Build Your Life
Together in Australia

A partner visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia on a pathway to permanent residency. Eligibility depends on the nature of your relationship, your current visa status, and whether your sponsor meets the Department of Home Affairs sponsorship requirements. If you are unsure whether you qualify, our lawyers can assess your circumstances and advise you before you commit to lodging.

Your location at the time you lodge determines which pathway applies. If you are in Australia, you apply for the Subclass 820/801 (onshore) pathway and receive a Bridging Visa A that keeps you lawful and working while the application is processed. If you are outside Australia, you apply for the Subclass 309/100 (offshore) pathway and are generally required to remain offshore until the temporary visa is granted.

The Department of Home Affairs assesses your relationship across four categories: financial aspects, the nature of your household, your social life as a couple, and your commitment to each other. Evidence can include joint bank accounts, shared lease agreements, utility bills, photographs, statutory declarations from people who know you both (Form 888), and correspondence showing ongoing contact. The strength and consistency of your evidence across all four categories is one of the most significant factors in the outcome of your application.

A refusal is not necessarily the end of the process. You have the right to apply for merits review at the Administrative Review Tribunal (ART) within 28 days of the refusal decision, and your Bridging Visa A generally remains active during that review period, allowing you to continue living and working in Australia. Our lawyers review refusal decisions, identify the grounds on which the Department refused, and advise on whether review or an alternative pathway offers the stronger prospect of success.

For onshore (Subclass 820/801) applicants, a Bridging Visa A is automatically granted at lodgement and activates when your current substantive visa expires, giving you full work rights and Medicare access with no restrictions on hours. If you need to travel outside Australia during processing, you must apply for a Bridging Visa B before departing, as leaving on a Bridging Visa A cancels it. Work rights and travel entitlements for offshore (Subclass 309/100) applicants differ, and we recommend confirming your specific entitlements with our team before making any travel decisions.

There is no legal requirement to engage a lawyer, and straightforward applications with strong evidence are sometimes lodged without professional assistance. However, partner visa applications are among the most evidence-intensive and scrutinised in the Australian migration system, and errors or gaps at lodgement are difficult to correct after the fact, particularly under the Department's current decision-ready assessment approach. Our lawyers reduce the risk of refusal by identifying issues before lodgement, preparing your evidence package, and managing the application through to decision.

Our service covers an initial assessment of your eligibility and circumstances, advice on the correct visa pathway, preparation and review of your application and supporting evidence, and management of all correspondence with the Department of Home Affairs through to decision. Where complications arise, such as Schedule 3 issues, prior refusals, or requests for further information, we advise and respond on your behalf. Contact us to discuss the scope of services relevant to your specific situation.

Call us on 1300 935 635 or book a consultation online to speak with one of our lawyers. We assess your circumstances, explain your options, and give you a clear picture of what your application involves before you commit to anything. Consultations are available seven days a week.