At Nevett Ford, we recognise the importance of family bonds and the desire to build a future with your spouse or partner. We aim to bring loved ones back together and facilitate a smooth immigration process for them.
Our partner visa immigration lawyers have over 20 years of expertise in assisting thousands of couples in obtaining partner visas to reside permanently in Australia. We are also committed to ensuring that the LGBTQIA+ communities have more transparent access to Australian migration law services.
At Nevett Ford, our lawyers specialise in preparing “decision ready” applications to ensure we receive a quick and positive decision from the Department of Home Affairs. Our team is trained to identify any weaknesses in your case and ensure we provide the strongest application possible on your behalf. If you are applying for a partner visa, contact our partner visa lawyers in Melbourne today – we will be happy to assist you!
Types Of Partner Visas We Cover
Subclass 820 and 801 Onshore Partner Visa
The 820 visa is a provisional onshore partner visa that allows you to live with your spouse or de facto partner in Australia, who is either an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
The 801 visa is a permanent partner visa that allows you to continue living in Australia permanently with your partner if you hold the 820 visa. Once granted, you can live, study, and work in Australia permanently.
You must be in Australia when you apply for these visas.
Subclass 300 Prospective Marriage Visa
This visa subclass is a provisional partner visa lodged outside of Australia. Applicants must enter Australia within the specific time on their visa grant letter, get married, and apply for a subclass 820/801 visa.
Subclass 309 and 100 Offshore Partner (Migrant) Visa
The 309 visa is a provisional offshore visa allowing you to live, study, and work in Australia temporarily until a decision is made on your permanent partner visa. You must be outside Australia when applying for this visa and when a decision is made on this visa’s status.
Meanwhile, the 100 visa is a permanent offshore partner visa that allows you to live, study, and work in Australia permanently. You must hold the 309 visa for two years and be in an ongoing relationship when applying for this visa. You can apply for this permanent partner visa while in Australia.
Subclass 445 Dependent Child Visa
This visa allows a child to stay in Australia temporarily while their parent’s permanent partner visa application is completed. The child can also work, study, and travel to and from Australia with this visa. They must be a dependent of the visa-holding parent and be sponsored by the nominator or sponsor of the visa-holding parent.
Subclass 461 NZ Citizen Family Relationship
The 461 visa is a temporary visa for a person who is not a New Zealand citizen but is a family member of one. It allows you to live and work in Australia for five years and travel to and from Australia as often as you want while the visa is valid. You can also reapply for the visa.
If you are offshore, you can apply for the subclass 461 visa without holding another type of visa first. However, if you are onshore, you must have a substantive visa when you lodge your application. If not, you will need to show you do not hold a visa because of factors beyond your control and that there are compelling reasons to grant you a subclass 461.
Partner Visa Application Process
Applying for a partner visa is a two-stage process. You can apply for both a temporary and permanent visa in one application at the same time.
Stage one: Temporary Partner Visa (Subclass 820 or 390)
If you submit your partner visa application while abroad, you must also be abroad when the temporary visa is granted and vice versa.
Once the first stage of your partner visa process is granted you will officially be a temporary resident of Australia. Once your 820 or 309 is granted, you will have permission to travel to and from Australia until a decision is made on your permanent visa application, and you can work and study in Australia.
Stage two: Permanent Partner Visa (Subclass 801 or 100)
Your relationship will be reassessed after a prescribed period, and you will be granted a permanent partner visa if you continue to meet all legal requirements and provide the necessary documents.
Additionally, you may be granted a permanent partner visa at the time of lodging the stage one application if you meet the following criteria:
● You have been in a relationship with your partner for five years or more (as a married or de facto partner), or
● You and your partner have been married or in a de facto relationship for two years and have children.
If you submit your partner visa application while abroad, you can be anywhere when the permanent visa is granted. However, if you submit your application in Australia, you must be in the country when this visa is granted.
The requirements for a partner visa application are extensive and complex. Our partner visa lawyers are well-equipped to assist you throughout the application process, ensuring that it is properly prepared and managed so that your visa is granted as quickly as possible.
Frequently Asked Questions
What is an Australian Partner Visa?
It is a permanent and temporary long-term visa for foreigners who are either married to or in a de facto relationship with an Australian citizen or permanent resident. It comprises offshore and onshore visas.
If you are applying for a partner visa based on marriage, you must be legally married to your Australian partner. On the other hand, if you are applying before marriage, de facto partners must show proof they have been in a genuine and ongoing de facto relationship for 12 months before submitting their application, and that they live together and do not live separately and apart permanently. If you have not been living with your partner for 12 months prior to the first stage application, please book a consultation with us to discuss how this can be overcome.
Who is eligible to sponsor a partner visa?
Any citizen of Australia, permanent resident of Australia, or any eligible citizen of New Zealand. Your partner must sponsor you for two years – after which you may be eligible for permanent residency if the relationship is still genuine and ongoing.
Can I apply for a partner visa before marriage?
Yes, you can. Under the de facto criteria, you must have lived with your partner for at least 12 months. However, keep in mind that the 12-month living together requirement could be waived in some cases.
De facto partners must also prove in their application that their relationship is genuine and continuing and that they do not live separately and/or apart permanently.
What could be the possible causes for my partner's visa to be denied?
● Insufficient evidence was submitted to the Australian Department of Home Affairs (DHA)
● Failure to upload the correct witness declarations
● Failure to respond to additional DHA inquiries in a professional manner
● The sponsor was not eligible, has a history of domestic violence, and/or has a criminal record.
● The case officer is not satisfied you are in a genuine and ongoing relationship based on the evidence provided in your application.
● A Request for Further Information was not responded to within the specified time frame given by the case officer.
What documents are needed for my partner visa?
● Essential application forms
● Identification documents
● Relationship history documents (marriage certificate, proof of genuine relationship through financial, social, photos, etc., and statements of partners).
However, the documents vary depending on the circumstances. Please contact our partner visa immigration agents in Melbourne to assess your situation and get advice on the right documents to prepare for your visa application.
What are the requirements for an Australian partner visa?
● 18 years old or older
● Married or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen
● Do not have any previous visa cancellations and have complied with the conditions of your past visa, and
● Able to meet the health or character requirements designated by the Australian Department of Home Affairs (DHA).
You can discuss all other eligibility details with our partner visa immigration lawyer during an obligation-free 10-minute phone consultation.
Can I stay in Australia while waiting for a partner visa?
Yes, if you apply for a partner or marriage visa in Australia rather than an offshore partner visa. You will usually be given a bridging visa while your application is being processed, allowing you to stay in Australia until a decision on your application status is reached.
If you are still unsure about your partner visa status and are worried about having to leave the country, please do not hesitate to reach out to our partner visa immigration agents – we will guide you through the process.
Why Choose Us
Decades of Experience
Our partner visa lawyers are backed by years of experience and expertise in immigration matters, striving to achieve successful visa results – even for those who have had their previous applications refused.
Personalised Service
Our team understands that there is no one-size-fits-all approach for partner visa applications. We will assist you step-by-step and provide migration advice tailored to your situation.
Initial Fixed Cost Consultations
Our team of partner visa immigration lawyers is dedicated to providing transparent and affordable fees to ensure our clients are aware of what the process will look like ahead of time.
Exceptional Standard Of Care
We are committed to providing compassionate and streamlined assistance for our clients as we believe in building strong and meaningful long-term relationships.
Multilingual Team
We recognise that there may be language barriers concerning migration issues; our partner visa lawyers in Melbourne can provide written and oral advice in multiple languages including Mandarin, Malay, Arabic, Sinhalese, Spanish, and Serbian to ensure a successful application.
Nevett Ford Is A Member Of The Following:
WHO YOU’LL WORK WITH
Ryan Curtis-Griffiths
Director
David Stratton
Special Counsel
Helen Zheng
Special Counsel
Dora Park
Senior Associate
Heather Dzviti
Senior Associate
Melissa Vincenty
Senior Lawyer
Lili Sibic
Associate
Kiri Stefanidis
Lawyer
Chloe Wang
Legal Assistant
