circle3blankWho needs this visa?

This visa is for overseas applicants who are in a married or de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen.

Applicants who are applying while in Australia will need to apply for the Partner visa (subclasses 820 and 801).

Applicants who are applying while outside of Australia will need to apply for the offshore Partner visa (Subclasses 309 and 100).

Both latter visas for each pathway are permanent residency visas which let applicants to stay permanently in Australia and apply for Australian Citizen in the future.

What are the application requirements for Australia Partner Visa?

The partner visa applications are subject to two main requirements:

  1. you are in a relationship with an Australian citizen, permanent resident or eligible New Zealand citizen and you are being sponsored by the partner
  2. the relationship you have is genuine and ongoing

Your sponsor must provide evidence which show that he or she is an Australian citizen, permanent resident or eligible New Zealand citizen.

You will also need to show evidence of your relationship, which is further explained below:

Married relationship

You need to provide a legal marriage certificate or registration from Australia or another country. The marriage document needs to be authentic and legally valid.

De facto relationship

A de facto relationship means that you have been in a mutually exclusive relationship with your partner for at least 12 months before you apply for the partner visa in or outside Australia. Essentially this means you and your partner have been living like a legally married couple, but have not obtained any legal marriage registration or documentation.

More details about a de facto relationship includes:

  • Not legally married but commited to a shared life to the exclusion of all others
  • Must prove that your relationship is genuine and continuing ( Talk to us to know how to prove your genuinity >)
  • You must have been living together for at least 12 months immediately before applying for the visa 309 or 820 subclass.
  • Time spent on dating or online relationship DOES NOT COUNT as being in a de facto relationship

You will need to provide sufficient evidence to demonstrate that a de facto relationship exists between you and your partner. You may be exempted to prove a de facto relationship of 12 months or more if you meet certain exemption requirements.

Same-sex couples

Same-sex couples will need to demonstrate their relationship based on a married or de facto relationship. It may be difficult to obtain documents to demonstrate a same-sex relationship and there is a need to be resourceful to know where and how you can obtain documents and information that will be supportive of your application.

Work Visa Lawyers has experience in managing same-sex de facto partner applications and representing same-sex couples in their bid to reunite or remain in Australia.

Speak to the Registered Migration Agents and Immigration Lawyers at Work Visa Lawyers to find out how we can help >

What is the application process for Partner Visa Australia?

  1. Arrange an appointment with Work Visa Lawyers to determine your eligibility to apply for an Australian partner visa
  2. A detailed assessment is provided and advice is given to proceed with a partner application, or wait for more evidence to be available before proceeding
  3. You will need to gather documents and information as advised and suggested to create a substantially solid application
  4. Submit the partner visa application online through ImmiAccount
  5. Wait for processing to be done, and ensure your relationship is ongoing
  6. Once approved you will be granted a partner visa which gives you permanent resident status, but is subject to a review two years after the grant

What is the processing time for Partner Visa Australia?

Click here to learn more about the latest processing time for Australian partner visa applications in 2022.


Proof of genuine and continuing relationship to apply for Australia Partner Visa

Especially de facto partners who do not share as much responsibility as other married couples normally have, they still have to show some commitment to each other. Australia Department of Home Affairs has made some standard criteria to assess the genuinity and continuality of the relationship to grant them partner visas.

 There are a few core factors to prove your genuinity and continuing relationship, as many of the following factors satisfied as possible:

  • Financial responsibilities and aspects of the relationship (Home loan, joint property or ownership or rental, joint and active bank accounts with real transactions)
  • Household responsibilities such as mail and emails, bills and utilities, living arrangements.
  • Social responsibilities : Going out together with friends and acquaintances, joint travel or events

How can Work Visa Lawyers help?

A partner visa application is more subjective when compared to a General Skilled Migration visa. It is up to the applicant to provide as many documents and information as possible to support the claims of a genuine and ongoing relationship.

As the situation for each person and couple is different, the Registered Migration Agents at Work Visa Lawyers can provide migration advice that is specific and relevant to your circumstances. This is possible because of our Registered Migration Agents have a wealth of experience in managing partner visa applications for applicants with various backgrounds.

We are also mindful of the confidentiality and how personal it can be for you and your partner to disclose information about your relationship to us and the Department. We seek to understand your concerns and help to address or explain some of the requirements to you to reduce the stress on the relationship when applying for the partner visa.

Work Visa Lawyers has also worked with clients from a LGBTI background and is proud to assist with the visa application for partners in a genuine relationship, regardless of sexual orientation.

Our team of experience Immigration Lawyers and Migration Agents look forward to assisting you with your Australian visa or appeal.

Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.


Contact Work Visa Lawyers today to have a chat about how we can help you with your partner visa application.

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