Applying for a visitor visa before applying for a partner visa is a great idea where the couple have not had the opportunity to spend time together or live together as yet. Quite often, couples will apply for a visitor visa for the non-Australian partner to come into Australia for a holiday and spend time with their Australian partner. It is good time to start gathering evidence of various aspects of your relationship which the Department of Immigration will be interested in knowing when the time comes for you to lodge your Partner Visa application. It's really important you are upfront and honest about why you are applying for the Visitor Visa, to find out more Click here: Why you need to be careful what you say on your Visitor Visa application

For example: One of the aspects of the relationship the Department of Immigration will look at is the social aspects of the relationship that can include whether or not you socialise together, whether your friends and family view you as 'de facto' partners or a 'married” couple and whether you present yourselves in social situations as such. If you have visited each other and spent time together on a visitor visa then you will, in most cases, have had good opportunities to meet friends or family, celebrate birthdays, go the movies, or enjoy other activities together.

Each and every relationship is different, so it is important to get advice from a Registered Migration Agent before making plans to lodge either a visitor visa or a partner visa.

More Info? Click Here

There is no compulsory requirement for you to be in a married relationship before lodging a Partner Visa (subclass 309/100 or subclass 820/801). To be eligible to apply for a partner visa, you can either be in a married relationship OR in a defacto relationship for 12 months before applying OR be in a relationship that is registered under a prescribed Australian state or territory legislation.

Quite often, couples are misled to believe that getting married will make it easy for them to be granted a visa. The Department of Immigration still requires evidence of various aspects of a couple's relationship including the financial aspects, social aspects, nature of household and nature of commitment to each other. A marriage certificate alone does not prove that your relationship is genuine and ongoing. For more info check out our blog post on what getting married will mean for your visa application

For the purposes of applying for a Partner Visa, there is no difference between getting married in Australia or overseas as long as your marriage overseas is recognised legally and properly registered in the other country. Customary marriages, common law marriages and civil partnerships from other countries are as yet not recognised in Australia and you cannot use them to show that you are married for the Partner Visa application.

Yes. If you intend to marry overseas, you may be eligible to apply for the Subclass 309/100 Partner Visa before you get married. Please note that the initial Subclass 309 visa will only be granted after the marriage has taken place.

If you intend to marry in Australia, the Subclass 300 Prospective Marriage Visa may be more suitable for your situation.

For more info on how getting married will affect your partner visa application then check out this blog.

As the partner applying for a partner visa, you can include your dependent children and step children in the application. If your children are over 18 years of age, they need to be fully financially dependent on you to be included.

If you are currently in Australia on a student visa and you lodge an onshore Partner Visa, you will be automatically granted a Bridging Visa A. The Bridging Visa A will not come into effect until your student visa expires (Read more about How Bridging Visas Work here). This means that you will need to continue your studies and meet all the conditions of your existing visa until it expires or you complete your course. If you stop studying prior to the expiry of your student visa, you will be in breach of your student visa and both your student visa and Bridging Visa A may be subject to cancellation.

If you need to stop studying for any reason, it is possible to request the Department of Immigration to cancel your student visa and apply for a Bridging Visa E to remain in Australia until your Partner Visa is granted. Please be aware that the Bridging Visa E does not give you the right to work or study when you apply for it.

Being interviewed by Immigration all depends on which country you are applying from, the evidence provided to prove your relationship and the individual decision maker assessing your partner visa application. An interview is more commonly requested if you are lodging from another country and if you have not known your partner for very long before marrying and applying for the visa. The interview may be over the telephone or in person with the decision maker at an agreed location and time.

If you applied in Australia, you can expect to not be interviewed.

You may be able to apply for a Partner Visa (Subclass 820/801) while in Australia on a Subclass 600 Visitor Visa if you meet the eligibility criteria and you do not have an “8503 - No Further Stay” condition on your visitor visa.

An “8503 - No Further Stay” condition prevents you from applying and being granted a visa while you remain in Australia. Only in very limited circumstances can an 8503 condition be waived to allow you to lodge a Partner Visa. You will have to show that there has been a major change in your circumstances since the grant of the visa, the circumstances are compelling and compassionate and the change was beyond your control. You must have extremely strong reasons as to why you have to remain in Australia to lodge a Partner Visa. As an example of what if not strong enough, the Department of Immigration usually does not accept falling pregnant, while in Australia on a visitor visa with an 8503 condition, as grounds for a waiver. To find out more check out our article on the "8503 - No Further Stay” condition and how to deal with it. 

The main difference between these two subclasses of partner visas is that the Subclass 820 can only be lodged within Australia and the Subclass 309 can only be lodged from outside Australia. The Subclass 820 visa application will result in a bridging visa which allows you to remain in Australia until the visa is decided whereas you will normally need to wait for the grant of the Subclass 309 visa before you can travel to Australia.

Which visa you lodge will depend on your physical location and personal situation, however, the application process for both is very similar in terms of the forms, application charge, documents, health and character checks. You can read more here on our blog post about what's the difference between spouse visa, partner visa, defacto visa.

The Prospective Marriage Visa and Partner Visa are designed for couples in different stages of their relationship.

The Prospective Marriage Visa is for people who are engaged to marry an Australian and wish to enter Australia to marry the fiance(e). This visa can only be applied for from outside Australia. They do not have to be married or be a de facto couple to be eligible. However, the couple must have met in person at least once and intend to marry in Australia within 9 months of visa grant. After the wedding, the next step is to apply for the Partner Visa while in Australia.

Meanwhile, the Partner Visa is for people who are already married, in a de facto relationship or in a registered relationship/civil partnership with their Australian partner and wish to to migrate to Australia to be with their Australian partner. The first temporary stage of this visa can be applied for either in or outside Australia. The second permanent stage can be either in or outside Australia as well.

Click here to read more on how to Determine the Best Visa for you.

As everyone’s situation is different, there is no single checklist that can list out all the documents you must provide to the Department of Immigration for your Partner Visa application. The best way is to consult with a Registered Migration Agent who can firstly understand your personal circumstances and then guide you on the types of documents to provide in order to have the best chance of success. If you want to find out more, check out our Blog Post on Partner Visa Checklists, it gives an example of how we put a checklist together.

It really depends on which visa you apply for and if you are applying from in Australia or overseas. The Department of Immigration’s average processing times for the first stage temporary Partner Visa (Subclass 820) and the second stage permanent Partner Visa (Subclass 801) applications is 16 to 21 months from the date of lodgement (current as at 14 June 2017). So make sure you're ready for the stressful times ahead!

Applications complete with respect to all documents including all health and character checks will generally be given priority. This means that if you are a low-risk applicant, lodging a well-prepared application with all documentation, including health and character checks, will increase the likelihood of your partner visa being granted sooner, possibly as quickly as 6 to 9 months after lodgement.

Find out more info on this in Sophia's blog post about this subject.

Unfortunately, there have been cases where the Department of Home Affairs / Immigration has not reached out at the two year qualification mark to advise that it’s time to provide the required evidence to support the full Permanent Partner Visa application.

We strongly advise you to keep that date two years ahead of your first Partner Visa application. Mark it on your calendar, set a reminder to contact Immigration or reach out to us and we’ll advise you on what to do next.

Click here to learn more about The Partner Visa application stages.

The answer all depends on which stage of the relationship you are at with your partner.

If you have met in person and are engaged but not yet married, the Prospective Marriage (Subclass 300) Visa may be suitable for you. This visa allows you to come into Australia and marry your Australian partner within 9 months. After that, you will be eligible to apply for the Partner Visa (Subclass 820/801).

You can also check out our article about what you need in order to apply for a Partner Visa inside Australia

If you are already married, in a de facto relationship or registered relationship with an Australian, but you are living in another country, the temporary Partner Visa (Subclass 309/100) may be suitable for you. The first temporary stage of this visa can only be applied for from outside Australia, while the second permanent stage can be from either in or outside Australia.

If you are already married, in a de facto relationship or registered relationship, and currently in Australia, the temporary Partner Visa (Subclass 820/801) may be suitable for you. The first temporary stage of this visa can only be applied for from inside Australia while the second permanent stage can be either in or outside Australia.

Everyone’s personal circumstances are different and it is very  important to choose the right visa for your situation.

When submitting evidence of a de facto relationship, applicants must be able to demonstrate that their relationship has existed for at least 12 months before the application is submitted to the Department of Immigration. The Department will assess whether the the relationship is a genuine ongoing relationship to the exclusion of all others based on history of the relationship, financial aspects, social aspects, nature of the household, commitment to each other, and future plans of the couple. The documents you provide must therefore evidence these parts of your relationships e.g. photos of dates and social outings, joint bank account statements, joint tenancy agreements. Other evidence include proof of your identity, witness statements attesting to your relationship, and health and character checks.

For some ideas on how you can include check out this post we did: Where to get a Partner Visa Checklist?

If you would like to know how to best lodge your application, click here.

To be a valid witness and provide a Form 888 for a partner visa application, the witness should have personal knowledge of the visa applicant, the sponsor and the history of their relationship. They must be at least 18 years of age and an Australian citizen or Australian permanent resident. The witness completing the Form 888 must provide evidence of their current name, age and Australian citizenship or Australian permanent residency (for example a birth certificate, Australian passport or permanent visa grant notification). All copies must be certified.

Click here to see the Partner Visa lodging process and go to STEP 4: Witness Statements to learn more.

In determining whether a couple are in a genuine and continuing relationship, the Department of Immigration will have regard to the financial aspects of your relationship. Financial aspects of the relationship may be evidenced by joint loan agreements for real estate, joint ownership of cars, joint bank accounts, joint financial obligations, sharing day to day household expenses and many other ways. For this reason, you and your partner should expect to provide fairly detailed financial information to the Department of Immigration as part of your Partner Visa application.  

Good question! This relates to providing Immigration with the details of your travel and address history. This includes a record of your short-term travels as well of your place of residence where you have lived for an extended period. In most cases, Immigration forms ask for your travel history over the last 10 years and our clients often ask, “Do I really have to provide ALL the details?” and the short answer to this is YES! When the department asks for specific information, you have to provide it.

To find out more read this article on travel details required for my application.

You need to be OUTSIDE of Australia at the time of your Partner Visa application. In fact, you need to be OUTSIDE of Australia on the day you lodge the Visa application.

Click here to learn more about where you need to be on the day of lodging your partner visa application.

If you’re applying for the Subclass 820 and you have a valid Visa which allows you to lodge INSIDE Australia, you need to be INSIDE Australia for the Subclass 820 at the time of application.

Click here to learn more about what you need to apply for an ONSHORE Partner Visa or where you need to be on the day of lodging your Partner Visa application.

Making a valid application just includes the most basic items needed to make sure the application is considered lodged technically or legally. Check out the departmental website for what is considered to be a valid application and you will find reference to the 47SP or application form, the Visa Application charge, etc. Be aware that submission of these alone will not be enough for your request to be decided or granted.

You have to send in a COMPLETE Visa application for the department to consider your application in your favour.  Learn more about that HERE.

Aside from making a complete application, you also need to consider what the Partner Visa means to you as a couple. You can read more HERE

Starting 18 November 2017, the Partner and Prospective Marriage visas must be lodged online. Paper applications will no longer be valid. Click here to learn more about Partner Visa Changes as of the 17th of November 2017.

A bridging visa is a visa which allows you to stay lawfully in Australia from when you lodge a Partner Visa (Subclass 820/801) application until it is granted. You must have lodged the visa while in Australia on a substantive visa. For example, if you are holding a 3 month visitor visa and lodge a Partner Visa (Subclass 820/801) while in Australia, you will be granted a Bridging Visa A which will come into effect after the expiry of the visitor visa. The Bridging Visa A will remain in effect until your visa is granted.

You will not be able to get a bridging visa if you applied for the Partner Visa (309/100) while overseas.

To find out more check out our Blog on How Bridging Visas Work

If you have lodged a Partner Visa (Subclass 820/801) application while in Australia on a substantive visa, you will be granted a Bridging Visa A which automatically comes with the right to work in Australia. There are some situations where you may not be automatically granted work rights, for example, if you were not holding a substantive visa when you applied for the Partner Visa. In that case, you will have to show to the Department of Immigration you will be in financial hardship if you are not able to work to apply for a new bridging visa with work rights.

Once your first stage temporary Partner Visa is granted, you will have full work rights and this continues on after you have your permanent residency

If you want to find out more about how a bridging visa works then Click Here!!

We also have a full article about working on a Bridging Visa.

A bridging visa is a visa that allows you to stay lawfully in Australia from after you have lodged a visa application until you are granted a substantive visa. For example, if you are holding a 3 month visitor visa and lodge a Partner Visa (Subclass 820/801) while in Australia, you will be granted a Bridging Visa A which will come into effect after the expiry of the visitor visa. You can stay in Australia on the bridging visa until your Partner Visa is granted. For more info on this check out our blog post that gives a bit more detail on how bridging visas work

Yes you will still be subject to the 6 month work limitation. Even though you may be automatically granted a Bridging Visa A with unrestricted work rights after lodgement of a Partner Visa (Subclass 820/801), your Working Holiday Visa will remain valid and in effect until it expires. The Bridging Visa A will become effective only after the Working Holiday Visa expires.

If you and your partner have been in a long term relationship, you may request (at the application stage) to be considered for permanent residency immediately after the first stage temporary Partner Visa (subclass 820) is granted.

A longstanding relationship is considered to be one that is over 3 years or over 2 years with a dependent child of the relationship. We've created a blog where we've discussed this in length. Click HERE to read more.

If you have lodged a Partner Visa (Subclass 820/801) application while in Australia on a substantive visa, you will be granted a Bridging Visa A with the right to work in Australia. As it is automatically granted, you do not have to submit a separate application for this bridging visa.

If you need to travel overseas while on the Bridging Visa A, you must apply for a Bridging Visa B before you leave Australia as only this visa will allow you to re-enter Australia and regain the Bridging Visa A.

It's is one of the saddest Partner Visa misconceptions when partners think they can't see each other until the Partner Visa is granted. If yours is an Offshore application, you can apply for a Visitor Visa during the processing period.

To learn more about this and other Partner Visa misconceptions, click HERE.

We get asked this one a lot and YES, be warned that there really is a good chance the Department will do just that. For this reason, it’s super-important that the personal details on your social media platforms are consistent with what you have put on your Partner Visa application form.

To read more on this topic, check out our blog HERE.

The Partner Visa (Subclass 820/801) application charge, whether you apply from onshore or offshore, is $7,160. If you hold a Prospective Marriage Visa, the visa application charge is $1,195. On top of this base charge, you also need to factor in the cost of Health Checks, Police Clearances, translations. If you would like more information on all the things you need to budget for when thinking about applying for a Partner Visa the check out this Article on What is the true cost of a Partner Visa (if required) and professional fees if you engage a migration agent. If you would like our professional assistance but finances are a concern, we can offer a review only service and payment plans for our fees.

A Registered Migration Agent is someone who is legally allowed to give immigration and visa advice in Australia. They should strictly follow the CODE OF CONDUCT imposed the Office of the Migration Agents Registration Authority (OMARA) by Their qualifications have been approved by the OMARA, and they have been given a listed number. You can check out the list of MARA Agents in their website.

To learn more on why you should use a REGISTERED migration agent, click HERE.

You can consider lodging your Partner Visa application on your own if your case has been deemed a straightforward one by a Registered Migration Agent from whom you have directly sought advice at the outset of your application.

We would say an emphatic ‘NO’ to lodging your own Partner Visa Application if any complex issues with your case have been identified at the end of a Visa Planning Session.

Click HERE if you want to learn more about this topic.

To be granted a Partner Visa as a de facto partner (opposite-sex or same-sex), you and your sponsor must show that you have been in a committed de facto relationship for the entire 12 months immediately prior to lodging your application. You may still be eligible to apply if you and your partner were prevented from living together temporarily during that 12 month period.

For example: You lived with your partner for 9 months before your partner was suddenly required to move to another city for work. You were unable to move to the same city, because of a family situation, until 3 months later. The 3 months of living separately could be counted towards the 12 month period as it was a temporary separation outside of both your control and you remained committed to each other as a de facto couple.

If you have spent some time living apart from your partner, it is best to get professional advice as to whether you meet the 12 months de facto relationship requirement.

It is possible to include children from a previous marriage as secondary applicants to a Prospective Marriage Application or Partner Visa Application. Your partner must advise the Department of Immigration of all their children, no matter what their age or situation.

If a child under 18 years of age is included in the partner visa application, the other non-migrating parent must provide written consent to the child’s migration. Alternatively, your partner can produce official legal documents to prove that they have sole rights and access to the child to the exclusion of the other parent.

If the child is over 18 years of age and migrating with your partner, they have to be financially dependent on your partner e.g. studying full time, not working, all support is from your partner.

All dependent children, whether or not they are migrating, are usually required to undertake a visa medical examination. This is important because of the “one fails, all fails” rule; if a dependent child does not meet the health criteria, your partner will also be deemed to not meet the health criteria. If this occurs, you will need to seek a waiver of the health criteria for grant of the Partner Visa.

YES!!! From the 9th of December 2017 Same-Sex couples have the same rights as heterosexual couples when it comes to the Partner Visa Program. To find out more Click Here!!

Everyone who wants to migrate to Australia temporarily or permanently must satisfy certain health requirements; this is known as satisfying the health criteria. The type of health check that needs to be carried out varies from visa to visa as well as other factors including age, countries visited, and intended activities in Australia. When you apply for the Partner Visa, which eventually leads to permanent residency, you will be subjected to more comprehensive health checks than compared to if you were applying for a temporary work visa.

If your partner does not meet the health criteria, the Partner Visa may be refused. If your partner has a health issue or concern, it is important to get professional advice prior to lodging the visa application as to whether the Department of Immigration is likely to waive the health criteria in your situation. You can find out more here on our Blog Post about Partner Visa Health Criteria

What happens when a Partner Visa gets refused? If this happens, you and your sponsor are entitled to apply to the Administrative Appeals Tribunal for a review of the decision to refuse your visa. If you are in Australia, you will have 21 days after receiving the visa refusal notification to make the application to the Administrative Appeals Tribunal. There is a fee payable to the Tribunal and this is $1,731(from 1 July 2017). There is a 50% refund of the fees if you are successful at the Tribunal and the visa application is remitted back to the Department of Immigration for re-consideration.

Check out this article on why a Partner Visa gets refused

If you do not apply for an Administrative Appeals Tribunal review, you will need to leave Australia after the expiry of your bridging visa. In most cases, you will not be able to apply for another visa while in Australia.

Yes, in some circumstances. This is because you can apply (or be a sponsor) for a Partner Visa if you have been in a de facto partner relationship with your partner. Living together is regarded as the key element in de facto relationships. If you have been formally separated but not legally divorced from your ex-partner, and living in a de facto relationship with your current Australian partner for over 12 months, you may be eligible to apply for a Partner Visa if you also satisfy the other criteria for the visa. Ideally, you should be able to show that you are in the process of finalising the divorce with your ex-partner.

We've made a blog about this. Check it out: I am not divorced. Can I still apply for a Partner Visa?

Unfortunately, if your relationship ended before you are granted the first stage temporary Partner Visa (Subclass 820 or 309), the visa will be refused.

If your relationship with your Australian sponsor ended while you are on the first stage temporary Partner Visa (Subclass 820 or 309) and waiting for the second stage permanent Partner Visa (subclass 801 or 100),  you may still be granted a partner visa if you, or a member of your family, were a victim of family violence during the relationship.

The rules and evidence required to prove family violence is very complex. It is extremely important to get professional advice if you are in this situation to have the best chance of getting permanent residency. Check out our blog post on this for more detail "What if my relationship ends before the visa is granted"

Yes you can, as long as you can show that you are either married, in a defacto relationship for 12 months before applying or be in a relationship that is registered under a prescribed Australian  state or territory legislation with your new partner. This may not be achievable if you have only recently ended your relationship with your previous partner.

Yes you can in some circumstances. The Partner Visa (Subclass 820/801) is one of the very few visas that you may apply for after having a visa refusal or cancellation while in Australia and not holding a substantive visa. The visa that was refused or cancelled must not have been a type of partner visa (as in subclasses 100/110/309/310/801/814/820/826).

If you have had a visa cancelled or refused while in Australia on a bridging visa and you wish to lodge a Partner Visa application, please seek professional migration advice as there are additional requirements that must be met.

Yes, your partner may be able to sponsor you depending on whether they are subject to the sponsorship limitations.

Your Australian partner may not be able to sponsor you if they have previously sponsored 2 other partners for migration to Australia OR have sponsored another partner within the last 5 years OR were sponsored as a partner themselves within the last 5 years. Your partner could be permitted to sponsor you if there are compelling circumstances, such as if their previous partner has died or abandoned the relationship leaving young children or if your current relationship is long-term or if you and your partner have children of your relationship.

Yes you may be able to depending on how long ago your own Partner Visa was lodged. This is because there are limitations on sponsorship.
You cannot sponsor someone for a Partner Visa if you were sponsored as a partner yourself within the last 5 years. You may still be permitted to sponsor your partner in compelling circumstances, such as if your previous partner had died or abandoned the relationship leaving young children or if your current relationship is long-term or if there is children of your current relationship.

Every person wanting to enter Australia is required to meet the character test, a set of criteria determined by the Department of Immigration and Border Protection (DIBP). It applies to the visa applicant and the visa sponsor and the visa may be refused if either of them fails the character test.

If either you or your partner fails to meet the character requirements, it does not automatically mean that the visa will be refused. The DIBP has the discretion to approve or refuse the visa in some cases following consideration of a range of factors. To find our more have a read of our Blog post on Partner Visa Character Requirements.

If you want to know more about what a Character Test is, click HERE.

When it comes to the Partner visa, the short answer is YES. You will have to jump through a few more hoops; but, it is possible to migrate to Australia and we have had numerous success stories! To find out more check out this page for more details: Can I migrate if I am HIV+

Immigration may either think that your relationship is false and therefore deny your application or that you lied on your previous application which is breaking the law. So, Providing false statements on a previous application will leave you in a difficult position with a lot of explaining to do and could possibly lead to a refusal of the visa application.

We've explained this in more detail on our blog regarding being careful on what you say on your Visitor Visa application!

Low risk applications for Offshore visa applications can include (but are not limited to) applicants from ETA eligible countries. High risk applications may include (but are not limited to) significant age gap between applicant and sponsor, badly prepared application, history of visa refusals, among other things.

We have tackled this in more depth on our blog about Offshore Partner Visa Processing Times & Low/High Risk Applications