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As Australia's largest independent migration law firm, our team of qualified partner visa lawyers have successfully secured permanent visas for countless clients, including several in complex, fraught circumstances.
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3-6 months instalment options are available on some visa types.
Understanding each type of Australian partner visa, from temporary to permanent pathways, and their specific requirements is crucial. This guide provides a clear overview of the key visas, including who they are for, eligibility criteria, and what you need to know about applying. Whether you're planning to marry or are already in a committed relationship, our partner visa lawyers will find an option that suits your situation.
The partner visa subclass 820 and 801 is for those in a committed relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen, allowing them to live in Australia. It starts with the temporary partner visa (820) and progresses to the permanent visa (801).
The prospective marriage visa is for individuals planning to marry their Australian partner, allowing entry to Australia before the wedding.
The 309/100 partner visa is for a spouse or de facto partner of Australian citizens, permanent residents, or eligible New Zealand citizens applying from outside Australia. It begins with the temporary 309 visa and leads to the permanent 100 visa.
This provision allows those experiencing family violence to still qualify for a partner visa even if the relationship ends, protecting vulnerable individuals.
The Schedule 3 criteria apply to partner visa applicants who are unlawfully in Australia or on a bridging visa after a period of unlawful status. This additional set of requirements must be met to ensure that the applicant can apply for a partner visa despite their previous visa status issues.
Determining your eligibility for a partner visa is the first step towards joining your loved one in Australia. To make this process easier, we've created a simple questionnaire that will help you understand which partner visa might be right for you. By answering a few quick questions, you can get a clearer idea of your options and the steps you need to take next.
To apply for a partner visa, you must meet certain key requirements to demonstrate the validity of your relationship, your personal health standards, financial stability, and sponsorship eligibility. For more information on when you can apply for a partner visa, it’s important to understand these requirements thoroughly. By law, decision makers when granting a visa are required to take into account four main factors.
Joint financial management
Evidence of shared financial responsibilities, such as joint bank accounts, demonstrates the partnership's financial interdependence.
Shared financial goals
Applicants should show they have aligned financial goals, like saving for a home or planning joint investments.
Financial support
Documentation of one partner financially supporting the other, if applicable, indicates a genuine partnership.
Shared expenses
Proof of shared expenses, like utility bills or rent, supports the evidence of financial cooperation.
Asset ownership
Evidence of jointly owned assets, such as a car or property, can strengthen the application by showing shared financial investment.
Shared residence
Proof of living together, such as lease agreements or utility bills, confirms the cohabitation aspect of the relationship.
Household duties
Evidence of shared household responsibilities, like grocery shopping or chores, indicates a genuine living arrangement.
Joint household management
Documentation showing joint decisions on household management, such as home improvements, reflects partnership in daily life.
Household membership
Acknowledgment by third parties of both partners as members of the same household adds credibility to the living arrangement.
Living arrangements
Consistent living arrangements over time, with evidence like dated mail, support the application by showing stability.
Social recognition
Statements from friends and family confirming the relationship can help validate the social aspect of the partnership.
Shared social activities
Proof of participation in social activities together, such as attending events or travelling, shows a genuine bond.
Mutual friends
Having a shared social circle, evidenced by joint social media connections or group photos, demonstrates social integration.
Public recognition
Evidence of public acknowledgment of the relationship, like being introduced as a couple in social settings, supports the application.
Social media presence
Joint social media presence or shared posts about significant life events can reinforce the social legitimacy of the relationship.
Future planning
Documentation of future plans together, such as travel itineraries or financial planning, reflects long-term commitment.
Emotional support
Evidence of emotional support, like personal correspondence or messages, demonstrates the emotional connection.
Long-term intentions
Statements expressing intent to stay together long-term, whether written or verbal, support the genuine nature of the commitment.
Exclusive commitment
Proof of exclusivity, such as statements about not dating others, underscores the seriousness of the relationship.
Joint decision-making
Evidence of making significant decisions together, such as career moves or family planning, highlights the depth of the commitment.
Understanding how to apply for a partner visa for Australia is crucial, and we're here to simplify every aspect for you. Our process is designed to guide you every step of the way, from the initial consultation to the final approval.
We begin with a personalised consultation to understand your unique circumstances, assess your eligibility, and outline the best visa options for you.
Our team will assist in gathering and preparing all required documents, ensuring your application is accurate, complete, and compliant with all legal requirements, including providing critical documents like your birth certificate.
Once your documents are ready, we handle the submission of your application to the Department of Home Affairs, keeping everything on track and within deadlines. To learn more about the application process, check out our guide on how to apply for a partner visa for Australia.
Throughout the entire process, we provide ongoing support and communication, addressing any additional requests or concerns until your visa is granted.
We are deeply committed to reuniting families and providing compassionate support throughout your visa journey. With decades of experience, we stand by you every step of the way, whether you're in Australia or overseas. Our flexible approach means you can meet with us in person or online, ensuring we’re accessible whenever you need us.
Our team of dedicated partner visa lawyers understands that every case is unique. We take the time to listen, guide, and empower you with the best possible advice, treating your goals as our own. We are not just legal representatives; we are your partners in navigating the migration process, working tirelessly to keep your family together and bring your loved ones home.
Applying for a partner visa can be challenging and overwhelming, especially with the complexities of legal requirements and the potential for unexpected hurdles. Working with us offers significant advantages, providing you with guidance, peace of mind, and a tailored approach to your unique situation.
Understanding the costs involved in applying for a partner visa is crucial for planning your journey. The cost of Australian partner visas generally includes application fees, medical examinations, police checks, and potential document translations. It’s important to consider these factors when preparing your application to ensure a smooth process without unexpected financial surprises.
Your expenses can vary based on the type of visa you’re applying for and your individual circumstances. We’ve outlined the primary costs you can expect when applying for different partner visas to help you budget accordingly.
Explore these real-life success stories from clients who’ve been through the partner visa process with us.
"I can't recommend enough highly them! We had an excellent experience with Olivia Harms, she was professional, efficient, and incredibly warm. She made the complex partner visa process much easier to understand, guiding us through every step with clarity and support. Their service was worth every dollar and we are so grateful for their help in getting our visa granted."
"Highly recommend this friendly, proffesionally and affordable lawyer firm! Our Appointed lawyer Nat went above and beyond for us at every given opportunity to help us secure our partner visa and we look forward to working with her again when the time comes to apply for residency!"
"Nat and the team at Migration Lawyers Australia have been nothing short of incredible. Their support in organising my partner's PR has been exceptional! We couldn't have asked for a more dedicated and helpful group of professionals. Highly recommend their services. A big thank you again, Nat and team!"
Partner visa processing times generally range from 12 to 24 months, depending on the visa type and specific circumstances of your application. Factors such as the accuracy of your submission, the completeness of your documents, and the time of lodgement can all influence the timeframe. Understanding these elements can help you better anticipate the process and manage expectations.
Other factors that impact processing times include government efficiency and external checks like health and character assessments. To learn more about how long partner visa processing takes in Australia, it’s important to consider these common variables:
Navigating partner visa laws can be complex, especially with the frequent updates and changes to regulations. We’re committed to staying ahead of these changes, so you don’t have to. Our experience ensures that your application reflects the latest legal requirements, giving you the best chance of success. Explore our timeline below to stay informed about the most recent updates in partner visa laws and see how we help you adapt to these evolving legal landscapes.
The requirement for ties to Australia was removed for Partner visa (820/801) applicants with deceased sponsors.
Prospective Marriage visa (300) holders can now apply for Partner visas (820/801) without needing to marry their sponsor, under new relationship cessation provisions.
Subclass 309/100 visa applicants can now access family violence and sponsor death provisions without needing to be in Australia at the decision time.
The definition of family violence was updated to be more inclusive, using "experienced" instead of "suffered," reflecting a respectful approach.
We’re proud to share the success stories of clients who have trusted us with their partner visa applications. From overcoming complex challenges to achieving quick approvals, these testimonials highlight the difference legal guidance can make. Read on to see how we’ve helped individuals and families navigate the visa process with confidence, turning their dreams of living together in Australia into reality.
Lawyer
Navigating the partner visa application process can be challenging, with various obstacles that might arise along the way. Whether it’s meeting the eligibility requirements or addressing unexpected complications, understanding the common issues and their solutions can help you feel more prepared and confident. Below, we outline some typical problems faced by partner visa applicants and how to overcome them with the right approach.
Problem: current visa expires
Your current visa is expiring, or expired, and you want to apply for a partner visa.
Solution
If you apply for the partner visa before your current visa expires you will be covered by a Bridging Visa A (BVA) which will allow you to stay in Australia whilst you wait for your application to be processed. If you lodge your partner visa application after your current visa expires your application may be considered invalid because you do not hold a substantive visa at the time of application. In this case you would need to apply for a Bridging Visa E (BVE) to ensure you remain in Australia lawfully whilst you resolve your immigration status.
Problem: Current visa is cancelled
Your current visa has been cancelled and you want to apply for a partner visa.
Solution
If your visa has been cancelled and you want to apply for a partner visa (Subclass 820) in Australia, the process can be complex. However, partner visa applications are exempt from the Section 48 Bar, meaning you can apply for a partner visa even after a visa cancellation. You should
Problem: You separate during the visa processing period
You and your partner separate during the partner visa processing period.
Solution
If you separate before the temporary partner visa is granted (subclass 820 or 309), the Department of Home Affairs should be notified and typically, the application will be refused.
If you have been granted the temporary visa but separate before the permanent visa decision, the visa can still be refused, however there are exceptions for specific circumstances.
If you separate once the partner visa is granted, it does not affect your visa status, and you can remain in Australia as a permanent citizen.
If you want to learn more about relationships ending on a Partner Visa.
Problem: You can’t access all necessary documents
You cannot access all necessary documents whilst completing your application for a partner visa.
Solution
If you cannot access or obtain certain documents it does not mean you cannot submit an application. You can submit alternative evidence, statutory declarations or personal statements to strengthen your case.
If you cannot provide the documents in the specified timeframe you can request an extension of time with the Department of Home Affairs before the original timeframe for response expires.
Problem: Insufficient evidence of relationship
You don’t have sufficient evidence of your relationship when applying for a partner visa.
Solution
If you have insufficient evidence for your relationship, submitting alternative evidence, such as personal statements, statutory declarations, and social proof can strengthen your application.
You can provide explanations for gaps in evidence and include any supporting documents showing shared responsibilities, future intentions, and financial arrangements.
Seeking professional advice from a migration lawyer is recommended to address the issue of insufficient evidence and improve your chances of a successful partner visa application.
Problem: Partner is offshore
You’re applying for a partner visa but your partner is currently offshore (outside Australia).
Solution
If you want to apply for a partner visa but your partner is offshore (outside Australia), you will need to apply for an offshore partner visa (Subclass 309/100).
Important Considerations:
Chúng tôi cung cấp tư vấn và hỗ trợ di cư chuyên nghiệp, bất kể bạn ở đâu. Những người ở Úc có thể lựa chọn gặp chúng tôi tại một trong các văn phòng của chúng tôi hoặc trực tuyến và đối với những người ở nước ngoài, chúng tôi có sẵn cho bạn trực tuyến.
Whether you’re just starting your partner visa application, midway through the process, or simply seeking answers, we’re here to help. Below are some frequently asked questions.
A partner visa provides stability for you and your sponsoring Australian partner, allowing you to live and build a life together in Australia without the stress of temporary status. It offers various benefits, even before permanent residency is granted.
Là người giữ visa 309, 820 hoặc 300, bạn có thể:
Là người giữ visa 100 hoặc subclass 801, ngoài những điều trên, bạn có thể:
Yes, you can, but you must obtain permission from the Department to stay in Australia while your subclass 820 application is processed. This requires showing compelling reasons. The requirements are strict, so please contact us to discuss what you'll need for your partner visa application.
*Applicable to subclass 820/801 visa applicants.
Yes, the applicant or sponsor can usually appeal the refusal to the Administrative Appeals Tribunal, which will review the decision according to the law. Our legal team is experienced in the appeals process and can represent you before the Tribunal.
Once you obtain a permanent partner visa, you can apply for Australian Citizenship after meeting residence requirements. We can guide you on the specific requirements and help you navigate the process to become a citizen as efficiently as possible.
Yes, permanent partner visas can be cancelled under certain conditions, such as providing false information, breaching visa conditions, or engaging in serious criminal activity. If you’re concerned about a potential cancellation, please contact us promptly, as opportunities to appeal have strict time limits.
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Perry Q Wood is Immediate Past President of the Australian Institute of Administrative Law and one of Australia’s leading administrative and migration lawyers. To date, he has been involved in 1,000+ migration and refugee matters.
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