General information only, not legal advice. Immigration law changes; contact Onside for advice about your circumstances.
Thinking About Applying for a Partner Visa?
If you are in a genuine relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen, you may be able to apply for an Australian Partner visa.
For many couples, the Partner visa provides a pathway to live together permanently in Australia. However, being married or being in a genuine relationship does not mean that the visa application is automatically straightforward.
A Partner visa application requires you to demonstrate that your relationship meets the relevant requirements and provide evidence that supports your circumstances.
The type and amount of evidence required will depend on your individual relationship, your immigration history and the circumstances of your application.
At Onside Immigration Lawyers, our experienced immigration lawyers assist couples with Partner visa applications across Australia, including both straightforward applications and applications involving more complicated circumstances.
What is an Australian Partner visa?
Australia has several Partner visa pathways depending on your circumstances.
Generally:
Subclass 820/801 is the onshore Partner visa pathway.
Subclass 309/100 is the offshore Partner visa pathway.
The temporary Partner visa is generally the first stage towards the corresponding permanent Partner visa. The Department of Home Affairs recognises both spouses and eligible de facto partners under the Partner visa program.
Choosing the appropriate pathway and understanding whether you meet the relevant criteria is an important first step.
Do you have to be married to apply for a Partner visa?
No. A Partner visa may be available to eligible married couples as well as eligible de facto couples.
The important issue is not simply whether you have a marriage certificate or describe yourselves as a couple. The Department must be satisfied that the relationship meets the applicable legal requirements.
For example, the relationship generally needs to demonstrate that it is genuine and continuing, that there is a mutual commitment to a shared life, and that the partners are not permanently living separately and apart.
Can I apply for a Partner visa if my partner and I do not live together?
This is one of the most common questions we receive.
Not living together does not necessarily mean that you cannot apply for a Partner visa. Couples may live separately for many genuine reasons, including work or study commitments, immigration restrictions, living in different countries, financial circumstances, family responsibilities, cultural or personal circumstances, or because of previous visa conditions.
Where a couple does not live together, however, it becomes particularly important to provide evidence explaining the circumstances and demonstrating the nature of the relationship. Your application should not simply state that you are in a genuine relationship. It should explain how your relationship operates, why you and your partner are living separately, and how you continue to maintain your relationship despite living apart.
What evidence do you need for a Partner visa?
There is no single set of documents that will be appropriate for every couple. The evidence provided should reflect your individual circumstances and demonstrate the nature and development of your relationship. Generally, relationship evidence should address the financial, household, social and commitment aspects of your relationship, while also explaining any periods of separation or other circumstances that may be relevant. The aim is to provide a clear and consistent picture of your relationship and demonstrate that it meets the applicable Partner visa requirements, rather than simply providing a large volume of documents.
What if we have only been together for a short time ?
A shorter relationship does not automatically mean that you cannot apply.
However, the circumstances of the relationship and the evidence available will need to be carefully considered.
For example, a couple who have been together for a shorter period may naturally have less evidence of shared finances, household arrangements or long-term commitments than a couple who have been together for many years.
This does not mean the application cannot succeed. It means the application should be prepared around the evidence that actually exists and should clearly explain the development and nature of the relationship.
What If We Have Not Been in a De Facto Relationship for 12 Months?
If you are applying as a de facto couple, the general rule is that your de facto relationship must have existed for at least 12 months immediately before applying. However, exceptions to this requirement may apply.
For example, the 12-month requirement may not apply where your relationship is registered with an Australian State or Territory authority, or where there are compelling and compassionate circumstances. There are also specific exceptions in certain humanitarian circumstances.
This means that if you have been in a genuine relationship for less than 12 months, you should not automatically assume that you cannot apply. Your individual circumstances should be assessed before deciding whether to lodge or wait.
What mistakes should you avoid?
Some common issues with Partner visa applications include:
Providing too much irrelevant evidence: More documents do not necessarily mean a stronger application. A well-organised application containing relevant evidence can be more persuasive than thousands of pages of documents without context.
Providing inconsistent information: Dates, addresses, travel history, relationship timelines and information provided in previous visa applications should be carefully checked. Inconsistencies can raise questions and may require explanation.
Treating the application as a form-filling exercise: A Partner visa is a legal application. The application should be prepared with consideration of the relevant visa criteria and the evidence needed to address those criteria.
Waiting until after lodgement to organise important evidence: Where possible, identify evidence gaps before lodging rather than discovering them after the application has already been submitted. The Department encourages applicants to provide the required documents and correct information and to respond to requests for further information within the relevant timeframe.
What if my immigration history is straightforward?
If you have no previous visa refusals, cancellations, character concerns or other immigration issues, your Partner visa application may be relatively straightforward.
However, straightforward does not mean that preparation is unimportant.
Even a genuine couple with a clean immigration history needs to demonstrate that the relevant requirements are satisfied and provide appropriate evidence.
This is where professional advice can be valuable, particularly in understanding what evidence is relevant to your particular relationship and identifying potential issues before the application is lodged.
What if there are additional immigration issues?
That is where the application can become significantly more complicated.
A previous visa refusal, visa cancellation, immigration breach, character concern or other issue may affect the legal strategy and should be considered before lodging.
These matters are best addressed separately rather than assuming that the existence of a genuine relationship will resolve them.
For applicants with these circumstances, see our related article:
Navigating Complicated Partner Visa Applications that Involve Prior Visa Refusals, Cancellations, Sponsorship Issues, Character Concerns and Family Violence
Why choose Onside Immigration Lawyers?
At Onside Immigration Lawyers, our experienced immigration lawyers assist with Partner visa applications for couples in a wide range of circumstances.
We understand that every relationship is different. Our approach is to assess your individual circumstances, identify the evidence available to you and help prepare an application that properly presents your relationship and addresses the relevant visa requirements
Get Advice Before You Lodge Your Partner Visa
A genuine relationship is the foundation of a Partner visa application, but preparing a strong application involves more than simply proving that you are a couple.
Your relationship history, living arrangements, financial circumstances, social circumstances and immigration history can all be relevant to how your application should be prepared.
Whether your circumstances are straightforward or involve additional issues, obtaining advice before lodging can help you understand the requirements and identify potential problems early.
If you are considering applying for a Partner visa in Australia, contact Onside Immigration Lawyers to discuss your circumstances and obtain advice tailored to your relationship and immigration history.