Partner visa applications and immigration advice
Migrately assists with Australian partner visa matters, including applications made within Australia and overseas, married and de facto relationships, and cases involving complex immigration circumstances.
Whether you’re preparing a new application, assessing your eligibility or dealing with complications arising from your immigration history, the right approach depends on your individual circumstances.
Our experience covers partner visa applications, relationship evidence, visa conditions, previous refusals and other matters that can affect a partner visa pathway.
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Which Australian partner visa applies to you?
Australia offers several visa pathways for eligible partners of Australian citizens, Australian permanent residents and eligible New Zealand citizens.
The appropriate pathway depends on factors including your relationship, your partner’s immigration status and where you are when you apply.
Partner Visa 820/801: Applying in Australia
The Partner visa (subclasses 820 and 801) is the onshore pathway for eligible married and de facto partners.
Applicants generally apply for the temporary subclass 820 and permanent subclass 801 visas together. The temporary visa is usually considered first, followed by assessment for permanent residence.
Your current visa status and conditions can affect whether you can make a valid application from within Australia.
[Learn About Partner Visa 820/801]
Partner Visa 309/100: Applying from Overseas
The Partner visa (subclasses 309 and 100) is the offshore pathway for eligible married and de facto partners.
The subclass 309 visa provides a temporary pathway towards the permanent subclass 100 visa. Applicants generally lodge both stages together and must be outside Australia when applying.
[Learn About Partner Visa 309/100]
Prospective Marriage Visa 300
The Prospective Marriage visa (subclass 300) may be relevant to couples who intend to marry in Australia.
It allows eligible applicants to travel to Australia to marry their prospective spouse within the visa’s validity period. A subsequent partner visa application is generally required to pursue permanent residence.
[Learn About Prospective Marriage Visa 300]
New Zealand Citizen Family Relationship Visa 461
Partners of certain New Zealand citizens living in Australia may be eligible for the New Zealand Citizen Family Relationship visa (subclass 461).
This is a separate temporary visa pathway. Eligibility depends on the New Zealand citizen’s immigration status and the applicant’s circumstances.
[Learn About Visa 461]
Australian Partner Visa Requirements
Partner visa applications involve more than establishing that a couple is married or in a relationship.
Applicants generally need to demonstrate that they meet the relevant visa requirements, including those concerning their relationship, sponsorship, health and character.
The Department of Home Affairs considers whether a relationship is genuine and continuing, supported by evidence appropriate to the couple’s circumstances.
Married and De Facto Relationships
Australian partner visas can be available to eligible married couples and de facto partners.
For de facto applicants, a minimum relationship period generally applies, although exceptions may be available in particular circumstances, including certain registered relationships.
Marriage does not remove the requirement to demonstrate that the relationship meets the relevant criteria.
Evidence of Your Relationship
Relationship evidence is a central part of many partner visa applications.
The Department of Home Affairs considers several aspects of a relationship, including:
- Financial arrangements: Shared expenses, financial commitments, joint assets or other evidence of financial interdependence.
- Household arrangements: Living arrangements, domestic responsibilities and the way a couple manages their household.
- Social aspects: How the relationship is recognised by family, friends and the wider community.
- Commitment: The history of the relationship, knowledge of each other’s circumstances and evidence of an ongoing commitment.
The evidence available will vary between couples. Joint finances, shared accommodation and formal documentation may be relevant, but their absence does not necessarily determine the outcome of an application.
The important consideration is whether the available evidence adequately addresses the applicable requirements.
What If Your Partner Visa Application Is Complicated?
Some partner visa applications require additional consideration because of the applicant’s immigration history, relationship circumstances or visa status.
Examples include:
Limited Relationship Evidence
Couples may have limited joint financial records, separate residential arrangements or periods spent living in different countries.
These circumstances require careful consideration of the relationship requirements and the evidence available.
An Expiring Visa or Previous Visa Refusal
An applicant’s current visa conditions, previous applications or immigration history can affect their options for applying within Australia.
Additional legal requirements may apply, particularly where an applicant does not hold a substantive visa or has previously received an adverse immigration decision.
Previous Relationships or Sponsorships
Previous marriages, partner visa sponsorships and changes in relationship circumstances may affect eligibility or sponsorship requirements.
Requests for Further Information
The Department of Home Affairs may request additional documents or clarification during the assessment process.
A response should address the issues raised and provide relevant supporting evidence within the applicable timeframe.
Migrately’s background includes experience with complex immigration matters, visa refusals, restrictive conditions and detailed written submissions.
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How Much Does an Australian Partner Visa Cost?
Partner visa costs generally involve a government visa application charge and may include additional expenses such as health examinations, police certificates, translations and professional assistance.
Government charges vary according to the visa pathway and individual circumstances and can change over time.
For current application charges, refer to the Department of Home Affairs’ Visa Pricing Estimator.
Where professional assistance is required, Migrately’s fees are explained separately from government charges and other third-party expenses.
[View Our Fees]
How Long Does an Australian Partner Visa Take?
Partner visa processing times vary according to the visa subclass, the circumstances of the application and the Department of Home Affairs’ processing priorities.
Some applications require additional information or assessment, which can affect the time taken to reach a decision.
The Department publishes a visa processing time guide, but the figures are indicative rather than a guarantee for an individual application.
[Check Official Processing Times]
How Migrately Can Assist With Your Partner Visa
Partner visa assistance can involve different levels of work depending on the application and the issues involved.
Migrately’s experience includes:
- Assessing partner visa eligibility and available pathways
- Reviewing immigration history and identifying potential complications
- Advising on relationship evidence and supporting documentation
- Preparing visa applications and accompanying submissions
- Responding to departmental requests for further information
- Assessing options following a partner visa refusal
Our approach is to identify the relevant requirements, assess the available evidence and provide clear advice about the work involved.
Do You Need a Migration Agent for a Partner Visa?
Using a migration agent is not compulsory. Applicants can prepare and lodge their own partner visa applications.
Professional assistance may be particularly relevant where eligibility is uncertain, the evidence requires careful assessment or previous immigration decisions create additional complications.
Frequently Asked Questions
Can I apply for a partner visa if we aren’t married?
Potentially. Australian partner visas can be available to eligible de facto partners. The relationship must satisfy the applicable requirements, including any relevant relationship-duration rules or exceptions.
Can we apply if we haven’t lived together?
Living arrangements are relevant to assessing a relationship, but eligibility depends on the complete circumstances and the applicable legal requirements. Periods of living apart do not automatically rule out an application.
Can I apply for a partner visa while in Australia on a visitor visa?
It depends on your visa conditions, immigration history and whether you meet the requirements for a valid onshore application. Some visitor visas carry conditions that restrict further applications in Australia.
Can I apply if my previous visa was refused?
A previous refusal may affect the visa options available, particularly if you are in Australia. The circumstances of the refusal, your current visa status and any applicable restrictions need to be considered.
Does applying for a partner visa automatically give me permanent residency?
No. Most partner visa pathways involve temporary and permanent stages, with separate requirements and assessments.
Partner Visa Assistance From Migrately
Migrately brings extensive Australian migration experience to partner visa applications, including matters involving complex eligibility questions, immigration history and previous visa decisions.
If you’re considering a partner visa application or require assistance with an existing matter, contact us to discuss the circumstances and the services available.
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