Applying for a permanent partner visa in Australia can be challenging. Many couples struggle with stress, uncertainty and the pain of separation during the process, which can take time. If the application is inaccurate or incomplete, costs rise and timelines extend, adding more frustration.
At Nevett Ford, our experienced partner visa lawyers in Melbourne have guided thousands of married, de facto and LGBTQIA+ couples in smoothly navigating Australia’s partner visa pathways – even in the most complex circumstances – for successful results.
Expect ‘decision-ready’ applications, proactive recommendations, and end-to-end support. When you’re ready to start building your life together in Australia, trust Nevett Ford to be there with you every step of the way.
Types Of Australian Partner Visas We Cover
Visa Category | Visa Subclass | What It Is For | Who It Is For | Application Made While in Australia? |
Onshore Partner Visa Pathway | Subclass 820 | Provisional visa to live with an Australian spouse or de facto partner while permanent stage is assessed | Non-Australian spouses or partners of Australian citizens, permanent residents, or eligible NZ citizens | Yes, must be onshore at lodgement and decision |
Subclass 801 | Permanent visa after 820. Live, work, and study permanently | Holders of 820 visas in ongoing genuine relationships | Yes, must be in Australia at time of grant | |
Prospective Marriage Visa | Subclass 300 | Provisional offshore visa to enter Australia, marry, and apply for 820 or 801 | Fiancés or fiancées of Australian citizens, permanent residents, or eligible NZ citizens | No, must lodge offshore |
Offshore Partner Visa Pathway | Subclass 309 | Provisional offshore visa to live, work, and study while awaiting permanent stage | Non-Australian partners in genuine relationships | No, must lodge offshore |
Subclass 100 | Permanent visa after 309 | Holders of 309 visas in genuine relationships | Yes, can be onshore at grant | |
Dependent Child Visa | Subclass 445 | Temporary visa allowing dependent children to live, study, work, and travel while parent’s partner visa is processed | Dependent children of partner visa applicants | Yes, depending on parent’s location |
NZ Citizen Family Relationship | Subclass 461 | Five-year temporary visa for non-NZ family members to live, work, and travel freely | Non-NZ family members of eligible NZ citizens | Can be offshore or onshore. Offshore: no other visa required. Onshore: must hold substantive visa or demonstrate compelling circumstances |
Australian Partner Visa Requirements
BASIC ELIGIBILITY REQUIREMENTS
18 years or older
Married or in a de facto relationship with an Australian citizen, permanent resident, or eligible NZ citizen
No serious visa compliance issues
Meet health and character requirements
Relationship Criteria Assessed by the Department of Home Affairs
- Financial Aspects of the Relationship
- Nature of the Household
- Social Aspects of the Relationship
- Nature of the Commitment
Shared financial responsibility
Joint accounts, bills, or living expenses show financial interdependence.
Contributions to daily living
Evidence of each partner’s role in household costs (rent, mortgage payments, groceries, utilities, or other shared expenses) supports authenticity.
Support between partners
Any financial support, temporary or ongoing, indicates a genuine partnership.
Joint ownership or commitments
Shared assets, memberships, or insurance strengthen financial evidence of interdependency.
Living arrangements
Leases, mortgages, or shared utilities demonstrate cohabitation.
Daily life responsibilities
Shared chores, grocery management, and household logistics show partnership in daily life.
Household recognition
Mail, statutory declarations, or shared deliveries confirm you function as a single household unit.
Stability of cohabitation
Consistent documentation over time shows ongoing, stable living arrangements.
Recognition by others
Statements from friends, family, or community validate your relationship.
Shared social life
Travel, events, or photos illustrate shared experiences.
Connections within social circles
Being acknowledged as a couple in wider social networks strengthens authenticity.
Public acknowledgement
Engagement announcements, social media posts, or public appearances support social integration.
Long-term intentions
Shared plans or documents show commitment to a lasting relationship.
Emotional support and communication
Messages, correspondence, or other records demonstrate the emotional connection.
Exclusivity and genuine commitment
Evidence the relationship is ongoing and exclusive is essential.
Joint decision-making
Examples of shared decisions (housing, finances, future plans, children) show long-term partnership.
*Additional requirements may apply based on your situation, which can be clarified during your consultation.
Australian Partner Visa Application Process
Applying for a partner visa in Australia involves a two-stage process, with temporary and permanent stages lodged together but assessed separately. Our partner visa lawyers at Nevett Ford guide you through every step to ensure a complete, compliant, and decision-ready application.
How the Partner Visa Stages Work
Stage 1: Temporary Partner Visa
- Live in Australia while your relationship and documentation are reassessed for permanent residency.
- Right to work, study, and travel, depending on onshore/offshore status.
Stage 2: Permanent Partner Visa
- Updated evidence is assessed after the waiting period. If all criteria are met, permanent residency is granted.
- Permanent visas may be granted early in cases of long-term relationships or couples with children.
What to Expect, Step by Step
1. Initial Consultation
We assess your relationship history, eligibility, and ideal visa pathway, and outline the documents and evidence you will need.
2. Evidence Preparation
We guide you through gathering identity, relationship, financial, household, and social evidence. We also identify any gaps in your application early and help you resolve them.
3. Application Lodgement
Your application is prepared to be as “decision-ready” as possible, complete with structured legal submissions tailored to your circumstances.
4. Bridging Visa (Onshore Applicants Only)
If applying from inside Australia, you will typically receive a Bridging Visa A that allows you to remain lawfully in the country while awaiting the temporary visa outcome.
5. Temporary Visa Grant and Ongoing Relationship Evidence
Once the temporary visa is granted, we help you prepare updated evidence for the permanent stage when the two-year mark approaches.
6. Permanent Visa Grant
If the Department is satisfied that your relationship is ongoing and meets all criteria, the permanent partner visa is granted, allowing you to build your future in Australia with long-term stability.
Common Partner Visa Challenges and How We Solve Them
Issue | How Nevett Ford Solves It |
| Current visa is about to expire | We help you lodge your partner visa application in time to secure a Bridging Visa A (BVA), or if your visa has already expired, we assist with applying for a Bridging Visa E (BVE) so you can remain lawfully in Australia while your application is processed. |
| Your current visa was cancelled | Our team guides you through complex situations where a visa has been cancelled. We manage your Bridging Visa E (BVE) application and prepare a detailed partner visa submission addressing the cancellation, increasing the likelihood of approval. |
| Separation during visa processing | We advise on your options if separation occurs, whether before the temporary visa, between temporary and permanent stages, or after permanent visa grant. We communicate with the Department of Home Affairs and structure your application to protect your visa status wherever possible. |
| Missing or inaccessible documents | We help you identify alternative evidence – statutory declarations, personal statements, or supporting documentation – and liaise with the Department of Home Affairs to request extensions if needed, ensuring your application remains complete and compliant. |
| Insufficient evidence of your relationship | Our Melbourne-based partner visa lawyers review your relationship documentation and advise on supplementary evidence, including financial records, statements from friends/family, and correspondence showing emotional or financial support, to maximise your chance of success. |
| Partner is living overseas | We guide clients applying for offshore partner visas (Subclass 309/100), explaining requirements, travel restrictions, and timelines. We help ensure your partner’s offshore application is lodged correctly and efficiently to prevent delays or refusals. |
Frequently Asked Questions
What is an Australian Partner Visa?
A partner visa allows non-citizens married to or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia temporarily or permanently. It includes both onshore and offshore pathways.
Who can sponsor me for a partner visa?
Sponsors must be an Australian citizen, permanent resident, or eligible New Zealand citizen. The sponsorship generally lasts two years, after which you may become eligible for permanent residency if the relationship remains genuine.
Can I apply for a partner visa before marriage?
Yes. De facto partners can apply if they have been in a genuine, ongoing relationship for at least 12 months. Some exceptions to the 12-month requirement may apply.
Can I stay in Australia while my partner visa is being processed?
Yes, if you apply through an onshore visa pathway. You will usually be granted a bridging visa that allows you to remain lawfully in Australia while the application is assessed.
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.
What are common reasons a partner visa may be refused?
- Insufficient evidence submitted to the Australian Department of Home Affairs.
- Failure to upload the correct witness declarations.
- Failure to respond to additional Department of Home Affairs inquiries in a professional manner.
- The sponsor was not eligible, has a history of domestic violence, and/or has a criminal record.
How long does the partner visa process take?
Processing times depend on visa subclass and whether the application is lodged onshore or offshore. Temporary visas are assessed first, followed by permanent visas. Complex cases may take longer, which is why preparation and professional guidance are important.
Have More Questions?
Why Nevett Ford is One of Melbourne’s Most Trusted Firms for Partner Visas
Decades Of Experience
Our team is backed by leading expertise and years of experience in Australian partner visas, advising hundreds of couples each year.
Personalised Service
Our partner visa lawyers in Melbourne will tailor our guidance and recommendations to your specific needs instead of taking a one-size-fits-all approach.
High Success Rates
We strive to provide a positive resolution and outcome for all parties involved – even for those who have had their previous partner visa application refused.
Standard Of Care
We genuinely care about and are interested in our clients as well as helping them get the legal support they need, resulting in strong and meaningful relationships.
Multilingual
Our lawyers provide written and oral advice in multiple languages – including Mandarin, Malay, Arabic, Sinhalese, Spanish, and Serbian – helping clients navigate migration issues clearly and successfully.
Initial Fixed Cost Consultations
Our team provides transparent and affordable fees, so you know what the process will look like ahead of time.
WHO YOU’LL WORK WITH
Ryan Curtis-Griffiths
Director
Dora Park
Senior Associate
Helen Zheng
Associate Director
David Stratton
Special Counsel
Melissa Vincenty
Special Counsel, US Immigration Law
Heather Dzviti
Senior Associate
Kiri Stefanidis
Associate
Emily Barr
Lawyer
Shalini Kodikara
Senior Paralegal
Chloe Wang
Paralegal
