Adding My Partner to My Student Visa

As of 2024, applicants must demonstrate access to AUD 23,630 per year for their partner's living costs, on top of their own financial requirements. Partner visas are linked to the student's visa and come with specific work and study restrictions. Maintaining compliance with visa conditions, such as keeping adequate health insurance and reporting relationship changes, is essential. While bringing a partner to Australia offers valuable support and shared experiences, it also involves navigating cultural and financial challenges together, making it a significant decision for international students.

Understanding Student Visa Dependents: Who Qualifies?

The Australian Department of Home Affairs considers the following as 'family members' eligible for dependent visas:

• Your spouse (married partner)
• Your de facto partner (including same-sex partners)

It's important to note that all members of your family unit must be declared on your initial student visa application, even if they don't plan to join you immediately. This early declaration allows them to join you later.

Eligibility Criteria for Adding a Partner to Your Student Visa

To be eligible to add your partner to your student visa, you need to meet several criteria:

1. Your partner must be 18 years or older.
2. You must be in a genuine and continuing relationship, either married or de facto.
3. For de facto relationships, you typically need to prove you've been in the relationship for at least 12 months before applying.

If you're in a de facto relationship but haven't lived together for 12 months, some states and territories in Australia allow you to register your relationship, which can waive the 12-month requirement.

The Application Process: Before and After Your Visa Grant

The process for adding your partner differs slightly depending on when you apply:

1. Before Your Visa Grant: If you're still in the process of applying for your student visa, you can include your partner in your initial application.
2. After Your Visa Grant: If you've already been granted your visa, your partner can apply for a Student Visa (Subclass 500) as a 'subsequent entrant'.

Proving Your Relationship: Required Documentation and Evidence

Proving the genuineness of your relationship is crucial. You'll need to provide evidence such as:

• Marriage certificate (for married couples)
• Joint bank account statements
• Shared lease agreements
• Photographs together
• Travel history as a couple
• Statutory declarations from friends and family
• Your own statutory declaration on the relationship

For de facto partners, you may need to provide more extensive evidence to demonstrate your commitment to a shared life.

Financial Considerations: Can You Afford to Bring Your Partner?

Adding a partner to your visa comes with additional financial responsibilities. You'll need to demonstrate that you have:

• Sufficient funds to cover living costs for both of you - as of October 2024, the Department of Home Affairs requires evidence of at least AUD 10,394 per year for your partner who is joining you for 12 months or more.
• Enough money to pay for any remaining course fees
• Adequate Overseas Student Health Cover (OSHC) that includes your partner

Work Rights for Partners on a Dependent Visa

One of the benefits of bringing your partner to Australia is that they may be eligible to work. Work rights for partners depend on the primary student's course of study:

• If you're studying a bachelor's degree or below, your partner can work up to 48 hours per fortnight.
• If you're studying a master's (by research) or doctoral degree, your partner may be allowed to work unlimited hours.

Considerations for Couples with Children

If you have children, they can be included in your visa application as dependents if they're under 18 and unmarried. Keep in mind:

• School-aged children will need to attend school in Australia, which may incur additional costs.
• For younger children, you'll need to consider childcare options, which can be in high demand in some areas.

Visa Conditions and Restrictions for Partners

After your partner's visa is granted, they will be subject to certain conditions and restrictions. Understanding these is crucial for compliance and a smooth stay in Australia:

Visa Validity

Your partner's visa will be linked to your student visa. It will have the same expiry date as your visa.

Study Restrictions

Partners on a dependent visa are typically allowed to study in Australia, but are limited to completing courses that are less than three months in duration. If they wish to undertake a longer course, they would need to apply for their own student visa.

Travel Rights

Your partner can travel in and out of Australia as many times as they wish while their visa is valid. However, they should not arrive in Australia before you do.

Visa Condition 8104

This condition may be imposed, limiting the number of hours your partner can work. The specific work rights depend on your course of study, as mentioned in the previous section.

Visa Condition 8501

Your partner must maintain adequate health insurance for the duration of their stay in Australia. This is typically covered by including them in your Overseas Student Health Cover (OSHC).

Visa Condition 8516

Your partner must continue to be a member of your family unit. If your relationship ends, you must inform the Department of Home Affairs immediately.

Visa Condition 8517

Your partner must not engage in activities that could endanger or threaten any individual or group in the Australian community or a segment of the Australian community.

Changing Visas

If your partner decides to study a full-time course longer than three months, they will need to apply for their own student visa. They may be able to do this while in Australia, depending on their circumstances.

Visa Cancellation

Be aware that if your student visa is cancelled for any reason, your partner's visa will also be cancelled automatically.

It's important to note that visa conditions can change, and some conditions may be specific to individual cases. Always refer to the visa grant notice for the most accurate and up-to-date conditions applying to your partner's visa.

The content on this page does not constitute legal or immigration advice. Australian immigration doesn't have to be complex and we can help with your unique circumstances. To seek legal advice for information that is specific to your situation, please contact us.