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Guidance for International Students on Marriage and Dependent Visa Applications in Australia
Hello everyone,
My partner and I are currently international students in Perth, Western Australia, and we’re seeking expert guidance on the various visa options available to us as we plan to tie the knot later this year.
Here’s a brief overview of our situation:
- Both of us are enrolled in our studies, and my partner intends to apply for another student visa soon, this time as my spouse and dependent.
- She will be pursuing a Diploma of Nursing, which serves as a pathway to qualify as an Enrolled Nurse in Australia.
We are eager to understand the visa application process and the necessary steps we must take. Our specific questions include:
- Once we get married, can my partner apply for a student visa as my dependent while we are both onshore in Australia?
- What potential challenges or considerations should we be aware of when applying for this type of dependent student visa?
- Is there a minimum duration that we should be married before we can submit her visa application?
After completing the Diploma of Nursing, she plans to apply for a 491 visa, designating her occupation as an Enrolled Nurse with me listed as her dependent.
- Is this pathway a feasible option for us?
- As her dependent, is it essential for me to have an occupation listed on the skilled occupation list? Will I need to undergo a skills assessment?
Alternatively, would it be more beneficial for me to pursue another student visa for a Diploma of Community Health Services, allowing us both to have individual pathways?
We are open to postponing our wedding if this option proves to be more advantageous.
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1 Reply
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Hi James and welcome to the Oz Visa Forum community. 👋🏻🙂
Some great questions there so I’ll break down your queries step by step.
Applying for a Student Visa (Subclass 500) as a Dependent Spouse
Once you are legally married, your partner can apply for a student visa as your dependent while onshore in Australia.
However, you must demonstrate a genuine and ongoing relationship, meaning marriage alone is not enough. Evidence such as joint financial commitments, shared living arrangements, and a history of the relationship will strengthen the application.
There is no official minimum marriage duration required, but a longer and well-documented relationship can help establish its authenticity.
Challenges to Consider
If your partner is applying as a dependent spouse, she will need to show that she meets the financial requirements.
You must prove that your relationship is genuine and continuing, which may involve providing documents like joint bank statements, lease agreements, and photos.
If her current student visa conditions include ‘No Further Stay’ (Condition 8534 or 8503), she may not be able to apply for a dependent visa onshore and would have to lodge from offshore.
Pathway to the Skilled Regional Visa (Subclass 491)
After completing the Diploma of Nursing, she may qualify as an Enrolled Nurse (ANZSCO 411411), which is on the Regional Occupation List (ROL), making her eligible for the 491 visa.
This is a viable pathway, but it will require state or territory nomination, and each region has different requirements for nomination.
As her dependent on a 491 visa, you do not necessarily need to be on the Skilled Occupation List, nor do you need a skills assessment. However, if you have skills in a high-demand occupation, it may improve your PR prospects in the long run.
Alternative Option: Pursuing Separate Student Visas
If you both pursue separate student visas, you will have independent options for post-study migration.
A Diploma of Community Health Services could lead to pathways in social work, aged care, or community services, which are in demand.
However, maintaining two student visas will mean higher tuition costs and financial proof requirements.
Recommendation
If your partner’s main goal is to obtain PR as an Enrolled Nurse, applying as a dependent spouse on your student visa is a reasonable option. The 491 visa pathway is feasible, provided she secures state nomination.
If you want flexibility for both of you in the future, pursuing separate student visas might provide more opportunities.
This is a complex case so I’d also recommend reaching out to a registered migration agent who will also be able to provide you more personalised 1:1 feedback
However, if you have any more general questions, please feel free to let me know how I can help further!
Regards
Mark
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