The Australia Spouse visa (which is sometimes known as the Australia Marriage visa), Australia Prospective Spouse visa and the Australia Partner visa are this companies most processed applications. Most clients seeking assistance from us with the Australian Spouse visa, Australian Prospective Spouse visa or the Australian Partner visa are located in the USA, Canada, South America and European countries. We have also successfully processed application from other countries via the use of modern internet and telephone communication.

The Australian spouse visa and the Australian Partner visa are normally issued as a two year temporary visa which can later be converted to a permanent residency Spouse visa or Partner visa. This conversion to the Spouse permanent resident visa or Partner permanent residency visa can only take place if visa conditions have been met whilst the applicant held the temporary Spouse or Partner visa. The Australia Partner visa is issued to same sex relationships.

The Australia Prospective Spouse visa, a different type of visa to the Australia Partner visa and the Australia Spouse visa, allows the sponsored applicant to move to Australia within 9 months of the marriage date. The prospective bride or groom, once the marriage has taken place, must apply for an Australia Spouse visa in a seperate Spouse visa process.

In certain situations the Australia Partner and the Australia Spouse visa applications will be granted permanent residency on application approval. Applications where this occurs are assessed on a case by case basis and depend a great deal on the evidence submitted with the application.

There are two parts to any application. With the Australia Spouse visa, Australia Prospective Spouse visa and the Australia Partner visa the sponsor, who must be either an Australian citizen or an Australian permanent resident usually resident in Australia, submits an application and makes certain undertakings that include providing accommodation and financial support.

The non Australian applicant must also submit an application. This application will cover details which describe the applicant and their situation. Some issues that need to be covered in the application are listed as follows:

• a mutual commitment to maintain the relationship
• genuine and continuous relationship
• an intention to live together
• a clear Police clearance
• not have a health issue that will fail the application

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At this present time there are no limitations to the grant numbers for the Australia Partner visa, Australia Spouse visa or the Australia Prospective Spouse visa.

Applications for some of the visas may be made either in Australia or overseas. However please be advised; for applications submitted in Australia there are restrictions on who can and cannot apply. For Australia submitted applications there may be a need for submissions to obtain a waiver of visa requirements. These waiver submissions are difficult.

All applications submitted in Australia or overseas in the United States, South America or Canada for the Australian Spouse visa, Australian Prospective Spouse visa or Australian Partner visa must have acceptable arrangements for financial sponsorship. As a general rule applicants, once resident in Australia, are excluded from receiving benefits such as social security payments for a period of 2 years from their date of arrival in Australia. Sponsors should realize that by sponsoring the applicant they may have to support the applicant financially for some time. This financial part of the sponsorship can come from some other individual such as a relative. The financial sponsorship does not necessary have to come from the applicants partner, spouse or prospective groom or bride.

Policy and legislation determines the evidence needed in any application. This legislation and policy for the Australia Partner visa, Australia Spouse visa and the Australia Prospective Spouse visa can at times be complex and require qualified advice. When issues or evidence are not completely covered in any application, there may be delays in processing or the application may fail. In the worse case situation of the application being rejected, there are certain appeal processes available. The emotional and legal issues associated with the Australia Spouse visa, Australia Prospective Spouse visa and the Australia Partner visa are unique in every situation. Seeking advice early can assist in identifying and perhaps resolving these issues.

Potential applicants are advised to contact Noel Hewitt Associates LLC concerning any issue that may impact on their application. In past applications processed by this company, these issues are mostly evidentiary requirements showing the strength of the relationship, Police clearances, health issues or processing issues. From our experience we can assess the 'strength' of any application and identify possible alternative options. Delays in processing occur where issues concerning any application are not identified at an early stage. It is in everyone's interest that issues be identified at an early stage so that if it is possible to obtain a visa, these issues can be addressed by policy and legislation and there will not be processing delays.

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