The most common visa in the family visa category is the partner visa. If you are married or in a de facto partner relationship* with an Australian citizen, Australian permanent resident or an eligible New Zealand citizen, you may be eligible to migrate to Australia using the partner visa.
Current Partner Visa Categories
- Onshore Partner Visa (Subclass 820/801): Applicants who apply from within Australia may be granted a temporary Partner Visa (subclass 820) in the first instance. After a typical period of two years, if the relationship continues to be genuine and ongoing, the applicant may then be eligible for the permanent Partner Visa (subclass 801).
- Offshore Partner Visa (Subclass 309/100): Applicants applying from outside Australia may first be granted a temporary Partner Visa (subclass 309). If the relationship remains genuine and ongoing, they may later transition to the permanent Partner Visa (subclass 100).
- Prospective Marriage Visa (Subclass 300): This visa is designed for individuals who intend to marry an Australian citizen or permanent resident. Upon being granted a Prospective Marriage Visa (subclass 300) and entering Australia, the applicant must marry their sponsor within nine months. Following the marriage, they may apply for the onshore Partner Visa (subclass 820/801).
It is important to note that in 2021, some changes will occur for the partner visa including:
- Introduction of English language requirement
- Two step processing for sponsor and visa applicants separately
Onshore Partner Visa (Subclass 820/801)
Australia’s partner visa is designed for the spouses or de facto partners of Australian citizens, permanent residents, or eligible New Zealand citizens. The onshore partner visa is divided into two stages: temporary (Subclass 820) and permanent (Subclass 801).
Stage 1: Temporary Stage (Subclass 820)
- Applicants must be in a genuine and ongoing relationship with the Sponsor.
- Applicants need to provide supporting evidence of the relationship such as marriage certificate, proof of cohabitation, sharing of financial responsibilities, nature of household, social aspects and commitment to a long-term relationship with each other.
- Allows the holder to live and work in Australia while awaiting processing of the permanent visa.
Stage 2: Permanent Stage (Subclass 801)
- Applicants are eligible to apply for the permanent visa usually two years after submitting the temporary visa (unless they meet certain criteria).
- Applicants need to provide further evidence demonstrating the genuineness and continuity of the relationship.
- After obtaining the permanent partner visa, the holder can live, work, and study indefinitely in Australia and is eligible to apply for Australian citizenship subject to meeting relevant residence requirements.
Basic Partner Visa Requirements
When applying for a partner visa, applicants need to meet the following basic requirements:
- Evidence of Relationship
- Married Spouse
- Possess a valid marriage certificate confirming their legal marital status.
- Provide evidence of cohabitation, such as a rental agreement or jointly owned property.
- Provide evidence of sharing of financial responsibilities, such as joint bank accounts, insurance policies and other jointly owned assets.
- Demonstrate the nature of the household, such as joint responsibility for the care of children, living arrangements, sharing of housework.
- Present the social aspect of the relationship, such as evidence of declaration of relationship to authorities, photos from joint outings, invitations and statements from family and friends.
- De facto Spouse
- Provide evidence of at least 12 months cohabitation (unless certain criteria are met), such as a rental agreement or jointly owned property.
- Provide evidence of sharing of financial responsibilities, such as joint bank accounts, insurance policies and other jointly owned assets.
- Demonstrate the nature of the household, such as joint responsibility for the care of children, living arrangements, sharing of housework.
- Present the social aspect of the relationship, such as evidence of declaration of relationship to authorities, photos from joint outings, invitations and statements from family and friends.
- Married Spouse
- Sponsor’s Eligibility
- The sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen.
- The sponsor must meet the character requirements specified by the Australian government.
- The sponsor has turned 18 years of age (additional requirement apply if this is not the case).
- Generally, a sponsor can only sponsor two spouses/partners in their lifetime (exemptions apply in certain circumstances).
- The sponsor agrees to ensure that adequate accommodation is available to the applicant for up to 2 years upon their arrival in Australia or following visa grant.
- The sponsor agrees to provide support as required enabling the applicant to attend appropriate English language courses.
- Health and Character Requirements
- The applicant must meet Australia’s health and character requirements.
- The sponsor must meet relevant character requirements.
Key Considerations and Challenges in Partner Visa Applications
Partner visa applications are subject to stringent assessment criteria, with a strong focus on the genuineness and continuity of the relationship. Applicants must provide a broad range of supporting documents, including but not limited to:
- Evidence of the relationship and shared financial commitments;
- Records of daily communication and cohabitation;
- Acknowledgement of the relationship by family and friends; and
- Joint plans for the future
Common challenges faced by applicants include:
- A short relationship history or prolonged periods of separation;
- Inadequate documentation or inconsistencies in the evidence provided;
- Uncertainty about whether to lodge an onshore or offshore application, or misjudging the timing of submission.
Due to the complexity and detail required, engaging a qualified migration lawyer can provide valuable guidance. Professional support ensures that your application is well-prepared, compliant and strategically presented – significantly improving the chances of a favourable outcome.
Why Choose Brightstone Migration Lawyers?
We are experienced with dealing with many complex partner visa applications including:
- Couples who have never lived together or have a short long-distance relationship
- Same sex relationship where the relationship is not known to family and friends
- The sponsor has a significant criminal record
- The sponsor has sponsored more than 2 people in the past
- The sponsor has sponsored someone in less than 5 years
- The visa applicant is suffering from domestic violence
- The relationship breaks down before the visa is granted
- One spouse/partner engaged in extra-marital affairs
We offer:
- Extensive experience with successful Partner Visa applications, backed by in-depth knowledge of both onshore and offshore requirements.
- Comprehensive legal support throughout the entire visa process – from initial temporary visa applications to the grant of permanent residency.
- Expert assistance in preparing detailed and persuasive relationship evidence, helping to minimise the risk of refusal.
- Strategic advice and representation in complex matters, including merits review and appeal processes in the event of a visa refusal.
Our Service Process and Timeline
At Brightstone Migration, we offer comprehensive partner visa application services to ensure your application proceeds smoothly.
We recognise that applying for a partner visa can be both challenging and stressful. That is why we are dedicated to offering personalised and expert support to ensure a smooth process and successful outcome.
- Consultation and Assessment Phase (1-2 weeks)
- Initial consultation to understand your circumstances, assess your eligibility and outline the visa application process.
- Provide a document checklist and guidance as to the information and documents required to support the application.
- Document Preparation Phase (2-4 weeks)
- Assist in preparing and collating all required documents to ensure they meet the relevant legal requirements.
- Review information and supporting documents to ensure legal requirements are met.
- Application Submission Phase (1 week)
- Draft, review and submit visa application.
- Ensure complete and accurate information and documents are provided with the application.
- Processing Phase
- Temporary Visa (Subclass 820): currently 30-51 months
- Monitor the application progress and provide real-time feedback.
- Assist with any further requests from the immigration department.
- Permanent Visa (Subclass 801): usually two years after submitting the temporary visa application
- Assist in preparing and submitting the permanent visa application.
- Monitor the permanent visa application progress and provide real-time feedback.
- Temporary Visa (Subclass 820): currently 30-51 months
- After Visa Approval
- Provide post-visa support and consultation services to help you adapt to life in Australia.
Partner Visa Fees
For a general guide, please refer to our fee structure page. Actual fees may vary depending on individual circumstances. We encourage you to contact us so we can assess your situation and provide a final quote.
* The legal definition of a ‘de facto’ partner relationship is different to that under the Family Law Act. Therefore, it is important to enquire with an immigration lawyer to understand whether you are eligible for the visa (per immigration requirements).
You do not have to have lived together at all to be considered a de facto couple. For more information, read: Do you have to be living together for partner visa?
