100 - Spouse Visa

This visa is for you if you want to enter Australia on the basis of your relationship with your partner. Your partner must be one of the following:

  • an Australian citizen
  • an Australian permanent resident
  • an eligible New Zealand citizen.

Married Spouse

Your marriage must be legal under Australian Law. If you were married in a country other than Australia and that marriage is valid in that country, generally it will be recognised as valid under Australian law.



You and your partner must show a mutual commitment to a shared life as husband and wife to the exclusion of all others. You and your partner must be living together or, if not, any separation must be only temporary. You must also have a genuine and continuing relationship with your partner.



De-facto Spouse (opposite sex, unmarried) and Interdependent (same-sex, unmarried)



You and your partner must have been in a de-facto spouse or interdependent relationship for the entire 12 months immediately prior to lodging your application. The 12-month relationship requirement may be waived if one of the following situations applies:

  • you can demonstrate compelling and compassionate circumstances, such as if you have children with your partner.

  • in the case of an interdependent relationship, where cohabitation was contrary to law in the applicant's country of residence.

You and your partner must show a mutual commitment to a shared life to the exclusion of all others. You and your partner must be living together or, if not, any separation must be only temporary. You must also have a genuine and continuing relationship with your partner.



In assessing a claimed de-facto or interdependent relationship, the department usually looks at evidence of things such as:

  • living together full-time

  • sharing important financial and social commitments

  • setting up a household separately from other people

  • how, when and where you first met

  • how your relationship developed

  • when you decided to marry or to start a de facto spouse or interdependent relationship

  • your domestic arrangements (how you support each other financially, physically and emotionally and when this level of commitment began)

  • any periods of separation (when and why the separation occurred, for how long and how you maintained your relationship during the period of separation)

  • your future plans.

The information below gives a summary of what you can do in Australia if you have a temporary or permanent Spouse visa:

  • you are permitted to enter or remain permanently in Australia with your spouse
  • you are entitled to work and study in Australia
  • you may enrol in Australia's medical benefits expenses and hospital care scheme, Medicare.
    See: Medicare
  • you may be eligible to receive certain social security payments (as you are exempt from the two year Newly Arrived Residents Waiting Period)
    See: Centrelink
  • you may be eligible to apply for Australian citizenship (subject to the residency eligibility criteria)
  • you are permitted to enter or remain in Australia with your spouse.