Spousal Visa Applications for

Vietnamese Nationals Married to Australian Nationals

Introduction

Australia remains one of the most sought-after destinations for Vietnamese nationals wishing to join their Australian spouses through a spousal visa. Navigating the visa process can be complex, as it involves numerous legal, financial, and procedural steps. PTB’s expert team is here to guide you through every stage of your application, ensuring that your journey to reunite with your spouse in Australia is as smooth and stress-free as possible.

This guide will walk you through all aspects of the Australian Partner Visa process for Vietnamese nationals, covering eligibility criteria, required documents, processing times, fees, common pitfalls, and other essential details to maximize the chances of approval.

Types of Spousal/Partner Visas

Australia offers several types of visas for partners of Australian citizens, permanent residents, or eligible New Zealand citizens. The most commonly used visas for a Vietnamese national married to an Australian national include:

  • Subclass 820/801 – Partner Visa (Onshore)
  • Subclass 309/100 – Partner Visa (Offshore)

Both visas offer a pathway to permanent residency, but they have different application processes depending on whether the Vietnamese spouse is inside or outside Australia at the time of application.


1. Overview of the Australian Spousal Visa

1.1 What is a Spousal Visa?

The spousal visa (or partner visa) allows the Vietnamese spouse of an Australian citizen or permanent resident to enter and live in Australia. The applicant is initially granted a temporary visa (either Subclass 820 or 309), which allows them to live in Australia while the permanent visa is being processed.

Once the temporary visa is granted, the applicant can stay in Australia with their spouse, and after two years of the relationship continuing, they may be eligible for the permanent partner visa (Subclass 801 or 100).

1.2 Who is Eligible?

To be eligible for a partner visa, both the applicant and the sponsor must meet the following criteria:

  • The sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen.
  • The applicant must be legally married to their Australian spouse, and the marriage must be legally recognized in Australia and Vietnam.
  • The couple must provide evidence of a genuine and ongoing relationship.
  • The applicant must meet health and character requirements as part of the Australian visa process.

2. Step-by-Step Guide to Applying for a Spousal Visa

2.1 Step 1: Choose the Right Visa

Vietnamese nationals wishing to apply for a partner visa will need to determine whether they should apply for the onshore or offshore visa. The Subclass 820/801 visa is applied for within Australia, while the Subclass 309/100 is for applicants outside Australia, such as in Vietnam.

  • Onshore Visa (Subclass 820/801): If the Vietnamese spouse is already in Australia on a valid visa and wants to stay permanently, this option allows them to lodge their application without leaving the country. However, the applicant must be in Australia when both the temporary (Subclass 820) and permanent (Subclass 801) visas are granted.

  • Offshore Visa (Subclass 309/100): If the Vietnamese spouse is outside Australia (i.e., still living in Vietnam), this is the appropriate visa. The applicant will need to wait for the visa to be granted before entering Australia. For this option, the applicant must be outside of Australia when the temporary (Subclass 309) visa is granted.

2.2 Step 2: Collect Required Documentation

Visa applications require extensive supporting documents to prove the legitimacy of the relationship. The following are the main categories of documents needed:

2.2.1 Identity and Relationship Documentation

  • Passports: The applicant must provide a certified copy of their valid passport. The Australian sponsor will also need to provide certified copies of their passport.
  • Marriage Certificate: The marriage certificate must be certified and translated into English if issued in Vietnamese. This is crucial for establishing that the marriage is legally recognized in both countries.
  • Birth Certificates: Certified copies of birth certificates for both the applicant and sponsor.
  • Evidence of Previous Relationships: If either party was previously married, evidence of the end of the marriage (divorce certificate) must be submitted.

2.2.2 Evidence of Genuine Relationship

The immigration authorities will closely assess whether the relationship is genuine and ongoing. The following types of evidence should be included:

  • Joint financial accounts: Proof of shared bank accounts, investments, and any major purchases made together.
  • Household arrangements: Lease or ownership documents of shared properties or accommodation agreements.
  • Correspondence: Emails, letters, and messages exchanged between the couple.
  • Photos: Photos of the couple together in various situations, including family gatherings, holidays, or significant events.
  • Statutory Declarations: Written declarations from friends and family attesting to the genuine nature of the relationship.

2.3 Step 3: Submit Application Online

Applications for partner visas are completed online via ImmiAccount, which is the Department of Home Affairs’ online portal for visa applications.

The sponsor must also complete a separate sponsorship application, which is also submitted online through the sponsor’s ImmiAccount.


3. Processing Times and Fees

3.1 Processing Times

The processing times for partner visas can vary significantly depending on the caseload of the Department of Home Affairs and whether the applicant is applying onshore or offshore.

  • Temporary Partner Visa (Subclass 820/309):
    Processing times for the temporary visa can range from 12 to 24 months, depending on the complexity of the application.

  • Permanent Partner Visa (Subclass 801/100):
    The permanent visa is generally processed 2 years after the temporary visa is granted, provided the relationship is still ongoing.

3.2 Fees

The fees for the partner visa applications can be considerable, and additional costs may be incurred for medical checks, police clearances, and document translations.

  • Base Visa Application Fee: The application fee for the partner visa is AUD $8,085 (as of 2024). This covers both the temporary and permanent partner visa applications.
  • Additional Fees:
    • Medical examinations: Vary between AUD $300-$500 depending on the provider.
    • Police checks: Fees depend on the country but generally range from AUD $150-$300.
    • Translations: If documents are in Vietnamese, certified translations into English will be required, and these can cost around AUD $100-$200 per document.

4. Health and Character Requirements

As part of the visa process, the applicant must undergo health and character checks to ensure they meet Australia’s entry requirements.

4.1 Health Check

Applicants will need to complete a medical examination by an approved panel doctor. This typically includes:

  • Chest x-ray
  • Blood tests (if required)
  • General physical examination

Medical conditions that may result in visa denial include contagious diseases or conditions that would burden the Australian healthcare system.

4.2 Character Check

All applicants aged 16 or older must provide a police clearance certificate from every country they have lived in for more than 12 months in the past 10 years. This applies to both the applicant and their Australian sponsor.


5. Common Pitfalls and Mistakes

Many partner visa applications are delayed or refused due to common mistakes. Avoiding these errors can significantly improve the chances of a smooth process.

5.1 Insufficient Evidence of Relationship

One of the most frequent reasons for refusal is a lack of convincing evidence that the relationship is genuine and ongoing. Visa officers will want to see that the relationship has a solid foundation.

5.2 Incorrect Documentation

All documents must be correctly certified and, where necessary, translated into English by a certified translator. Failing to do so can result in delays.


6. Appealing a Refusal

If the application is refused, the applicant has the option to appeal the decision at the Administrative Appeals Tribunal (AAT). The appeal process can be lengthy, but it allows the applicant to present new evidence or correct errors that were made during the initial application.


7. PTB Services and How We Can Help

At PTB, we provide expert guidance throughout the entire visa application process, from preparing documents to communicating with immigration authorities. Our team understands the complexities of partner visa applications and offers tailored support to maximize your chances of approval.

  • Comprehensive Document Assistance
  • Professional Relationship Evidence Compilation
  • Translations and Certifications
  • Appeal Process Support

Our service fees for partner visa services starts at AUD $10,000 + Tax or 170,000,000 VND inclusive of Tax with no hidden charges. Fees are paid in advance 


8. Contact Us

If you’re ready to apply for a partner visa or need assistance with your application, contact PTB today. Our experienced consultants will provide the help you need to successfully navigate the visa application process and reunite with your spouse in Australia.


This outline covers the initial framework of the spousal visa process for Vietnamese nationals married to Australian citizens. You can expand each section further with more detailed explanations, FAQs, and specific case examples to meet the desired word count.