If you are a temporary visa holder, then it may be possible to add your spouse or de facto partner as a secondary applicant, depending on the circumstances and the specific visa type. This type of application is referred to as a subsequent entrant application and is for family members of certain temporary visa holders who are applying separately for the visa and would like to join the primary visa holder in Australia.
Add or Include partner to Australian visa application
Your partner can be inside or outside of Australia when applying for the visa, noting that travel restrictions still apply to temporary visa holders entering Australia.
Eligible visas
You can generally add your partner to the following visa types:
- Student (subclass 500) Visa
- Temporary Graduate (subclass 485) Visa
- Temporary Skill Shortage (subclass 482) Visa
- Skilled Regional (subclass 491 and 494) Visas
- Business Innovation and Investment (subclass 188) Visa
- Temporary Work and Activity (subclass 403, 407 and 408) Visas
Each of the above will require an online subsequent entrant application with all supporting documents and information to be provided at the time of lodgement. Once added, you and your partner’s visas will have the same expiry date. For employer sponsored visas, the sponsoring employer of the primary visa holder must agree in writing to include your partner in the nomination.
You must generally hold a substantive visa or a bridging visa A, bridging visa B or a bridging visa C to make a valid subsequent entrant application. You will not be able to make this application if you are affected by what is referred to as the ‘section 48 bar’, that is, you are in Australia, your substantive visa has either been refused or cancelled and you do not currently hold a substantive visa.
You can Add or Include partner to 500 visa
Partners can be included in student visa applications or added as subsequent entrants later.
Applicants must be married, have registered their relationship or be able to show at least a year’s worth of de facto visa evidence.
You can Add or Include partner to 485 visa
A partner can apply to be added to a 485 visa by lodging a subsequent entrant application.
Couples must either be married, have registered a relationship or have been cohabiting for 12 months. It is not enough to be simply engaged.
If you want to add a partner to a pending visa application or lodge a subsequent entrant application, contact us today for a free eligibility check.
Conditions of adding partner to my Australian Visa application
Your partner will not always have the same work rights as the primary visa holder as it depends on the particular subclass of visa for which you have applied. For example, a secondary applicant for a Training (subclass 407) visa has limited work rights of 40 hours per fortnight whereas a secondary applicant for a subclass 482 visa will have unlimited work rights. For primary student visa holders who are studying a masters degree by research or a PhD, then both the primary visa holder and the secondary applicant will have unlimited work rights.
Generally, if you have applied for a regional visa such as a subclass 491 or 494 visa, you will have unlimited work rights while on the associated bridging visa. Once granted a 491 or a 494 visa, you will also be eligible to enrol in Medicare.
Relationship evidence for including partners in Visa application
In order to add your partner to your visa as a subsequent entrant, you must sufficiently establish your relationship to the Department. If you are married, you will only need to provide your marriage certificate in support of your relationship. For de facto relationships, you should aim to substantiate at least 12 months of your relationship and demonstrate the various aspects of your relationship such as financial, household, social and your commitment to one another.
It is possible to add your spouse or de facto partner to your temporary visa, but it will also depend on factors such as whether you have previously declared the relationship to the Department and the specific visa of the primary visa holder. Fore more information on this process, contact No Borders Law Group for a free initial assessment with one of our migration lawyers.
Need help with your Visa?
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We will help you exploring visa options and securing application. No Borders Law Group is experienced in the migration and Australian visa application, and our migration agents and lawyers have extensive knowledge in the legal requirements, eligibility criteria, and the supporting documents required.
Simply dial 07 3876 4000 or email:[email protected]and let us help you start with your way towards obtaining an Australian visa.