Immigration Lawyers › Partner & Spouse Visas
Partner Visa Lawyers — Spouse, De Facto & Long-Term Partner Visas.
Australian partner visas — for spouses and genuine de facto partners of Australian citizens, permanent residents, and eligible New Zealand citizens — are among the most demanding visa applications in the Australian system. Processing times regularly exceed 24 months, and the evidentiary requirements for proving a genuine relationship are strict. A lawyer maximises the quality of your application and responds to requests for further information from the Department.
⚠ Partner visa processing times are currently 24–36+ months. If you are onshore on a bridging visa or your visa is about to expire, get advice now on your status and conditions. Free assessment today.
What We Help With
Partner visa applications — onshore, offshore, and appeals.
Partner visa matters involve both the initial application and, in many cases, responding to the Department's requests for further information or challenging a refusal at the AAT.
Subclass 820/801 — Onshore Partner Visa
For applicants already in Australia on another visa. Subclass 820 is the temporary stage (allows you to stay while the application is processed); subclass 801 is the permanent stage (granted approximately 2 years after the 820). During the bridging period, the applicant holds a Bridging Visa A.
Subclass 309/100 — Offshore Partner Visa
For applicants who are outside Australia at the time of application. Subclass 309 is the temporary stage; subclass 100 is the permanent stage. The applicant can enter Australia on the 309 while awaiting the permanent stage determination.
De Facto Relationship Evidence
De facto partner visa applications require demonstrating a genuine de facto relationship of at least 12 months duration (with some exceptions). The Department assesses four aspects of the relationship — financial, household, social, and commitment. A lawyer helps compile comprehensive evidence across each aspect.
Requests for Further Information (s56)
The Department frequently issues section 56 requests for further information during partner visa processing. Responding comprehensively within the deadline is critical — failure to respond or an inadequate response can result in the visa being refused on the available information.
Partner Visa Refusal — AAT Review
Partner visa refusals commonly cite insufficient relationship evidence or doubts about relationship genuineness. AAT merits review allows the applicant to present additional evidence and give oral evidence. Many refused partner visa applicants succeed on AAT review.
Prospective Marriage Visa (Subclass 300)
For fiancé(e)s of Australian citizens who intend to marry in Australia. The subclass 300 allows entry to Australia for the purpose of marriage — after marriage, it converts to a partner visa pathway. The parties must meet in person and the marriage must occur within 9 months of grant.
What the Law Says
Partner visa criteria — what the Department is assessing.
Partner visa criteria are set out in Schedule 2 of the Migration Regulations. The Department assesses whether the applicant and sponsor are in a genuine, ongoing, and exclusive relationship — across four defined aspects.
The four aspects of the relationship
The Department assesses the relationship across four aspects: (1) Financial — shared finances, joint accounts, co-owned property, shared expenses; (2) Household — living arrangements, shared domestic duties, co-habitation history; (3) Social — joint social activities, recognition by family and friends as a couple, shared social media presence, joint travel; (4) Commitment — statements of mutual commitment, plans for the future, knowledge of each other's background, family circumstances, and health. Evidence across all four aspects must be comprehensive.
The 12-month de facto relationship requirement
For de facto partner visa applicants, the relationship must have existed for at least 12 months prior to the application date (with limited exceptions for registered relationships and exceptional circumstances). The 12-month period must be a continuous de facto relationship — periods of separation may be taken into account. Evidence of the relationship during the full 12-month period must be provided. For married couples, there is no minimum relationship duration requirement prior to the visa application, though the marriage must be genuine.
Sponsor eligibility — who can sponsor
An Australian citizen, Australian permanent resident, or eligible New Zealand citizen can sponsor a partner visa applicant. Sponsors must not have previously sponsored more than one partner visa applicant (with some exceptions), must not have been sponsored themselves within the preceding 5 years, and must not have a history of family violence — these sponsorship limitations exist to prevent visa fraud and protect against domestic abuse. A lawyer checks sponsor eligibility before the application is lodged.
The two-stage process — temporary then permanent
Partner visas are granted in two stages. The temporary stage (820 or 309) is granted first — allowing the applicant to live in Australia as a partner. Approximately 2 years after the application date (for those who have been in a relationship for less than 3 years at the time of application) or shortly after the temporary stage for longer relationships, the Department considers the permanent stage (801 or 100). To progress to the permanent stage, the relationship must still be genuine and ongoing. If the relationship breaks down during the temporary stage, the permanent stage may not be granted.
Processing times — what to expect
Partner visa processing times vary significantly depending on the visa subclass, the complexity of the application, and the Department's workload. As at recent data, median processing times for the 820 temporary stage are in excess of 24 months; 309 offshore processing is similar. The Department processes approximately 75% of applications within the stated timeframe — the remaining 25% can take significantly longer. Priority processing is not available for partner visas. During this period, the applicant holds a bridging visa or remains offshore.
Separation during processing — what happens
If a relationship breaks down after a partner visa application has been lodged but before the visa is granted, the applicant is generally no longer eligible for the visa — the relationship must be genuine and ongoing at the time of grant, not just at the time of application. There are limited exceptions — including for applicants who have suffered family violence from the sponsoring partner — which allow the permanent stage to be granted even after separation. A lawyer advises on whether the family violence exception or any other exception applies to the specific circumstances.
How It Works
One request. A free partner visa assessment.
Tell us your relationship status, your location (onshore or offshore), and your partner's visa status. An immigration specialist will assess your situation for free.
Submit Your RequestDescribe your relationship and visa situation
Tell us whether you are married or in a de facto relationship, how long the relationship has existed, your location (onshore/offshore), and your partner's visa or citizenship status.
Matched to a partner visa specialist
Your request is matched to a registered migration agent or immigration lawyer with experience in partner visa applications and AAT partner visa reviews.
Free assessment and application strategy
An immigration specialist assesses your eligibility, advises on the evidence required, and outlines a strategy for lodging the strongest possible application.
Common Questions
Partner visas — frequently asked questions.
We have been in a de facto relationship for less than 12 months — can we still apply?
In limited circumstances, yes. Exceptions to the 12-month de facto requirement include: where the couple has registered their relationship under a state or territory law (a registered relationship); where there are compelling circumstances (for example, a child of the relationship); or where the applicant is applying for a Prospective Marriage visa (subclass 300) as a fiancé(e). A lawyer assesses whether an exception applies to your situation and advises on the most appropriate visa pathway.
Can I stay in Australia while my partner visa is being processed?
If you are in Australia and lodge an onshore partner visa application (subclass 820) while holding a substantive visa, you will be granted a Bridging Visa A (BVA) that allows you to remain in Australia while your application is processed. The BVA conditions mirror your previous visa conditions for work and travel — with some exceptions. If you are offshore (outside Australia), you would apply for the subclass 309 and would need to wait offshore until the visa is granted (or return on the 309 once granted).
My partner visa was refused — what are my options?
Most partner visa refusals attract AAT merits review — you must lodge the review application within 28 days of the refusal decision. The AAT conducts a full merits review, including the ability to present new evidence and additional relationship evidence not before the Department. Partner visa refusal AAT reviews have a reasonable success rate — particularly where the refusal was based on insufficient evidence rather than a genuine concern about the legitimacy of the relationship. A lawyer assesses the specific grounds of refusal and advises on the strength of the review prospects.