuing relationship to the exclusion of all others.

This month we will address how Spouse Visas work with regards to temporary/permanent residency. In addition, we will address how Interdependent partners are viewed in Migration Law. We will not only see how they fit into the category of Spouse Visas but also how they are recognised in other visas.

Under Australian Immigration Law there are a range of visas which facilitate the migration of ‘spouses’ of Australian permanent residents/citizens. Under the category ‘Spouse Visas’ exists 3 different type of visas:-

1. Spouse Visa
   When the sponsor (the Australian permanent resident or citizen) is married to an overseas national.
2. Prospective Spouse Visa
   When the sponsor (the Australian permanent resident or citizen) is engaged to an overseas national.
3. Defacto Visa
   When the sponsor (the Australian permanent resident or citizen) and overseas national have been in a defacto relationship for minimum 12 months

Although there are slight differences amongst the three different types of visas there is an underlying requirement in each and that is that there is a genuine and continuing relationship between the sponsor and visa applicant to the exclusion of all others.