Spouse Visa – Genuine intention to marry and live together as spouses

Publish Date: Oct 08, 2013

The Department of Immigration and Citizenship offers a range of visas for partners or fiancés of Australian citizens, Australian permanent residents or eligible New Zealand citizens to apply to enter Australia.

One of these is the Prospective Marriage – Temporary (Class TO, Subclass 300) visa. This visa allows an applicant overseas to enter Australia and marry their fiancé within nine months of being granted the visa.

The recent case of 1210015 [2013] of the Migration Review Tribunal demonstrates the application of some of the criteria that an applicant would need to satisfy in order to be granted a spouse visa. The criteria at issue in this case were whether the parties genuinely intended to marry and genuinely intend to live together as spouses.

Notably, the Tribunal found that the parties’ intention to live together as spouses was established by both the financial aspects of the parties’ relationship, as well as social aspects of their relationship. In this case, the Tribunal considered that applicant’s fiancé had provided the applicant with financial support, and that evidence of the financial aspects of the relationship between the parties at the time of application demonstrated the relationship was genuine and continuing.

Furthermore, while the Tribunal was satisfied that the parties had not established a household at the time of application, it was satisfied that the parties genuinely intended to live together as spouses. The Tribunal considered evidence that the parties intended to live together in the applicant’s fiancé’s house, to share responsibilities within the house, and that the applicant intended to assume responsibility for most of the domestic chores.

Interestingly, the applicant’s fiancé gave evidence that his family had disapproved of his choice of fiancée, the Tribunal found that it was still evident that the applicant’s fiancé had presented himself and his fiancée to his family as intending to marry his fiancée and live together with her as his wife. In coming to its decision, the Tribunal placed great weight on the evidence of the applicant’s fiancé that he was prepared to lose the support and relationships with his immediate family in order to continue his relationship with the applicant.

The Tribunal was ultimately satisfied that the applicant met the criteria at issue in the case.

Australian Immigration law is highly technical and applicants for the various classes of visas, including spouse visas, which may be available for entry into Australia, require skilful representation.  If you are seeking an Australian immigration lawyer please phone Craddock Murray Neumann Lawyers on +61 2 8268 4000.  We can outline our fees and the services that we can provide for you.

Let us help you. Phone: +61 2 8268 4000 or Book a conference