Partner Visas
Onshore and offshore partner visa applications, including prospective marriage visas, evidence of a genuine and continuing relationship and dealing with sponsorship issues.
Applying for a Partner Visa
Partner visas are document heavy and the way the relationship evidence is presented makes a real difference to how the application is assessed. The Department looks at the whole period a couple has been together rather than a single snapshot, so preparation matters from the very start.
Who Can Apply?
A partner visa is available to the married or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen, provided the sponsorship and relationship criteria are met.
Married, De Facto and Prospective Marriage Pathways
Married couples do not need to be living together at the time of application, but de facto couples generally need to show a 12 month de facto relationship unless an exemption applies. A prospective marriage visa is available where the couple intends to marry after arrival in Australia.
Proving Your Relationship and Meeting the Requirements
Genuine and Continuing Relationship Evidence
The Department looks across four areas: the financial aspects of the relationship, the social aspects, the nature of the household, and the nature of the couple's commitment to each other. Joint finances, leases, shared social life, correspondence, photographs and statements from family and friends all help build a complete picture, and evidence spanning the length of the relationship is far more persuasive than a snapshot from a single point in time.
Sponsorship, Health and Character
The sponsor must meet eligibility and character requirements, and sponsorship can be limited or refused where the sponsor has a relevant criminal history or has sponsored previous partners. Both the applicant and any dependants generally need to meet health and character requirements, and previous visa refusals, cancellations or overstays should be addressed openly rather than left for a request for further information.
The Application Process
Onshore applications are generally made under subclass 820 and 801, offshore applications under subclass 309 and 100, and prospective marriage applications under subclass 300. Processing times vary by office and caseload and change over time.
If the Relationship Ends
If a relationship ends before permanent residence is granted, there may still be options available, including provisions relating to family violence or the interests of a child. These situations need individual advice as soon as possible.
Our process
How a matter of this kind moves from first contact to outcome.
Eligibility Assessment
We confirm which visa pathway fits your relationship and circumstances.
Gather Relationship Evidence
We identify and collect evidence across the financial, social, household and commitment aspects of your relationship.
Prepare Sponsor and Applicant Documents
We prepare sponsorship, health, character and identity documentation.
Lodge the Application
The application is lodged with the Department, including all supporting evidence.
Respond to Further Requests
We respond to any requests for further information or interviews.
Visa Decision
We guide you through the outcome, whether that is a grant or the need for further steps.
How Shah & Co Lawyers can assist
Most partner visa applications succeed or struggle on the strength of the relationship evidence, and that is where we focus our attention.
Onshore and Offshore Applications
Subclass 820, 801, 309 and 100 partner visa applications.
Prospective Marriage Visas
Subclass 300 applications for couples intending to marry after arrival.
Sponsorship Advice
Sponsorship approvals, including character and sponsorship limitation issues.
Schedule 3 Submissions
Submissions where the applicant does not hold a substantive visa at the time of application.
Tribunal Review
Review of partner visa refusals, including evidence of a continuing relationship at hearing.
Relationship Evidence Strategy
Practical guidance on the documents that genuinely strengthen your application.
Frequently asked questions
General information only. Every matter turns on its own facts.
Other immigration law services
Visa Refusals
Advice and representation following the refusal of a visa application, including assessment of merits review rights and preparation of review applications within the statutory time limits.
View Visa RefusalsVisa Cancellations
Notices of intention to consider cancellation under sections 116 and 501, responses to the Minister or delegate, and merits review of cancellation decisions.
View Visa CancellationsMerits Review
Applications to the Administrative Review Tribunal (Migration and Refugee jurisdiction) for review of visa refusal and cancellation decisions, including preparation of submissions and representation at hearing.
View Merits ReviewProtection Visas
Protection visa applications under Australia's protection obligations, including complementary protection, statements of claim and Tribunal review where required.
View Protection VisasFamily Visas
Parent, child, remaining relative and other family visa applications, including queue dates, balance of family test and assurance of support.
View Family VisasCitizenship Matters
Citizenship by conferral and descent applications, advice on the good character requirement and review of refusals before the Administrative Review Tribunal.
View Citizenship MattersArrange a confidential consultation about your partner visa application.
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