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Partner visa

Take the first step in your Australian Partner visa application process

Australian Migration Lawyers is made up of a team of qualified lawyers, who have decades of experience. We have successfully secured Partner visas for many clients, including the most complex matters.

Reach out to our friendly team who are here to help you get started.

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The Australian Migration Lawyers difference

Types of partner visas and how they work

There are three types of partner visas that you may be able to apply for depending on your circumstances. All three visas allow you and your partner to live together in Australia and can be applied for by any couple, including same-sex couples.

820/801 Partner visa

This visa is available to you if you are in a de facto relationship or are the spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen and are currently in Australia. This visa allows you to remain in Australia with your partner, where you can live, work, study and travel without restriction.

If you are engaged and offshore

This visa is available to you if you are engaged to an Australian citizen, Australian permanent resident or eligible New Zealand citizen and are currently outside Australia. This is a temporary visa that allows you to come to Australia to get married to your fiancé. It is between 9 to 15 months in duration and once you are married, you are then eligible to apply for a subclass 820/801 Partner visa to allow you to remain in Australia with your partner.

309/100 Partner visa

This visa is available to you if you are in a de facto relationship or are the spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen and are currently outside Australia. This visa allows you to come to Australia to live with your partner. You can live, study, work and travel without restriction.

If you are onshore and have applied for/hold an 820/309 visa or hold a 300 visa and have married your sponsor

The primary purpose of family violence provisions is to protect and support victims by allowing them to maintain their Partner visa eligibility even after a relationship has broken down due to domestic or family violence.

If you are onshore

You may be eligible Schedule 3 Partner visa if you do not hold a substantive visa or are unlawful at the time of your Partner visa lodgement and meet the Schedule 3 criteria.

Visa application process

Applying for an Australian visa can be challenging, but for our team at Australian Migration Lawyers, we do this every day and can help you. Contact our team of qualified lawyers about your eligibility for an Australian partner visa as well as the most efficient and cost-effective options available to you.

1. Consultation and engagement

2. Preparation and support

3. Submission and communication

4. Representation and success

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Benefits of using an Australian Migration Lawyer for your partner visa

The team at Australian Migration Lawyers have decades of experience. We have a high success rate, and do not shy away from complex cases. At Australian Migration Lawyers, one of our key goals is to facilitate access to justice and we do this by representing everyone who entrusts us with their Partner visa application, regardless of where you are. Those located in Australia have the choice of meeting with us at one of our offices or online, and for those offshore, we are available to you online. 

The team at Australian Migration Lawyers is made up of qualified Australian lawyers who draw on their knowledge of relevant legislation and case law in advising you on your Partner visa application, and other migration options and strategies available to you. As lawyers, we have an obligation to ensure that your Partner visa application is compliant with all legislative requirements for the grant of a Partner visa, and this naturally improves your chances of success. 

We assist you with preparing your application all the way through to the grant of your visa. This includes working with you to action any additional requests along the way from the Department of Home Affairs.

Partner visa requirements

Although the requirements for each partner visa type differ, there are key eligibility requirements that apply to all applicants:

  • You must be in a genuine relationship with your sponsoring Australian partner (an Australian citizen, Australian permanent resident or eligible New Zealand citizen)
  • You must have met your partner in person at least once
  • You must be over the age of 18 (limited exemptions apply)
  • You must meet the health and character requirements
  • Same-sex partners are eligible to apply for this visa.
Learn more about partner visa requirements

Costs involved

There are two main costs associated with Partner visas.

1. Professional fees payable to Australian Migration Lawyers to prepare your primary application

Our fees will vary depending on the circumstances of your application. Some applications will be more complex than others and our fees will be quoted accordingly. We work on a fixed-fee basis rather than billing hourly to provide our clients with certainty about what the total costs associated with their partner visa application will be. We strive to be flexible, so we offer payment plans based on financial need.

To get started, book a free consultation with one of our qualified lawyers to get a quote.

2. Department fees

The current fee for the Australian Department of Home Affairs in relation to Partner visa applications is $8850 (cost payable at the time of lodgement). This fee must be paid upfront and the Department does not accept split payments. You can pay using debit/credit card, PayPal, UnionPay and BPAY.

If you apply for and are granted a Prospective Marriage Visa (subclass 300), you are eligible to pay a discounted fee when it comes to applying for a subclass 820/801 Partner visa.

Learn more about partner visa costs

Processing times

The processing times for partner visas differ depending on whether you choose to apply onshore or offshore. Processing times are also subject to the complexity of your case, the completeness of your application and the caseload being processed by the Department. At Australian Migration Lawyers, our goal is to submit high-standard, comprehensive applications that help reduce delays. 

We discuss the most recent information about processing times during our consultation. We will  draw on our experience to provide you with our professional estimate based on your circumstances.

Learn more about processing times

Meet your Australian Migration Lawyer

With decades of experience, our professional and compassionate team are on hand to guide you through each stage of the partner visa application process. We understand that this can be an exciting but also stressful process for you and your family, and we strive to make it as seamless and straightforward as possible. We will work closely with you to ensure your application meets all legislative requirements to give you the best possible chance of being granted your visa.

We support the LGBTIQ+ community across Australia

Nationwide support: Our locations across Australia

We offer professional migration advice and support, no matter where you are based. Those located in Australia have the choice of meeting with us at one of our offices or online, and for those offshore, we are available to you online.

Frequently asked questions

Whether you are just getting started with your partner visa application, are halfway through the process, or simply have questions about the process, we can help. Here are some frequently asked questions.

What are the benefits of getting a Partner visa?

The principal benefit of a Partner visa is the stability it provides for you and your sponsoring Australian partner. It enables you to live together and continue building a life together in Australia without the anxieties that accompany a temporary visa status. To facilitate stability and continuity, the Partner visa program grants a range of benefits even before permanent residency. 

As a subclass 309, 820, or 300 visa holder, you can: 

  • Arrive onshore (applies to subclass 309 and 300 applicants)
  • Work without restriction and be guaranteed minimum wage under Australian law
  • Study without restriction
  • Travel in and out of Australia 
  • Access Medicare 
  • Get married (applies to subclass 300 applicants)

As a subclass 100 or subclass 801 visa-holder, in addition to the above, you can: 

  • Enjoy full access to Medicare 
  • Pay domestic student fees at Australian education institutions
  • Apply for citizenship once you have met residence requirements
  • Sponsor family to come to Australia under relevant programs

Can I apply for Partner visa while on bridging visa?

*Please note, this only relates to those applying for the subclass 820/801 visa. 

Yes, you can, however, you must seek the Department’s permission to remain onshore while your subclass 820 application processes. To do this, you must demonstrate to the Department that there are special circumstances (‘compelling reasons’). The threshold to obtain the Department’s permission is high. Please contact our team to discuss what you will need to provide with your Partner visa application.

Can I appeal if my Partner visa application is refused?

Generally, either the applicant or the sponsor will have the opportunity to appeal the refusal decision to the Administrative Appeals Tribunal and request the Tribunal re-make the decision according to law. Our legal team is well-versed in the appeals process and can represent you before the Tribunal.

What happens after I become an Australian permanent resident?

After you obtain a permanent Partner visa and become an Australian permanent resident, you have the option of applying for Australian Citizenship after meeting residence requirements. We can provide assistance in determining what the residence requirements will be in your case and help you to become an Australian citizen in the shortest amount of time.

Can a permanent Partner visa be cancelled in Australia?

Yes, permanent Partner visas are still visas which means they may be cancelled if certain circumstances arise that give the Department permission to cancel them. For example, providing false or misleading information, violating visa conditions or engaging in serious criminal misconduct can lead to a cancellation of your permanent visa. If you are concerned about a cancellation, please act quickly and contact us as opportunities to appeal cancellation decisions have time limits.

About the content author

Perry Q Wood
Partner - Principal Migration Lawyer

Perry Q Wood is National 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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