Graham-Nguyen & Associates

The fiancé visa allows someone who is engaged to an Australian citizen to travel to Australia for a maximum of nine months in order to get married. After the marriage has taken place they can apply for a two year spouse visa in Australia, which is followed by a permanent visa two years later.

A fiancé visa takes approximately six months to be decided once the application is lodged at the Australian Embassy or Consulate.  The process usually involves a one hour interview and each applicant must complete a medical check.

To be eligible for a fiancé visa you must be able to demonstrate that you:

        ·        Personally know your Australian partner ie have physically met them in person.

·        Intend to enter into a marriage valid under Australian law within nine months of arriving in Australia

·        That here are no impediments to the marriage taking place (ie you and/or your Australian partner are still legally                  married to another person)

You must also meet certain character requirements and take a physical examination and X-ray to satisfy health requirements in order to meet the visa criteria.

Applicants applying from outside Australia must also be outside of Australia at the time the visa is granted.  It is possible to arrange a short stay tourist visa in order to travel to Australia while your application for a fiancé visa is being considered. 

A fiance visa takes approximately six months to be decided once the application is lodged at the Australian Embassy or Consulate.  The process usually involves a one hour interview and each applicant must complete a medical check. 

Once you are legally married in Australia you can apply for a two year spouse visa followed by an application for permanent residency.  A holder of a fiancé visa should see their spouse visa decided much faster than if applied for off shore.  While you are awaiting a decision on your spouse visa application, you will be granted a bridging visa, which allows you to continue to reside and work in Australia. 

AUSTRALIAN FIANCE VISA ENTITLEMENTS

As the fiancé visa is a temporary visa you will be considered a temporary resident of Australia and, in general, will not have access to Medicare (government subsidised health care).  However, citizens of countries that have a reciprocal heath care agreement (RHCA) with Australia are entitled to emergency health care in Australia.  This care does not extend to preexisting medical conditions. 

RHCA countries include Finland, Italy, Malta, the Netherlands, Sweden and the United Kingdom.

As holder of a fiancé visa, you will have full work rights in Australia. Temporary residents in Australia are required to pay taxes on income earned, and they cannot access social welfare benefits.

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