At Nevett Ford, we understand the significance of family bonds and the desire to build a future together with your spouse or partner. Our goal is to reunite loved ones and ensure their immigration process is as smooth as possible.
Our lawyers have over 20 years of expertise assisting thousands of married, de facto, and engaged couples in obtaining partner visas to reside permanently in Australia. We are also committed to ensuring that the gay, lesbian, and transgender communities have more transparent access to Australian migration law services.
Our team is trained to prepare you for a “decision-ready” application and point out any other weaknesses that your case may have. If you are applying for your partner visa, contact one of our partner visa immigration lawyers today – we will be happy to assist you!
Nevett Ford Is A Member Of The Following:
Types Of Partner Visas We Cover
Subclass 820 and 801 Onshore Partner Visa
The 820 visa is a provisional onshore partner visa lodged within Australia allowing you to live with your spouse or de facto partner who is either an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
The 801 visa is a permanent partner visa lodged within Australia 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 the 820 and 801 visas.
Subclass 300 Prospective Marriage Visa
This visa subclass is a provisional partner visa lodged outside of Australia and allows applicants to come to Australia, get married, and apply for a subclass 820/801 visa. You can only stay in Australia for a period of nine to 15 months from the date of grant of visa.
Subclass 309 and 100 Offshore Partner (Migrant) Visa
The 309 visa subclass is a provisional offshore visa that allows you to live, study, and work in Australia temporarily until your permanent partner visa decision is made. You must be outside Australia when you apply for the 309 visa and when a decision is made on the status of the visa.
On the other hand, 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 and continue to be in an ongoing relationship when applying for the 100 visa. You can be in Australia when applying for this permanent partner visa.
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. With this visa, the child can also travel to and fro, work, as well as study in Australia. The child 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
This 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. You can travel to and from Australia as many times as you want while the visa is valid and reapply again for this visa.
If you are offshore, you can apply for the subclass 461 visa without needing to hold another type of visa first. However, if you are onshore, you need to hold a substantive visa when you lodge your application. If you do not, you will need to show you do not hold a visa because of factors beyond your control and there are compelling reasons to grant you a subclass 461.
Why Choose Us
Decades of Experience
Our lawyers are backed by years of experience and expertise in immigration matters and strive to achieve successful visa results – even for those who have had their previous application refused.
Personalised Service
Our team understands that there is no one-size-fits-all approach when it comes to partner visa applications. We will assist you step-by-step and provide you with migration advice tailored to your situation.
Initial Fixed Cost Consultations
Our team of partner visa lawyers are 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
We recognise that there may be language barriers when it comes to migration issues; our team of lawyers can provide written and oral advice in multiple languages including Mandarin, Malay, Arabic, Sinhalese, Spanish, and Serbian to ensure a successful application.
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.
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 temporary visa 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 in Australia.
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 as well as provide the necessary documents.
In addition, you may be granted a permanent partner visa without having to fulfil the usual two-year waiting period 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 in a married or 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 when you are in Australia, you must be in the country when this visa is granted.
The requirements for a partner visa application are extensive and complex. We are well-equipped to assist you throughout the process of applying for a partner visa, ensuring the application 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.
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 a period of 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.
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. Reach out to us 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 previous 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 us during an obligation-free 10-minutes 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 lawyers – we will guide you through the process.
WHO YOU’LL WORK WITH
Ryan Curtis-Griffiths
Director
David Stratton
Managing Director
Helen Zheng
Special Counsel
Heather Dzviti
Senior Lawyer
Rebecca Henzel
Senior Lawyer
Melissa Vincenty
Senior Lawyer
Shalini Kodikara
Paralegal
Lili Sibic
Lawyer
Chloe Wang
Legal Assistant
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