Partner Visas

Partner Visa Lawyer

Your relationship, presented clearly and with care.

A partner visa allows the married or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia, with a pathway to permanent residence and citizenship. It is one of the most common family visas, and also one of the most closely scrutinised. Decision-makers look carefully at whether a relationship is genuine and continuing. Inconsistent or incomplete evidence is a common reason for delays and refusals.

At Chua Tan Associates, our immigration team includes two Accredited Specialists in Immigration Law, and we advise in English, Mandarin and Cantonese. We work with couples from across Asia and around the world, including couples who met overseas or have spent time in different countries.

Australian partner visa options

Onshore partner visa (subclasses 820 and 801)

For applicants who apply while in Australia. You first apply for a temporary visa, which allows you to live, work and study in Australia, and you are later assessed for permanent residence.

Offshore partner visa (subclasses 309 and 100)

For applicants who apply from outside Australia. The temporary visa allows you to travel to and live in Australia while your permanent visa is assessed.

Prospective Marriage visa (subclass 300)

For engaged couples who intend to marry. It allows the applicant to come to Australia, marry within the visa period, and then apply for a partner visa.

What decision-makers look for in a partner visa

Partner visa applications are usually assessed across four areas of a relationship:

•         Financial: shared finances, assets and responsibilities

•         Household: living arrangements and how you share household responsibilities

•         Social: how your relationship is known to family, friends and the community

•         Commitment: your commitment to each other and your plans for the future

Married and de facto partners

Married couples and de facto partners must meet different requirements. For example, de facto couples generally need to show they have lived together for at least 12 months, unless an exception applies, such as registering the relationship.

How our partner visa lawyers can help

Assessing your circumstances

We confirm your eligibility and choose the right visa, and we identify any issues early, such as previous visa refusals, earlier partner sponsorships, a short relationship, or time spent living apart.

Preparing strong relationship evidence

We help you gather and organise evidence of your relationship. We prepare detailed relationship statements, guide you on statutory declarations from friends and family, and present your application clearly and consistently.

Complex partner visa cases

We regularly advise on:

•         Schedule 3 issues for applicants in Australia without a substantive visa

•         sponsorship limitations

•         character and health concerns

•         applications where the couple has spent significant time apart for work, study or family reasons

Family violence provisions

If a relationship breaks down because of family violence, the applicant may still be able to continue towards permanent residence. We provide confidential and sensitive advice on these provisions and the evidence required.

Including children

We advise on including dependent children in your application, and on visa options for children born or adopted after you apply.

The permanent stage (801 and 100)

We help you prepare for the second stage of the application, so the evidence shows your relationship has continued.

Partner visa refusals and appeals

If your application is refused, we advise on review at the Administrative Review Tribunal and on your other options. Time limits are strict, so contact us promptly.

Beyond the partner visa

Marriage and migration can raise wider legal questions, such as buying property together, making Wills, and arranging assets across different countries. Some couples also choose to make a binding financial agreement. Our lawyers can advise on these matters alongside your visa.

Frequently asked questions

Can I apply for a partner visa while I am in Australia?

Often, yes, through the onshore partner visa (subclasses 820 and 801). However, if you do not hold a substantive visa, additional Schedule 3 requirements may apply. We can advise on your situation.

How long does a partner visa take?

Processing times vary and change regularly. A complete, well-prepared application helps avoid delays caused by requests for further information.

What evidence do I need for a partner visa?

You need evidence across the financial, household, social and commitment aspects of your relationship, along with identity, health and character documents. Our Partner Visa Consultation Guide can help you prepare.

What happens if my relationship ends before the permanent visa is granted?

Generally, the relationship must continue for the permanent visa to be granted. Exceptions may apply in some circumstances, including family violence or the death of the sponsoring partner. Seek advice early.

Can you advise us in Chinese?

Yes. Our lawyers advise in English, Mandarin and Cantonese.

Get started with your partner visa

Contact us to discuss your relationship and your options. You can also use our Partner Visa Consultation Guide to prepare, or order an Immigration Strategy Report for a clear written plan.

This page provides general information only and is not legal advice. Every relationship and application is different, and visa requirements change regularly. If you are experiencing family violence, call 1800RESPECT (1800 737 732), or 000 in an emergency.