Applying for a partner visa in Australia can be complex, emotional, and high-stakes. Whether you are married or in a de facto relationship (including same-sex couples), the process demands strong evidence and strict adherence to legal requirements. At Aurelia Legal, we help clients navigate this journey with confidence, ensuring every detail is handled professionally.
Onshore vs Offshore Partner Visas
Australia offers two main partner visa pathways:
- Onshore Partner Visa (Subclass 820/801): For applicants in Australia. A temporary visa (820) is granted first, followed by permanent residency (801) after approximately two years.
- Offshore Partner Visa (Subclass 309/100): For applicants outside Australia. Starts with the 309 visa, followed by the permanent 100 visa.
Both streams require proof of a genuine and ongoing relationship with an Australian citizen or a permanent resident of Australia.
Additionally, the Prospective Marriage Visa (Subclass 300) allows engaged partners to enter Australia, marry, and later transition to a partner visa.
Key Eligibility Criteria
To apply, you must:
- Be married or in a de facto relationship with an eligible sponsor.
- Prove your relationship is genuine and continuing.
- Meet health and character requirements.
- Be 18 years or older (in most cases).
- If de facto, usually show 12 months of living together—or provide a registered relationship certificate if less than 12 months.
Note: Sponsors can only sponsor two partners in their lifetime with a five-year gap between sponsorships. Previous visa history or sponsorships may affect eligibility.
Required Documents
A successful application relies on strong evidence. Key documents include:
- Identification: Passports, birth certificates, and proof of Australian citizenship or permanent residency (for the sponsor).
- Relationship Evidence: Cover the four key aspects:
- Financial: Joint bank accounts, shared bills, or financial support.
- Household: Rental agreements, shared utilities, or daily routines.
- Social: Photos together, social media evidence, or joint invitations.
- Commitment: Wills, communication history, and future plans.
- Personal Statements: Both partners should provide a relationship statement outlining your journey, milestones, and shared future.
- Character and Health Checks: Police clearances and medical exams are required for both the applicant and, in some cases, the sponsor.
Common Pitfalls
Many applications are refused due to:
- Insufficient or inconsistent evidence: Inconsistencies in timelines, addresses, or personal details can raise red flags.
- Failing de facto criteria: Applying without 12 months’ cohabitation or a registered relationship.
- Poorly organised documents: Disorganised or mislabelled documents slow down processing or lead to delays.
- Sponsorship issues: Prior sponsorships may limit eligibility.
- Missed deadlines or requests for more information: These can result in automatic refusal.
Tips for a Strong Application
- Plan ahead: Begin gathering documents early, especially if waiting for the 12-month de facto requirement.
- Stay organised: Clearly label your evidence and group documents by category.
- Be honest and consistent: Ensure all dates and statements align across documents.
- Cover all relationship aspects: Provide diverse evidence—photos alone are not enough.
- Submit a strong personal statement: Tell your story clearly and sincerely.
- Understand timing: Lodging onshore before your visa expires ensures you receive a bridging visa. Offshore applicants must remain outside Australia at the time of visa grant.
How Aurelia Legal Can Help
Partner visa applications are deeply personal—and often complex. At Aurelia Legal, we support clients every step of the way by:
- Assessing eligibility and recommending the best pathway.
- Preparing, reviewing, and organizing your documents.
- Drafting clear personal statements and supporting declarations.
- Lodging your application and managing Department correspondence.
- Representing you in complex cases, refusals, or appeals at the AAT.
- Monitoring visa progress and assisting with second-stage permanent residency.
With years of experience in Australian immigration law, we know how to present strong, well-structured partner visa applications that meet legal and evidentiary standards.
Ready to Apply?
Your future together in Australia is worth protecting. Let Aurelia Legal help you build a clear, complete, and compelling application.
📞 Call us at (03) 9125 8820
📧 Email: info@aurelialegal.com.au
🌐 Visit: www.aurelialegal.com.au
DISCLAIMER: This blog is for general information only. Legislation may change from time to time. Please refer to the latest legislation for current details.