The laws on partner visas can be complex to navigate through alone, often with lengthy delays or disappointing outcomes. At Nevett Ford, our partner visa lawyers in Melbourne are committed to ensuring smooth processes without any complications or delays. Our partner visa migration agents and lawyers have over 20 years of expertise in assisting thousands of married, de facto, and engaged couples in obtaining Australian partner visas to reside permanently in the country.
We understand every partner visa application is unique and we work closely with our clients to provide expert advice tailored to their situations. Our partner visa lawyers in Melbourne are also committed to ensuring that the gay, lesbian and transgender communities have more transparent access to Australian migration law services.
Our team of registered partner visa migration agents and lawyers are experienced at preparing you for a “decision ready” application and pointing out any other weaknesses that your case may have. We are also always open with our processes and fees as we understand your need for transparency. If you are applying for your partner visa, contact one of our registered partner visa migration agents and lawyers – we will be happy to assist you!
We Specialise In Obtaining The Following Partner Visas:
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.
Meanwhile, 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 461
NZ Citizen Family Relationship
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.
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
Nevett Ford
Decades of Experience
Our registered partner visa migration agents and lawyers are backed by leading expertise and years of experience in immigration matters, and strive to achieve successful visa results – even for those who have had their cases rejected by other lawyers.
Personalised Service
Our team of partner visa lawyers in Melbourne 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.
Standard of Care
Our registered partner visa migration agents and lawyers are committed to providing compassionate and streamlined assistance for our clients as we believe in building strong and meaningful long-term relationships.
Multilingual Lawyers
We recognise that there may be language barriers when it comes to migration issues; our Melbourne partner visa lawyers are able to provide written and oral advice in multiple languages including Mandarin, Malay, Arabic, Sinhalese, Spanish, Hindi, Marathi, Serbian and Cantonese to ensure a successful application.
Initial Fixed Cost Consultations
Our team of registered partner visa migration agents and 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.
FAQ
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 on the basis of 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 prior to submitting their application, and that they live together and do not live separately and apart on a permanent basis.
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.
What is the process to apply for a partner visa?
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.
1. Temporary Partner Visa (Subclass 820 or 390)
If you submit your partner visa application when you are outside Australia, you must be outside Australia 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 are able to work in Australia.
2. 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.
If you submit your partner visa application when you are outside Australia, you may be either in or outside Australia when the permanent visa is granted. If you submit your application when you are in Australia, you must be in Australia when this visa is granted.
In most cases, permanent residence cannot be granted less than two years from when you lodge your application. However, you may be granted a permanent visa without having to fulfill the usual 2-year waiting period if at the time you apply you meet certain criteria such as:
- 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.
Can I apply for a partner visa before marriage?
Yes, you can. Under the de facto criteria, you need to have lived together 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.
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)
- Health and character check (Australian national police certificates)
However, the documents vary depending on the circumstances. Reach out to Nevett Ford’s partner visa lawyers 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 conditions of your previous visa, and
- Able to meet the health or character requirements.
You can discuss all other eligibility details with your partner visa migration agent and lawyer during a 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 in Melbourne and we will guide you through the process.
WHO YOU’LL WORK WITH
David Stratton
Managing Director
Ryan Curtis-Griffiths
Director
Heather Dzviti
Senior Lawyer
Helen Zheng
Special Counsel
Melissa Vincenty
Senior Lawyer
Rebecca Henzel
Senior Lawyer
Kiriaki Stefanidis
Lawyer
Lili Sibic
Lawyer
Chloe Wang
Legal Assistant
Shalini Kodikara
Paralegal
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