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Email: help@partnerpathways.com.au
Publications 4
Australian Partner Visa Requirements: Eligibility Checklist for Applicants and Sponsors
Meta Title: Australian Partner Visa Requirements – Eligibility Checklist
Meta Description: Learn the key eligibility requirements for an Australian partner visa. This checklist covers relationship criteria (marriage or de facto), sponsorship conditions, the 12-month rule, documentation needed, and common pitfalls to avoid when applying for a spouse/partner visa.
Applying for a partner visa is a significant process, and it’s crucial to understand the requirements before lodging your application. Below is a breakdown of the core eligibility criteria for both the visa applicant (the partner seeking the visa) and the sponsor (the Australian citizen/permanent resident).
Relationship Requirements
You must be in a genuine spousal or de facto relationship with your Australian partner. This means either:
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Married: You are legally married to your Australian partner (with the marriage recognized under Australian law) – or,
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De facto: You have been in a spouse-like relationship for at least 12 months immediately before applying (the general rule).
For married couples, ensure the marriage is valid:
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It must be monogamous (no existing marriage to someone else).
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Both parties should be 18 or over. (If one was 16–17 when married, Australian law requires a court order for that marriage to be recognized).
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If married overseas, generally it’s recognized in Australia if it was valid in that country and not contrary to Australian laws (e.g., not underage or prohibited relationship).
For de facto couples (including same-sex couples, which Australia treats equally):
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You should have a 12-month history of living together or at least having your lives intertwined as a couple. This is a requirement in the migration regulations to prove the relationship’s length. The 12 months is calculated from the date you started living together or from when you can show you committed to a shared life.
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Exception: The 12-month cohabitation rule can be waived if you register your relationship under a state/territory law in Australia. Many states (NSW, Victoria, Qld, etc.) have relationship registers. If you and your partner register as a de facto couple, that certificate can be used as evidence in lieu of 12 months living together. Also, if you have compelling circumstances (for example, you have a child together), the Department may show leniency on the 12-month rule (Family Migration Visas - McKkr’s).
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You must not be related closely by family. First-cousin relationships are generally accepted, but anything closer (like siblings) obviously not.
Whether married or de facto, you need to demonstrate the relationship is exclusive (you’re not in concurrent relationships with other people), genuine and continuing, and that you have a mutual commitment to a life together to the exclusion of all others (Most common reasons why your Australian Partner Visa application is rejected).
Applicant Requirements
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Age: The visa applicant should be an adult (18+). The Department will not grant a partner visa to someone under 18. If you’re 17 and in a relationship, you’ll have to wait until you’re 18 to apply (even if married). The one exception is if you’re on a Prospective Marriage visa that you got at 17 turning 18, but that’s extremely rare and requires court consent at marriage – for practical purposes, consider 18 the minimum.
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Health: Applicants must meet health standards. All applicants undergo a medical exam and possibly chest x-ray. If you have a serious health condition, the Department will assess whether it’s likely to incur significant cost. The good news for partner visas is there is provision for a health waiver in cases where the refusal would unduly separate a family. This means even if you have a condition (like HIV or a disability) that technically exceeds cost thresholds, they might still grant the visa given the humanitarian aspect – particularly if the sponsor can show they’ll support the applicant. But initially, you must still be examined and your condition disclosed.
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Character: Applicants must provide police clearances for each country they’ve lived in for 12+ months in the past 10 years (since turning 16). A history of criminal offenses doesn’t automatically bar you, but serious ones can. If you have what’s defined as a “substantial criminal record” (e.g., sentenced to 12+ months imprisonment), you can fail the character test. However, for partner visas, the Minister has some discretion if refusing the visa would be against Australia’s interests (they’d weigh the nature of crimes vs. the hardship to the Aussie partner if their spouse is refused). Always be honest about any convictions – hiding them is worse (Most common reasons why your Australian Partner Visa application is rejected). Minor convictions usually are okay, but do disclose and provide context.
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Current visa status (for onshore applicants): If you’re applying within Australia, you need to hold a substantive visa (not an expired visa) or be eligible through some exemption. If you have a **“No Further Stay (8503)” condition on your current visa, you cannot apply onshore unless you get that waived. Similarly, if you’re unlawful (visa expired), you may not be able to apply onshore unless you qualify for a specific concession. Generally, ensure you have a valid visa without 8503 before applying onshore.
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Marital status (if de facto): If applying as de facto, you should not be legally married to someone else. If you are still technically married to a third party (even if separated), the Department might question the genuineness/exclusivity of your de facto relationship. It’s usually best to divorce any previous spouse before applying as a de facto.
Sponsor Requirements
The sponsor (Australian citizen, permanent resident, or eligible New Zealander) is the person who will vouch for and support the applicant. Key requirements for sponsors:
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Eligibility and Status: The sponsor must be 18 or older (some rare exceptions at 16–17 if the applicant is much older and they’re married, but again, practically 18 is the minimum). They must be either an Australian citizen, Australian permanent resident, or an “eligible New Zealand citizen” (an NZ citizen who was living in Australia long-term before 2001 or has a special certificate). Unfortunately, permanent residents who were sponsored on a partner visa themselves cannot sponsor a new partner until they are a permanent resident (which they are) and a certain time has passed (see sponsorship limits below).
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Sponsorship Limitations: The sponsor should not have recently sponsored another partner, and not have a history of multiple sponsorships:
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A sponsor can sponsor a maximum of 2 partner visa applicants in a lifetime (Family Migration Visas - McKkr’s) (with at least 5 years apart between them). If they have sponsored one before, they generally must wait 5 years from the date of that application before sponsoring another.
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If the sponsor themself was a partner visa applicant before (i.e., they were sponsored as a partner), then they usually cannot sponsor someone else until at least 5 years have passed since their own application was lodged (Family Migration Visas - McKkr’s).
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These rules are to prevent people from serially bringing in spouses. However, the Department can waive these limits in compelling circumstances – for example, if the previous sponsored partner died, or the relationship broke down due to the sponsor’s ex-partner’s infidelity or violence, etc. Compelling reasons have to be argued; otherwise the limitation stands.
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Character of Sponsor: Sponsors must provide an Australian police check (AFP) and may need foreign police checks if they’ve lived overseas recently. In 2016, laws were passed to bar sponsorship by persons with certain serious convictions (especially against children or sexual offenses) unless the Department uses its discretion that there are compelling circumstances to still allow the sponsorship (such as the partner might suffer hardship if separated) (Family Migration Visas - McKkr’s). If the sponsor has a substantial criminal record for violent/sexual crimes, the Department will assess and potentially refuse the sponsorship, which leads to refusal of the visa to protect the applicant. There’s no formal “character test” for sponsors like applicants, but these specific crimes matter. The sponsor’s police check is also shared with the visa applicant (for transparency), so a sponsor cannot hide their past from their partner either.
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Financial Ability: Unlike some countries, Australia does not have a hard income requirement for partner sponsors (e.g., there’s no minimum salary you must earn). You don’t have to show bank balances or employment letters for the visa. However, the sponsor does commit that they will assist the partner with accommodation and financial support for the first two years (Family Migration Visas - McKkr’s). There is also an expectation that the partner will not need to access Centrelink during that period. While there’s no bond or formal enforcement (except in rare cases involving assurances for some visas), the Department expects the sponsor to be able to fulfill this. If a sponsor is obviously unable (e.g., on unemployment benefits long-term), it doesn’t automatically refuse the visa, but in some cases the Department might ask how the couple plans to support themselves. Generally though, no specific income proof is required.
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Other obligations: The sponsor will sign an undertaking to provide information and advise the Department of any changes (for instance, if the relationship breaks down during processing, they should inform the Department – some don’t, but legally they agreed to). The sponsor also should not have any outstanding debts to the Australian government (or have arrangements to pay them) – large unpaid government debts could affect the visa outcome.
Document Checklist for Key Requirements
To demonstrate the above requirements, you’ll need to include evidence such as:
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Proof of identity and relationship: Passports and birth certificates for both applicant and sponsor; marriage certificate if married; for de facto, evidence of duration (joint leases, etc.) or relationship registration certificate.
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Proof of sponsor’s status: A certified copy of the sponsor’s Australian passport, citizenship certificate, or PR visa grant letter.
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Evidence of meeting in person: (especially important for fiancé visas, but also if de facto from different countries) – could be passport stamps, photos together, etc.
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Statements about relationship: Personal written statements from both of you detailing the history of your relationship and your mutual commitment.
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Form 888s (or equivalent statements): At least two statutory declarations from people who know you as a couple, attesting that your relationship is genuine.
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Police certificates: For applicant (each country 12+ months) and for sponsor (AFP check). These can be provided after application, but sooner is better.
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Health exam: Undergo the immigration medical and provide the eMedical referral letter. If you have any medical reports (e.g., for a chronic condition), you can include those.
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If either of you were previously married or in other long-term relationships: Provide divorce decrees or separation documents to show those have ended. The Department needs to be sure any prior marriage is legally dissolved.
Common Pitfalls to Avoid
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Not meeting the 12-month de facto rule: This is very common. Couples often think evidence of a serious relationship is enough, but the law specifies 12 months living together (unless waived by registration). If you apply at, say, the 6-month mark of living together without registration or a child, you will likely be refused for not meeting Schedule 3 criteria. Solution: wait, or register the relationship, or marry, before applying.
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Inadequate evidence of genuine relationship: Some couples apply with scant proof beyond a marriage certificate or a few photos. That’s usually not sufficient and can lead to refusal for not convincing the Department the relationship is real (Most common reasons why your Australian Partner Visa application is rejected). Provide comprehensive evidence across all areas of your life.
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Not obtaining consent for child (for step-children or dependent child additions): If the visa includes a step-child or dependent child from a previous relationship, you absolutely must have the consent of the other parent for that child to migrate. This is often overlooked and will halt that part of the application.
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Sponsor’s prior sponsorship not disclosed: If the sponsor has sponsored someone before or was sponsored themselves, declare it. The Department will see it anyway. If it’s within 5 years or a second time, address it upfront (with a letter explaining any compelling circumstances, if applicable).
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Misrepresentations: Lying about how long you’ve been together, or hiding a part of your history, is dangerous. The Department may invoke PIC 4020 (bogus documents or false info) which can lead to refusal and a 3-year ban. Be truthful, even if some truth (like an overlap of relationships, or a short de facto period) might seem unfavorable – it’s better to explain the context than to be caught in a lie (Most common reasons why your Australian Partner Visa application is rejected).
By following this eligibility checklist and providing thorough documentation, you’ll set a strong foundation for your partner visa application. Every couple’s situation is unique, but the core requirements are the same – proving the legitimacy of your relationship and meeting the legal criteria for partnership and sponsorship. Once you’re confident you tick all the boxes, you can proceed to assemble your application knowing you’ve covered the key requirements.
Partner Visa Fees and Costs: How Much Will Your Australian Partner Visa Cost?
Meta Title: Partner Visa Australia Cost – Fees, Charges and Other Expenses (2024)
Meta Description: A detailed breakdown of Australian partner visa costs in 2024. Learn about the visa application charge ($9,000+), additional applicant fees for children, the second instalment for Prospective Marriage visa holders, and other expenses like medicals, police checks, and migration agent fees.
One of the first questions couples ask is, “How much does a partner visa cost?” It’s no secret that applying for an Australian partner visa is expensive. In fact, it’s among the priciest family visas globally. It’s important to budget not just for the visa fee but also for associated costs. Below is a comprehensive look at the costs you can expect:
Visa Application Charge (VAC)
The government lodgement fee for a partner visa (which covers both the temporary and permanent stage) is AUD $9,095 for most applicants as of 2024. This fee is paid when you submit the application. It is a one-time fee – you do NOT pay again for the second stage (801/100). If the application is refused, the fee is not refunded (except in very limited circumstances).
The VAC tends to increase slightly each year on July 1st. For example, it rose from $# The Benefits of Professional Assistance in Australian Partner/Family Visa Applications
Meta Title: Do I Need a Migration Agent? – Benefits of Professional Help with Partner & Family Visas
Meta Description: Applying for a partner or family visa in Australia can be complex. Learn the advantages of hiring a registered migration agent or immigration lawyer – from avoiding costly mistakes and delays to improving your approval chances and reducing stress during the visa process.
Applying for a partner, fiancé, or family visa is not just an emotional journey but also a detailed legal process. Many applicants wonder if they should engage a migration agent or lawyer to assist, or if they can DIY the application. While it’s certainly possible to succeed on your own (and many do), there are several compelling benefits to seeking professional guidance. This article explores those benefits and when professional help is most recommended.
The Complexity and High Stakes of Family Visas
Australian immigration forms might appear straightforward at first, but the partner/family migration category can be surprisingly complex. Each case is unique, and immigration law has numerous regulations (and policy guidelines) that may affect your eligibility and how you should present your case. For example:
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Did you know a sponsor with certain criminal convictions can lead to an application refusal? Agents do (Family Migration Visas - McKkr’s).
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Are you aware of how to prove a 12-month de facto relationship without living together continuously? Agents know the alternatives (like relationship registration and compelling circumstances).
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Do you understand how to address the four aspects of the relationship in your evidence so that a case officer is satisfied? Many applicants don’t, and it leads to refusals (Most common reasons why your Australian Partner Visa application is rejected).
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If you have a prior visa refusal or a medical condition or a complicated family situation, do you know how to navigate those in the application?
The stakes are high – the partner visa fee is over $9,000 and a refusal means that money is gone (and your plans are derailed). In 2017–2018, about 42% of partner visa applications were refused (Most common reasons why your Australian Partner Visa application is rejected), often due to applicants not meeting requirements or not providing sufficient evidence. While refusal rates have improved with better information available, a significant number of refusals still occur because of mistakes or lack of understanding.
A good migration agent or immigration lawyer can mitigate these risks. Here are the key benefits they offer:
1. Expertise in Law and Procedure
Registered migration agents (RMAs) and immigration lawyers are trained in Australia’s Migration Act and Regulations. They must stay up-to-date with the latest policy changes and visa criteria. This expertise means:
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They can quickly identify potential issues in your case (for instance, if you don’t meet a requirement yet, or if a waiver may be needed).
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They know the precise documentation and wording required to satisfy legal criteria. Instead of you guessing what the Department wants, they will tell you exactly what’s needed.
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They are familiar with the online lodgement system and procedures. Simple errors like incorrect form selection or missing signatures on paper forms can lead to delays or an invalid application – agents ensure all formalities are correct.
In short, they know how to put together a decision-ready application that ticks the legal boxes, not just the emotional ones.
2. Avoiding Common Pitfalls and Mistakes
As mentioned, many partner/family visa refusals are due to application errors or insufficient evidence:
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Some applicants accidentally provide inconsistent information (e.g., different dates of when the relationship began on different forms). An agent will thoroughly review everything to ensure consistency.
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Some forget critical documents (like not submitting the sponsor’s police check, or failing to include translations) – an agent uses checklists and experience to prevent oversight.
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Many underestimate the evidence required to prove a genuine relationship, providing only a handful of photos and a couple of bills. An experienced agent will push you to gather more robust evidence and can advise on creative forms of proof you might not think of.
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If your case officer sends a Request for More Information, an agent will help craft a prompt and effective response. Missing an RFI or answering inadequately can lead to refusal; with an agent, that risk is minimized.
By avoiding these pitfalls, you save time and money in the long run. A single mistake can mean a refusal and starting over (or spending thousands on an appeal). As one migration firm points out, a well-prepared application is your best safeguard against refusal. Agents are essentially quality control for your application.
3. Guidance on Strengthening Your Case
Even if you technically meet the requirements, how you present your case can affect the outcome. Migration professionals often advise on:
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Which evidence to emphasize: They’ll identify the weak spots in your evidence and suggest how to strengthen them. For instance, if you lack joint finances, they might suggest getting affidavits from family or evidence of other commitments.
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How to write your personal statements: Many applicants struggle with telling their relationship story succinctly while hitting key points. Agents can guide you on what details to include to cover the Department’s concerns (e.g., how you share domestic duties, how you deal with conflict, future plans – all relevant to commitment).
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Preparing for possible interview: Although partner visa interviews are not always conducted, if they suspect anything, an interview may happen. An agent can hold a mock interview or at least brief you on common interview questions and best responses, so you’re not caught off-guard.
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Supplementary evidence: Agents know tricks of the trade, like obtaining a report of communication logs from messaging apps, or using Western Union receipts to show financial support, etc. They can suggest evidence types you might not realize carry weight.
This tailored guidance often makes the difference between a mediocre application and a compelling one.
4. Handling Complications and Special Cases
If your case has complications – perhaps the sponsor has a criminal record, or you haven’t met in person due to COVID travel restrictions, or you have a child with a previous partner who hasn’t given consent to migrate – an experienced practitioner will know how to handle it.
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They can write a legal submission to the Department explaining the situation, referencing policy or precedent to argue why the visa should still be granted. For instance, if you don’t meet the 12-month rule due to border closures, a lawyer can cite that as a compelling circumstance for waiver.
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In cases of family violence or relationship breakdown after obtaining the temporary visa, a lawyer’s help is almost essential to secure permanent residency through the special provisions. They’ll help you gather the required evidence (e.g., court orders, statutory declarations) to satisfy those rules.
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If a sponsor’s past is an issue (say, minor criminal history), they can help present evidence of rehabilitation and the genuine nature of the relationship to overcome Department concerns.
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Should things go wrong – if a visa is refused – a migration lawyer can represent you at the Administrative Appeals Tribunal (AAT). It’s critical to have representation in appeals, and having the same person who knows your case from the start is advantageous.
Essentially, for any scenario that’s not straightforward, having professional assistance greatly boosts your chances of navigating it successfully.
5. Reducing Stress and Saving Time
The partner visa process can be incredibly stressful: gathering endless documents, worrying if you’ve done it right, and then the long wait with the fear of refusal in the back of your mind. Hiring a professional can relieve a lot of that stress:
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They will give you a clear roadmap and checklist, so you’re not in the dark about what to do next.
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They manage the application lodgement, communication with the Department, and keep track of your deadlines. You won’t have to constantly check and worry you’ve missed an email from Home Affairs – they do that for you.
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For many couples, having a neutral third party (the agent) involved also reduces tensions – planning a wedding/move and doing a visa can strain a relationship. The agent can take on the bureaucratic burden, leaving the couple to focus on their personal preparations.
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If English isn’t your first language, an agent ensures nothing gets lost in translation. This can avoid misunderstandings that could cost you the visa.
Time is another factor: while you will still need to do work (you must collect documents and write your statements – the agent can’t fabricate those), an agent can significantly cut down time by telling you exactly what’s required (so you don’t spend days researching forums or redoing things). They also will prepare and lodge forms much faster than most novices could, since it’s routine for them.
6. Keeping Up with Changing Policies
Immigration rules change often. For instance, in late 2023 the government implemented new sponsor approval laws and is considering re-introducing English tests for partner visas, etc. If you’re not in the migration field, it’s easy to miss these updates. A migration professional will:
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Inform you if a rule change impacts your application (e.g., new forms or criteria).
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Advise if it’s better to lodge before or after a certain policy kicks in. Timing can matter; for example, avoiding a hefty fee increase by lodging before July 1, or rushing to register a relationship if a waiver policy might tighten.
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Ensure your application is in line with the current requirements, not what they were a year ago. Official Department checklists can lag behind policy changes, but agents get professional development updates through MARA and industry bodies.
Given partner visas are a dynamic space (e.g., processing priorities changed during COVID, or the sponsoring parent must now provide police checks where it wasn’t enforced strictly before, etc.), having someone on top of those changes is valuable.
7. Representation and Follow-Up
When you have an agent, they are officially recorded as your authorized recipient. This means:
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The Department will correspond with them regarding your application. They will get the emails or calls, and they will know how to respond properly. This ensures that if a case officer has a concern, it can be addressed promptly and professionally.
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They can communicate on your behalf. If you feel uncertain how to explain something to Home Affairs, your agent will do it in the appropriate manner. Direct applicant communications sometimes inadvertently say the wrong thing or too much; an agent knows how to stick to relevant facts.
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In case of delays beyond normal, an agent knows the avenues to inquire. They can send a professional request for update if your application is way outside published processing times (whereas applicants might not know whom to contact or how).
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Should an interview be required, some lawyers can even attend (for example, at the AAT stage a lawyer can represent you). While that’s beyond the application proper, it’s a form of support if things get complex.
When Should You Especially Consider Professional Help?
While many partner visa applicants use agents, in some scenarios it’s highly advisable:
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History of visa refusals or cancellations – if the applicant or sponsor has had immigration troubles before, don’t risk another without guidance.
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Criminal or health issues – any character or medical waivers needed absolutely get an expert involved.
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Not meeting standard criteria – e.g., can’t prove 12 months de facto, or haven’t met in person for a Prospective Marriage visa – these need careful argument.
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Complicated family situations – such as custody issues for kids, or previous sponsorships.
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Appeals – if you’ve been refused and are appealing to the AAT, a lawyer or agent’s representation can make or break the outcome due to the legal nature of appeals.
If your case is very straightforward – e.g., married for years, have kids together, both have no prior issues – you might successfully DIY with diligent research. But many “straightforward” cases still hit snags because the applicants didn’t present evidence well or weren’t aware of a nuance.
Consider an initial consultation with a reputable migration agent if you’re unsure. Many offer one-off consultations for a few hundred dollars; they can assess your case and honestly tell you if you need full representation or if you seem okay on your own (and give tips if you proceed by yourself). This can be a good middle-ground if budget is a concern.
Remember, all migration agents in Australia must be MARA-registered. Check the OMARA website to verify any agent’s registration number. Immigration lawyers will also often be MARA agents; if not, they operate under legal professional licensing. Steer clear of unlicensed “consultants” – only MARA agents and Australian legal practitioners can lawfully give immigration assistance.
Cost-Benefit Perspective
Yes, hiring an agent or lawyer costs additional money – sometimes several thousand dollars. But weigh that against:
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The $9,000+ visa fee and the risk of losing it if refused.
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The potential emotional and financial cost of having to reapply or appeal (appeal fees are ~$3,000, plus legal fees, plus another long wait separated in some cases).
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The value of your and your partner’s peace of mind during the process.
For many, this makes the decision to get help a worthwhile investment. One migration law firm even noted that clients often come to them after a DIY refusal, wishing they had used a professional initially – and while appeals can succeed, it’s more stressful and costly than doing it right the first time.
In conclusion, while not mandatory, professional assistance in partner and family visa cases offers expertise, reduces errors, and can significantly increase your chances of a smooth approval. It’s like having a seasoned guide for a challenging journey. If your case has any complexity, or if you simply want the reassurance of knowing visa experts are handling your application with you, engaging a migration agent or lawyer is strongly beneficial. Then you can focus on the exciting parts of your new life together in Australia, rather than the paperwork.
How to Apply for an Onshore Partner Visa (820/801): Step-by-Step Guide
Meta Title: How to Apply Onshore for an Australian Partner Visa (820/801) – Step by Step
Meta Description: A step-by-step guide to applying for a partner visa onshore in Australia. Learn about eligibility (820/801 visas), required documents, ImmiAccount online lodgement, bridging visas, and tips for a successful onshore partner visa application.
Applying for a partner visa within Australia – the subclass 820/801 (temporary and permanent) – is a common pathway for couples where the foreign partner is already in Australia on a temporary visa. The onshore process has its own nuances, including the grant of a bridging visa during processing. This guide will walk you through the process step by step, from checking your eligibility to submitting your application and beyond.
1. Ensure Eligibility for Onshore Application
Before anything, confirm that you:
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Are in Australia on a visa that allows onshore partner visa application. The most crucial part: you must not have a “No Further Stay” condition (8503, 8534, 8535) on your current visa. If you do, you’ll need to get it waived or else you cannot lodge a partner visa onshore.
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Are either married to or in a de facto relationship with your Australian partner (see earlier articles for detailed relationship criteria). If de facto, ensure you meet the 12-month living together requirement or have your relationship registered, etc. If you’re on a Prospective Marriage (subclass 300) visa that you entered Australia on, you should marry before applying for the 820.
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The Australian partner is eligible to sponsor (18+, citizen/PR, hasn’t exceeded sponsorship limits, etc.).
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Both of you are in Australia at time of application (the applicant must be onshore to validly apply for 820).
Also consider timing: if the foreign partner’s current visa is expiring soon, you’ll want to lodge the partner application before it expires to get a bridging visa.
2. Gather Required Documents
It's wise to start collecting documents well before you lodge. Key documents include:
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Identity documents: Passport of applicant (bio page), birth certificate if available; passport or citizenship certificate of the Australian partner.
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Relationship evidence: This is the bulk (see Article 13 on proving a genuine relationship). Gather bills, lease, bank statements, photos, travel itineraries, chat logs, social media screenshots, invitations – anything that demonstrates your life as a couple. Also get at least two Form 888s (or statutory declarations) from friends/family who can vouch for your relationship. If you have a marriage certificate, include that.
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Relationship timeline: Many couples prepare a typed statement or timeline of their relationship covering how they met, milestones, meeting families, etc. This will help when filling the form and can be submitted as a statement as well.
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Police clearances: Apply for an Australian Federal Police (AFP) check for the applicant (if they’ve spent 12+ months in Australia) and definitely for the sponsor (sponsors must provide this). Also obtain police certificates for any country the applicant lived in for 12+ months. Some of these can take time (weeks or months), so initiate this early.
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Health examination: You can do the health exam upfront or wait for the Department’s request. Many do it upfront to avoid delays. You’ll need to generate a HAP ID via ImmiAccount (you can actually start the online application to get this, or an agent can generate one) and then book with a panel doctor. The results go straight to Home Affairs electronically once done.
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Other supporting docs: If either of you were previously married, get divorce papers. If you have children (from this relationship or prior), get their birth certificates. If the applicant or sponsor has a name change, prepare evidence (marriage cert, deed poll). Also, a passport-sized photograph of applicant and sponsor is recommended (some forms ask for it).
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Visa-specific documents: A scan of the applicant’s current Australian visa grant notice (to show they are onshore lawfully) and any evidence of condition waivers if relevant.
Tip: Create a document checklist and tick off items as you prepare them. This ensures you don’t forget anything crucial.
3. Create your ImmiAccount and Start the Online Application
All partner visa applications are lodged online via the Department’s ImmiAccount system:
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Go to the Home Affairs website and log in or create an ImmiAccount for the applicant. (If using an agent, they will lodge through their own portal.)
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Once logged in, select “New Application”, then find Partner visa (subclass 820/801).
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The application form is lengthy. It will ask for info about the applicant (personal, travel history, addresses, employment, etc.), the sponsor, and details about the relationship. There are specific sections to input how you share finances, household, etc. Take your time to fill these out accurately. Use your prepared notes to ensure dates and stories align. For example, you’ll list important dates like when you met, started relationship, moved in, got engaged/married – make sure these match your statements and evidence.
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Attach documents: You don’t have to attach everything at the time of submission (you can attach afterward), but you can start uploading documents while filling out the form or save the application and upload later. Ensure each required field (identity, relationship, character) has some documents attached. The system allows many attachments, categorized by type. For relationship evidence, try to spread documents across the categories (financial, social, etc.) as much as possible.
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Payment: At the end of the form, you’ll be prompted to pay the fee (AUD $9,095). Be ready with a credit card unless you plan to pay via another method. Once payment is made, the application is formally lodged.
After submission, ImmiAccount will generate a bridging visa grant notification (more on that next) and a receipt. You’ll also get a request checklist (e.g., prompting for police checks, health checks if not provided).
4. Bridging Visa A – Staying in Australia During Processing
Upon successfully lodging the 820 application, the applicant will be granted a Bridging Visa A (BVA). Key points:
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The BVA will come into effect only when the applicant’s current substantive visa expires. For example, if you applied while on a tourist visa that expires next month, the BVA will kick in next month, allowing you to remain lawfully.
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The BVA granted for partner visa applicants typically has full work rights and study rights (What are the Changes to the Australian Partner Visa? | LegalVision) (unrestricted). It also allows enrollment in Medicare (use the BVA grant letter and partner visa application acknowledgment to sign up for Medicare).
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No travel rights: BVA does NOT let you travel outside Australia and return. If you need to travel while on the BVA, you must apply for a Bridging Visa B (BVB) which allows one or multiple trips. Plan travel carefully and get a BVB before leaving, otherwise the BVA will cease when you depart.
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Keep the BVA grant notice safe. It shows the visa grant number and conditions (usually “Nil” conditions, meaning no restrictions, which implies work is allowed).
If the applicant is on a visa that stays valid for a long while (say a student visa with a year left), the BVA will be granted but remain inactive until that student visa expires. Some applicants in that situation choose to withdraw their current visa to activate the BVA (not common, and not advised without careful thought, since you might have reasons to keep the current visa’s benefits). Most will just let it sit until needed.
5. Sponsor’s Sponsorship Form (ImmiAccount)
Parallel to the applicant’s application, the Australian partner (sponsor) must submit a Sponsorship for a Partner Visa (Form 40SP). This too is done online now:
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The sponsor should create their own ImmiAccount (or use the applicant’s ImmiAccount by logging in as them – there is now an option to link the sponsorship).
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There is a specific online form for the sponsor which asks for personal details, information about the relationship from the sponsor’s perspective, and importantly disclosures about any criminal history (particularly any offenses of a violent or sexual nature, or involving children). Sponsors must answer these honestly. Having certain serious convictions doesn’t automatically disqualify you, but it will be assessed and the visa can be refused if it’s deemed the applicant could be at risk (Family Migration Visas - McKkr’s).
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The sponsor form is typically required within a certain time after the visa application. Ideally, complete it around the same time as the main application or shortly after. The Department will not finalize the visa without the sponsorship form.
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The sponsor will need to upload an AFP police check for themselves to this application, and any other requested documents (proof of citizenship, etc., though these might already be in the main application).
If the sponsor has certain criminal records, the Department may request more info or documents (like court records). This can all be handled through the upload function in ImmiAccount.
6. After Lodgement – What Next?
Once the application and sponsorship are lodged, you are officially in the queue for processing. Now:
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Acknowledgement: You should receive an acknowledgement email of the visa application. This, together with the BVA grant, confirms you can legally stay in Australia while awaiting a decision.
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Medicare: As an onshore partner visa applicant with a BVA or still on a substantive visa with permission, you likely qualify for Medicare (Australia has arrangements to cover partner visa applicants). Take your passport, BVA letter, and acknowledgment to a Medicare office to sign up.
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Uploading additional documents: You can continue to upload evidence via ImmiAccount even after submission (and you should, as you gather more). For example, when your police checks arrive, upload them under “Character – Police Certificate”. If you didn’t do health exam yet, the Department will usually send a “Health Examination request” in your ImmiAccount with a HAP ID – you then do the medical and it auto-updates to “Health clearance provided” once done.
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Waiting: Onshore partner visa processing can take 12–18 months (refer to Article 7 on processing times). During this time, you as an applicant can live your life in Australia – work, study, etc. It’s a good idea to keep evidence of your continuing relationship during this wait (joint trips, new lease agreements, etc.), because when it comes time for the permanent 801 stage (usually 2 years after application), you’ll need to show the relationship continued. Also, if the Department asks for an update or additional info on the 820, you’ll have recent evidence to provide.
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Travel on BVA: If you need to leave Australia for a short trip (emergency or even a planned holiday), apply for a Bridging Visa B. This is done through ImmiAccount as well (“New application” > “Bridging Visa”) and usually granted in a few days. It will allow you to depart and re-enter once or multiple times within a specified period (you’ll nominate travel dates). Upon return, you fall back on your BVA. If you leave without a BVB, your BVA will cease and your partner visa application can be considered withdrawn – avoid this scenario by always securing a BVB.
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Communication from Home Affairs: Typically, after lodging, you might not hear much for many months. Don’t panic; that’s normal. If they need something, they’ll email you (or your agent if you have one). Always update your contact details in ImmiAccount if they change. Check your email’s spam folder occasionally to ensure you don’t miss any Home Affairs emails.
Your Bridging Visa A keeps you lawful throughout, even if your initial visa expires while waiting. Remember, the BVA has no travel rights – always get a BVB for travel.
7. Decision: Temporary 820 Visa Grant
When the Department finalizes this first stage, they will grant the 820 Temporary Partner Visa. You (and your sponsor) will get a grant notification by email. Congrats – you are now an Australian temporary resident!
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The 820 visa allows you to remain in Australia with full work/study rights and you can continue on Medicare. Travel is permitted (the 820 lets you exit and re-enter freely).
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The visa will be valid until a decision is made on the permanent 801 visa (usually about 2 years after your original application date). The grant letter won’t have an exact expiry, often it says “indefinite” or “pending 801”.
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Bridging Visa A ceases once 820 is granted, since now you’re on a substantive visa (820).
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Importantly, the clock toward citizenship starts now (820 holders are permanent residents-in-waiting for citizenship residency requirements – actually the time spent on 820 counts once you become 801 for citizenship calculations).
Sometimes, if you have been in a very long-term relationship or have children, the Department might grant the 820 and 801 together (skipping the wait) – but this is more common for offshore 309/100. Onshore, they often still stage it.
If, unfortunately, the application is refused, you have rights to appeal (because you’re onshore) within a strict time. This scenario is hopefully avoided if you prepared well (and possibly had professional help). If it happens, seek legal advice immediately, as you’ll be on a Bridging Visa E during appeal which has implications.
8. Next Steps: Permanent 801 Visa Stage
Applying onshore is a two-stage process. About 24 months after your initial application, the Department will invite you to provide additional information for the subclass 801 (the permanent residency). They usually send a letter or email when the time comes, with instructions to log into ImmiAccount and click “Stage 2 – Permanent Partner visa”. You’ll then:
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Fill out a shorter form confirming your relationship status (still together or if separated).
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Provide updated evidence of your relationship since the 820 was granted (or since application if 820 still pending). This includes newer bills, leases, trips, maybe more Form 888s from people who can comment on the last two years of your relationship.
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Provide any new police checks (you and sponsor) to cover the period since the first application. Yes, they often ask for fresh AFP checks to ensure nothing happened in the interim.
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If you’ve had a child in that period, definitely include their birth certificate and evidence the sponsor has added the child to family Medicare, etc.
If your relationship is ongoing and healthy, stage 2 is usually straightforward. Within a few months of submitting the stage 2 info, the 801 visa is granted – you are now a permanent resident of Australia.
(If the relationship unfortunately broke down during the temporary visa period, there are exceptions where you may still get PR: if domestic violence occurred, or if you have a child together (What are the Changes to the Australian Partner Visa? | LegalVision), or if the Australian sponsor died. Those are complex scenarios requiring evidence for those specific circumstances. Ideally, none of those apply and you both are together and well.)
Tips for a Smooth Onshore Application
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Lodge as early as possible (before current visa expires) to get on the bridging visa and start the process rolling.
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Front-load police and health if you can, to avoid delays later.
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Don’t violate current visa conditions while waiting (e.g., if on a tourist visa with no work condition, don’t work until the BVA with work rights kicks in).
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Stay organized: Keep copies of everything you submit. Maintain a file of new joint documents that come in during the wait, so you have them ready for stage 2.
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Be truthful: Misrepresenting facts on your application can lead to refusal and a ban (PIC 4020) (Most common reasons why your Australian Partner Visa application is rejected). If you have a tricky situation, it’s better to explain it (or get an agent to help present it) than to hide it.
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Utilize services: Enroll in Medicare (saving health costs), and if eligible, English classes or other settlement services that partners of Australians can sometimes access.
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Travel carefully: Only travel on a BVB and return before it expires. If your BVB is close to expiring while you’re abroad and your 820 might be decided, try to be back in Australia – the 820 can only be granted if you are onshore at that moment (just as you had to be onshore to apply). If not, the Department can’t grant it until you return. So plan trips around major application milestones if possible.
Applying onshore offers the advantage of being with your partner in Australia during processing, which for many is invaluable. By following these steps methodically, you’ll maximize your chances of a quick and successful outcome. Once that 820 is granted, you can truly settle in – work in your field, pursue studies, and integrate into Aussie life as you await the final permanent residency seal of the 801. The onshore partner visa journey requires patience and diligence, but the reward – the ability to build your future in Australia with your loved one – is well worth it.
How to Apply for an Offshore Partner Visa (309/100): Step-by-Step Guide
Meta Title: Applying for an Offshore Partner Visa (Subclass 309/100) – Step by Step
Meta Description: A guide to applying for an Australian partner visa from overseas (subclass 309/100). Covers eligibility, required documents, online lodgement via ImmiAccount, processing times, and tips for couples applying while offshore.
If you’re outside Australia and in a committed relationship with an Australian, the offshore partner visa subclass 309/100 is your pathway to join them. This is a two-stage visa (309 temporary, leading to 100 permanent) similar in outcome to the onshore 820/801, but the process and experience have some differences. Here’s a step-by-step guide for offshore applicants and their partners.
1. Ensure Eligibility and Choose the Right Visa
First, confirm that you and your partner meet the relationship requirements – married or de facto (or prospective marriage, if you plan to marry – that would be a different visa subclass 300). For the 309/100:
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You can apply if married or de facto. If you’re engaged and not yet married, consider the Prospective Marriage (fiancé) visa instead, as you generally need to be married or 12+ months de facto for a partner visa (unless you qualify as de facto by registration or other exemption).
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The Australian partner must be eligible to sponsor (not barred by sponsorship limitations or character issues).
Crucially, the applicant must be outside Australia to lodge the 309 visa and also outside Australia at the time of the 309 visa decision. If you’re already in Australia, you should look at the onshore 820/801 process instead (discussed in the previous article).
Ensure your passport is valid for at least 2-3 more years (to avoid having to update details mid-process).
2. Gather Relationship Evidence and Documents
Offshore partner visa applications require similar evidence as onshore:
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Identity documents: Passport biographical page (and any passports used during the relationship for travel stamps), birth certificate of applicant if available. For the sponsor: copy of passport or citizenship certificate, or proof of PR status.
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Marriage certificate if married; or proof of 12-month de facto (joint lease, bills, etc.) or relationship registration certificate if you have one.
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Evidence of your relationship: Since you’ve likely spent time apart due to being in different countries, pay special attention to proving you maintained the relationship over distance. This could include:
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Flight tickets and passport stamps for visits to each other.
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Photos of time spent together (holidays, meeting each other’s families).
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Chat logs, email printouts, call histories showing frequent communication. You don’t need every conversation, but samples across the relationship (e.g., one per month) to show consistency. Some applicants export WhatsApp or Facebook chat histories – even if not translated, these show volume and frequency.
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Money transfers or remittance receipts if you supported each other financially while apart.
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Any shared memberships, plans, future bookings (e.g., booked wedding venue if engaged, or joint bank account if opened).
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Statements from friends/family (Form 888 or local equivalent if outside Australia – foreign statements can be considered if sworn/affirmed before a notary or official).
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Police clearances: Both applicant and sponsor should get police certificates. The sponsor needs the Australian AFP check (even if they live abroad now, if they spent cumulative 12+ months in Australia since age 16). The applicant will need for any country they’ve lived 12+ months (which likely includes their home country and perhaps Australia if they previously stayed there long-term).
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Health exam: You can choose to do the medical upfront or wait for the request. Offshore, sometimes people wait for a cue from the Department (since processing might take a while, doing it too early could risk expiration if the case is slow). The medical is valid 12 months. If your case might take longer, you could hold off until requested or until the Department explicitly asks you to do it (they often pre-request after application lodgement for partner visas).
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Proof of sponsor’s residence: If the sponsor is living with you abroad, they can still sponsor you (there’s no requirement they be in Australia at time of application, but they should show they consider Australia home and might be returning). It may help to include a statement about your plans to move to Australia, etc., especially if both of you have been abroad for a long time. If the sponsor is in Australia and you’re abroad, no issue.
Organize documents by category (identity, relationship-financial, relationship-social, etc.) as you’ll be uploading them similarly.
3. Create ImmiAccount and Lodge the 309 Application Online
Offshore partner visas are lodged online as well (the paper method is virtually phased out). Steps:
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The applicant (or agent) creates an ImmiAccount on the Home Affairs website.
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Start a new application for “Partner Visa (apply overseas)” which corresponds to subclass 309/100.
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Fill out the form with personal details, relationship details (similar to the onshore form). You’ll have to enter addresses for both of you, how communication is maintained, financial arrangements, etc. Provide as much detail as fits. Where needed, write “see statement” and later attach a personal statement covering that detail.
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Attach documents: You can begin attaching documents in ImmiAccount immediately or after paying. Key attachments include passports, birth certificates, relationship evidence, etc., as listed above. For anything not in English, attach NAATI-certified translations (or certified translations acceptable to Home Affairs). Each file must be under a size limit (usually 5 MB), so sometimes you may need to split PDFs (e.g., 100 photos might be split into a few PDF files by year or event).
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After filling in everything, the system will prompt for payment of the visa application charge. Pay by credit/debit or other available methods (for offshore, credit card is easiest; if in a country with limited payment options, see Home Affairs instructions for alternatives).
Once you submit and pay, you’ll get a TRN (Transaction Reference Number) and a confirmation of application submission. Unlike onshore, you won’t get a Bridging Visa (since you’re not in Australia, none is needed). Your status outside remains whatever it is (you might need to maintain your own legal status in your current country while waiting).
You will also be issued (usually instantly in the system) a request for the sponsor to complete the sponsorship form online (very similar to the onshore process).
4. Sponsor Submits Sponsorship Form
The Australian partner must lodge their Sponsorship for a Partner (Form 40SP) via ImmiAccount. The process is:
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The sponsor either creates their own ImmiAccount or logs in via a link code provided to the applicant’s ImmiAccount.
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The sponsor fills in personal info, character history, and information aligning with the applicant’s application (addresses, how long known each other, etc.).
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The sponsor attaches their police check and any supporting documents like proof of citizenship and the sponsor’s statement about the relationship (if not already covered in the applicant’s evidence).
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Submit the sponsorship. Note there is no fee for the sponsorship form.
It’s important the sponsorship is lodged fairly soon after the main application (ideally within a couple weeks). The Department cannot grant the visa without an approved sponsorship, and delaying this could delay the final decision.
5. After Lodgement – Waiting Period and Next Steps
Now comes the waiting period. Offshore partner visas can take around 12–18+ months (though some are faster, and some slower – see Article 7 on processing times). Here’s what to do and expect during this time:
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Acknowledgement: You’ll typically get an acknowledgment email with your application details and often a checklist of outstanding items. For example, it might list “Police Certificate – [Home Country]” or “Sponsor’s police certificate” as required if not yet uploaded. Use this as a guide to provide any missing documents promptly.
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Request for Health Exam: Often, a few months after lodgement (or sometimes soon after), the Department will issue a request for the applicant to undergo the health examinations. This will appear in ImmiAccount (and you may get an email). At that point, generate the HAP ID (if not already) and complete the medicals. Doing the medical earlier or later doesn’t necessarily affect queue position, but delaying it too long could hold up a decision when a case officer is ready to finalize your visa.
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Additional information: The Department may contact you for further info while processing. For example, if any documents are unclear or if they want an updated relationship statement (especially if your processing drags on beyond, say, 18 months, they might check if relationship is still ongoing and ask for new evidence). Be sure to check email regularly (including spam folder) or your ImmiAccount messages every so often. Respond within the timeframe given (usually 28 days).
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Communication with Home Affairs: All correspondence will typically be via email/ImmiAccount. Ensure they have your current email and postal address. If you move countries or change contact info, update your ImmiAccount or submit Form 929/1022 as needed to inform them.
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Maintain the relationship: This might sound obvious, but continue to keep records of your relationship during the wait. Save screenshots of video calls, keep travel tickets of any meet-ups, etc. Hopefully you won’t need to provide all of it, but if asked for an update, you’ll have it. And definitely you will need it when the permanent 100 stage is considered about two years after application.
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Stay organized: Make a folder for all your visa documents and keep copies. It can take over a year before a case officer reviews everything in detail, so having it organized helps if you need to refer back or resend something.
Importantly, keep your Australian sponsor informed of any contact from the Department as well (and vice versa). Sometimes Home Affairs might call the sponsor’s phone to verify something – ensure the number you gave is active and that the sponsor is prepared to answer questions to confirm details if needed.
6. Continue Your Life While You Wait
One challenge of the offshore process is the couple is often apart during the wait, which can be hard. Here are some tips:
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The applicant might consider getting a visitor visa to spend time in Australia during processing. This is common and allowed. Just note:
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You must declare in any visitor visa application that you have a partner visa in progress (it won’t usually be a problem; many have gotten visitor visas granted while waiting).
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A visitor visa is temporary – you must still convince them you’ll obey its conditions (like you won’t overstay). Having a partner visa pending doesn’t guarantee a visitor visa, but many manage it for short visits.
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If you do visit Australia, do not attempt to stay and wait out for a grant on the visitor visa – the partner visa 309 can only be granted while you are offshore. If a case officer is ready to grant and finds you in Australia, they will have to contact you to depart the country before they can grant the 309.
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Also note, even if you’re in Australia on a visit, you cannot convert the 309 to an 820 internally – you must see the 309/100 process through (unless you withdraw and reapply onshore, which would be wasting time/money).
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Use the time apart to prepare for the move: organize shipping of personal items, tie up things in your home country, perhaps work extra and save money for the relocation.
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Emotional strain can be significant; keep communication with your partner strong. The fact that you have an application in process at least provides some certainty that an end is in sight.
If circumstances change – e.g., you get married (if you were de facto when applied, marrying during processing is fine – send the marriage certificate to add to your file), or you have a baby – update the Department. A baby born to you while the visa is in process can be added to the application (they’ll need a passport for the baby and medical, but no additional fee). Positive changes like marriage or a newborn may actually help your case (demonstrating even stronger ties).
7. Visa Outcome – Subclass 309 Grant (Temporary Residence)
When the Department is satisfied, they will grant the subclass 309 provisional partner visa. You (the applicant) will receive a grant notification by email. At this moment:
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You must be outside Australia. Often, the Department will actually check your entry/exit records and current location before granting. If they find you onshore, they may notify you to go offshore so they can finalize the grant. (Sometimes if you happen to be onshore and they grant in error, that can cause issues – best to avoid being in Australia when you suspect the decision is close).
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The 309 visa is a temporary visa that allows multiple entry to Australia. It’s generally valid indefinitely until a decision is made on your permanent 100 visa. In practice, you’ll move to Australia on the 309 and then a year or so later get the 100 PR.
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Once the 309 is granted, you can enter Australia and live, work, study like any other temporary resident. You can enroll in Medicare (since partner visa applicants from many countries are eligible once holding a temporary partner visa).
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If you hadn’t yet married and were engaged, note that once on 309, you must marry before the permanent stage (unlike the Prospective Marriage visa, the 309 doesn’t explicitly require a deadline for marriage, but by the time of the 100 stage, if you claimed you’d marry, they’ll expect you have).
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Travel freedom: The 309 lets you travel in and out of Australia freely. No need for bridging visas, etc., since it’s a substantive visa.
Celebrate this milestone – the hardest part of being apart should be over as you can now join your partner in Australia.
8. The Permanent Stage – Subclass 100
Around 24 months after the initial partner visa application date, the Department will invite you to provide evidence for the subclass 100 permanent visa. You’ll log in to ImmiAccount, fill out stage 2 (similar to the onshore case):
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Confirm your relationship status (hopefully still together – if separated, you must inform them as it can affect eligibility unless exceptions apply).
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Provide updated evidence of your relationship since the 309 was granted (or since application if you moved soon after). By now, you likely have lots of new proof – joint utility bills in Australia, maybe a rental or house purchase, perhaps a joint bank account with regular transactions, photos of life in Australia, etc. This all shows you continued a genuine relationship.
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New police checks for applicant in Australia and any other country needed (and possibly for sponsor again).
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If you’ve had a child together in the interim, definitely include that.
The 100 stage is usually straightforward if nothing major changed. A few months after submitting the stage 2 info, you’ll get 100 visa grant – that is your permanent residency. The 100 grant is often done without an interview (since by now you’ve proven a lot). You must be either onshore or offshore for the 100 grant – unlike the initial stage, it doesn’t matter where you are at time of decision (usually you’ll be in Australia, which is fine).
Once 100 is granted, you cease being a 309 holder and become a permanent resident. That opens the door to additional benefits and starts your eligibility clock for citizenship down the line.
Tips for Offshore Applicants
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Plan visits wisely: While waiting, visiting Australia can be great, just remember to depart again for the grant. The Department often gives a heads-up (“exit Australia within 28 days for visa grant”). Staying in close communication with your case officer (or checking email frequently) ensures you won’t accidentally be onshore when they try to grant.
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Manage expectations: Offshore processing can sometimes be slower than onshore due to workload in certain embassies. If you see on forums that some people from your country are waiting, don’t panic – each case varies. If your wait far exceeds the norm and you’ve had no word, your sponsor (or agent) can politely inquire via the Australian mission or Department contact channels.
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Use the time productively: Though hard to be apart, this waiting period can be used to improve your future prospects – e.g., the applicant could take English classes or skill courses, look into job opportunities in Australia, etc., so that once you land, you’re ready to integrate.
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Stay compliant: If the applicant lives in a country other than their citizenship while waiting (for instance, the couple temporarily stays in a third country), ensure the applicant maintains legal immigration status there. You don’t want to become undocumented anywhere – it’s not directly Home Affairs’ issue, but it can complicate getting police clearances or medicals.
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Keep evidence of ongoing contact: If apart, keep chatting and save some logs, send each other care packages or money and keep receipts – anything to show your relationship didn’t fizzle while waiting. It’s rare the Department asks, but it’s good to have.
Applying offshore is logistically more challenging due to the distance, but thousands of couples succeed each year. By meticulously following the application steps and providing thorough evidence, you put yourselves in the best position for a smooth approval. The day you get that 309 grant notification and can book your one-way flight to Australia to reunite with your partner will make all the patience worth it. Then, as you build your life in Australia together, the final 100 PR will come in due course, and you’ll truly have closed the distance for good.