This provision ensures that Australian permanent residents who have experienced family violence retain eligibility for the de facto partner visa even after the relationship ends, offering crucial protection to those in vulnerable circumstances.
Partner Visa Australian Migration Lawyers
- Expert guidance for your Australian Partner Visa.
- Navigating complex relationship evidence & requirements.
- Dedicated support to unite you with your partner.
- Secure your permanent future together in Australia.
Daniel Moya
Founder of Moya Migration Law
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15-Min Consultation
We Specialise in Every Type of Australian Partner Visas:
The de facto partner visa (subclass 820) and the permanent partner visa (subclass 801) provide a pathway for individuals in a bona fide relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen to lawfully reside in Australia.
Applicants first obtain the temporary partner visa (subclass 820). Upon satisfying its requirements, they may then progress to the permanent partner visa (subclass 801).
Partner Visa (820/801)
Apply for your onshore Partner Visa from within Australia. We guide you through the temporary (820) and permanent (801) stages for your future together.
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Where must the Applicant be Located?
The applicant must be physically present in Australia both when lodging the subclass 820 application and at the time the temporary partner visa is granted.
What is the Duration / Length of the Visa?
The subclass 820 partner visa is issued on a temporary basis and generally leads to eligibility for the permanent subclass 801 visa after about two years.
Eligibility requirements
Demonstrate a genuine relationship with an Australian citizen, permanent resident or eligible New Zealand citizen.
Satisfy all health and character criteria set by the Department of Home Affairs.
Obtain sponsorship from your spouse or de facto partner.
Ensure the subclass 820 application is lodged while you remain lawfully in Australia.
The prospective marriage visa permits individuals intending to wed an Australian citizen, permanent resident or eligible New Zealand citizen to enter Australia before their wedding.
To transition from the temporary partner visa to permanent residency, applicants must ensure that every required document is accurately compiled and submitted.
Prospective Marriage Visa (300)
Apply from offshore to come to Australia and marry your fiancé. We guide you through the process, paving the way for your onshore partner visa application.
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Where must the Applicant be Located?
Applicants may lodge their application from overseas and must enter Australia prior to the wedding ceremony.
What is the Duration / Length of the Visa?
This is a temporary visa and is valid for up to nine months from the date of grant.
Eligibility requirements
Must be at least 18 years of age.
Must be engaged to an Australian citizen, permanent resident or eligible New Zealand citizen.
Must intend to marry your sponsor within the visa’s validity period.
Must have met your prospective spouse or de facto partner in person as an adult and known each other at the time of application.
Must meet all health and character requirements.
The 309/100 partner visa pathway is available to spouses or de facto partners of Australian citizens, Australian permanent residents or eligible New Zealand citizens who apply from outside Australia.
The process commences with the grant of the temporary subclass 309 visa and, upon satisfying its requirements, advances to the permanent subclass 100 visa.
Partner Visa (309/100)
Apply from outside Australia to join your partner. We guide you through the offshore temporary (309) and permanent (100) visa pathway.
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Where must the Applicant be Located?
The applicant must be outside Australia when lodging the subclass 309 partner visa application.
What is the Duration / Length of the Visa?
The 309 visa is temporary, progressing to the 100 visa after approximately two years.
Eligibility requirements
Demonstrate a genuine, ongoing relationship with an Australian citizen, permanent resident or eligible New Zealand citizen.
Satisfy all health and character requirements.
Remain offshore at the time of your subclass 309 application.
Australia’s migration law provides equal access to partner visas for same-sex couples, whether married or in a de facto relationship. The extensive application process requires substantial evidence of your genuine and ongoing relationship across financial, social, household, and commitment aspects.
LGBTIQ+ Partner Visa
Expert guidance for your same-sex partner visa. We help you navigate the requirements for de facto or marriage applications and prepare strong relationship evidence.
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Where must the Applicant be Located?
The visa pathway depends on your location. You can apply for an onshore partner visa (subclass 820) while in Australia, or an offshore partner visa (subclass 309) if you are outside Australia.
What is the Duration / Length of the Criteria?
The partner visa is a two-stage process. You are first granted a temporary visa, and after approximately two years, you may be eligible for a permanent visa, provided your relationship remains genuine and ongoing.
Eligibility requirements
Demonstrate a genuine and committed relationship with an eligible Australian sponsor.
Meet health and character requirements.
Provide comprehensive evidence covering all “4 pillars” of your relationship.
De facto relationships generally require 12 months of cohabitation (exceptions may apply).
Where must the Applicant be Located?
Applicants may apply either onshore or offshore, depending on the specific visa pathway and personal circumstances.
What is the Duration / Length of the Visa?
The duration aligns with the visa pathway, ensuring the applicant can remain in Australia while their application is assessed.
Eligibility requirements
Provide documented evidence of family violence.
Hold, or have lodged an application for, a temporary partner visa.
Hold, or have previously held, a Prospective Marriage (subclass 300) visa.
Satisfy all standard visa criteria, with the exception of the ongoing-relationship requirement.
The Schedule 3 criteria govern permanent partner visa applicants who are irregularly in Australia or on a bridging visa after a period of unlawful stay. Compliance with these additional requirements is mandatory to lodge a permanent partner visa application despite any previous visa status complications.
Schedule 3 Waiver for a Partner Visa
Expert help for onshore partner visa applications when you are unlawful or on a bridging visa. We build your case for a Schedule 3 waiver.
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Where must the Applicant be Located?
Applicants must be physically present in Australia when submitting their application. If they are unlawfully in the country or on a bridging visa, they must satisfy the Schedule 3 requirements.
What is the Duration / Length of the Criteria?
The Schedule 3 conditions remain in force for the full duration of the permanent partner visa assessment, until those additional requirements have been addressed.
Eligibility requirements
Demonstrate a genuine relationship with an Australian citizen, permanent resident or eligible New Zealand citizen.
Meet all health and character standards.
Provide a clear explanation and justification for any period of unlawful presence or visa-condition breaches.
Fulfil the specific Schedule 3 criteria, showing that granting the permanent visa serves the interests of both the applicant and their Australian partner.
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We encourage a free 15-minute call to discuss your situation & map out a path to securing your Australian Partner Visa.
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Take our 30-Second Eligibility Test for an Australian Partner Visa
Assessing your eligibility for a temporary or permanent partner visa is the crucial first step in reuniting with your partner in Australia.
Our 30-Second Eligibility Test will pinpoint the appropriate visa category and outline the next steps in 5 simple questions.
What are the Requirements for an Australian Partner Visa Application?
To apply for a partner visa, you must meet specific requirements that demonstrate the validity of your relationship, health standards, financial stability, and sponsorship eligibility. Understanding these requirements is crucial, as decision-makers consider four main factors when granting a permanent partner visa:
Financial aspects of the relationship
Joint financial management
Evidence of a married relationship with shared financial responsibilities, such as joint bank accounts or joint ownership of assets, demonstrates the partnership’s financial interdependence.
Shared financial goals
Applicants should show they have aligned financial goals, like saving for a home or planning joint investments. Financial aspects should be clear.
Financial support
Documentation of one partner financially supporting the other, if applicable, indicates a genuine partnership.
Shared expenses
Proof of shared expenses, like utility bills or rent, and even joint responsibility supports the evidence of financial cooperation.
Asset ownership
Evidence of jointly owned major assets, such as a car or property, can strengthen the application by showing shared financial investment.
Nature of household
Shared residence
Proof of living together, such as lease agreements or utility bills, confirms the cohabitation aspect of the de facto relationship.
Household duties
Evidence of shared household responsibilities, like grocery shopping or chores, indicates a genuine living arrangement.
Joint household management
Documentation showing joint decisions on household management, such as home improvements, reflects partnership in daily life.
Household membership
Acknowledgement by third parties of both partners as members of the same household adds credibility to the living arrangement.
Living arrangements
Consistent living arrangements over time, with evidence like dated mail, support the application by showing stability.
Social aspects of the relationship
Social recognition
Statements from friends and family confirming the de facto relationship can help validate the social aspect of the partnership.
Shared social activities
Proof of participation in social activities together, such as attending events or travelling, shows a genuine bond.
Mutual friends
Having a shared social circle, evidenced by joint social media connections or group photos, demonstrates social integration.
Public recognition
Evidence of public acknowledgement of the de facto relationship, like being introduced as a couple in social settings, supports the application.
Social media presence
Joint social media presence or shared posts about significant life events can reinforce the social legitimacy of the de facto relationship.
Nature of the commitment
Future planning
Documentation of future plans together, such as travel itineraries or financial planning, reflects long-term commitment.
Emotional support
Evidence of emotional support, like personal correspondence or messages, demonstrates the emotional connection.
Long-term intentions
Statements expressing intent to stay together long-term, whether written or verbal, support the genuine nature of the commitment.
Exclusive commitment
Proof of exclusivity, such as statements about not dating others, underscores the seriousness of the de facto relationship.
Joint decision-making
Evidence of making significant decisions together, such as career moves or family planning, highlights the depth of the commitment.
How Much do Partner Visa Applications Cost?
Assessing the financial commitment of a partner visa application is vital for sound planning. Expenses commonly include the visa application fee, medical examinations, police clearances and any necessary translation services. Accounting for each of these elements helps you avoid unwelcome costs as your application progresses.
Actual outlays will depend on the provisional partner visa subclass you’re seeking and your personal circumstances. We’ve summarised the key expense categories to support your budgeting process.
Partner visa (820/801)
- $9,095 for the main applicant (visa application fee),
- $4,550 for any child over 18 and
- $2,280 for each child under 18 years of age
Prospective marriage visa (300)
- $9,095 for the main applicant (visa application fee),
- $4,550 for any child over 18 and
- $2,280 for each child under 18 years of age
Partner visa (309/100)
- $9,095 for the main applicant (visa application fee),
- $4,550 for any child over 18 and
- $2,280 for each child under 18 years of age
LGBTIQ+ Partner Visa
- $9,095 for the main applicant (visa application fee),
- $4,550 for any child over 18 and
- $2,280 for each child under 18 years of age
Family violence
- $9,095 for the main applicant (visa application fee),
- $4,550 for any child over 18 and
- $2,280 for each child under 18 years of age
Schedule 3 partner visas
- $9,095 for the main applicant (visa application fee),
- $4,550 for any child over 18 and
- $2,280 for each child under 18 years of age
Why Choose Moya Migration Law for Your Partner Visa?
Securing a Partner Visa is a life-changing step towards building your future together in Australia. Moya Migration Law offers specialised expertise in partner visa applications, a client-focused approach sensitive to your relationship, and strategic guidance to maximise your success.
Extensive Partner Visa Experience
With over 20 years in migration law, we have a deep understanding of all partner visa subclasses (820/801, 309/100, 300) and complex relationship evidence requirements.
Client-Focused & Empathetic Support
We provide personalised guidance, understanding the personal nature of partner visas, and offer clear, supportive communication throughout your application.
Strategic Application & Evidence Building
We develop tailored strategies to meticulously prepare your partner visa application, focusing on robust evidence to prove your genuine relationship.
In-Depth Knowledge of Partner Visa Law
Our profound understanding of partner visa legislation, policy, and common pitfalls ensures your application is expertly prepared and managed.
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15-Min Consultation
Our 5-Step Process to Obtaining Your Partner Visa
Navigating the Partner Visa application requires careful planning and execution. Moya Migration Law provides a clear, supportive process, guiding you with expert advice at every stage to build a strong application for your future together in Australia.
1
Initial Consultation & Eligibility Assessment
We discuss your relationship circumstances, assess eligibility for the most suitable Partner Visa pathway, and outline a tailored strategy.
2
Strategic Evidence & Document Preparation
Our team guides you in meticulously gathering all crucial relationship evidence and supporting documents required by the Department.
3
Comprehensive Application Drafting
We expertly prepare your Partner Visa application forms and detailed written submissions, ensuring all criteria and relationship aspects are clearly addressed.
4
Application Lodgement & Department Liaison
We manage the entire submission process with the Department of Home Affairs, ensuring accuracy, completeness, and handle communications.
5
Ongoing Support & Visa Grant Guidance
We provide continuous support, respond to any Department queries, and guide you through to the grant of your Partner Visa.
Principal Lawyer Daniel Moya
Meet Daniel Moya, Your Partner Visa
Moya Migration Law is led by Principal Lawyer Daniel Moya, who personally guides couples through the Australian Partner Visa process. With over two decades in migration law since 2002, Daniel offers expert strategic advice for all partner visa applications, from prospective marriage to de facto and spouse visas.
Daniel is committed to providing clear, plain-English advice and meticulously preparing your application to secure your future together. He understands the importance of demonstrating a genuine relationship and offers dedicated support. Daniel also provides legal assistance in Spanish.
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15-Min Consultation
Frequently Asked Questions about Partner Visas
What is an Australian Partner Visa?
A Partner Visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia. It’s usually a two-stage process, starting with a temporary visa leading to a permanent one.
Is a Partner Visa temporary or permanent?
Partner visa applications (e.g., 820/801 or 309/100) typically cover both a temporary and a permanent visa. You’re usually granted a temporary visa first, then assessed for the permanent visa about two years after lodging the initial application.
Can I apply for a Partner Visa if I'm on a Bridging Visa?
Yes, if you’re in Australia on a Bridging Visa A (BVA) granted after a substantive visa, you can usually apply for an onshore Partner Visa (subclass 820). If unlawful or on other bridging visas, specific complex rules like Schedule 3 may apply.
What if my relationship ends while my Partner Visa is processing?
If your relationship ends before the temporary visa is granted, the application is usually refused. If it ends after the temporary visa but before the permanent visa, there may be exceptions (e.g., family violence, children of the relationship) that allow you to still be granted permanent residency.
Can a permanent Partner Visa be cancelled?
Yes, even a permanent Partner Visa can be cancelled under certain circumstances, such as if it was obtained using false information, due to serious character concerns, or other breaches of migration law.
Do I need to be married to apply for a Partner Visa?
No. You can apply if you are married, in a de facto relationship (usually for at least 12 months, or registered in an Australian state/territory), or intending to marry (for the Prospective Marriage Visa).
What's the difference between an onshore (e.g., 820/801) and offshore (e.g., 309/100) Partner Visa?
Onshore Partner Visas require the applicant to be in Australia when applying and usually when the temporary visa is granted. Offshore Partner Visas require the applicant to be outside Australia for both lodgement and temporary visa grant.
Can same-sex couples apply for Partner Visas?
Yes, Australia recognises same-sex relationships for Partner Visa applications, provided you meet all other criteria for being married or in a de facto relationship.
How long does a Partner Visa application usually take?
Processing times vary greatly depending on the visa subclass, case complexity, and Department workloads, often ranging from several months to over two years. Complete and decision-ready applications can help.
What happens if my Partner Visa application is refused?
If your Partner Visa application is refused, you or your sponsor generally have the right to appeal the decision to the Administrative Review Tribunal (ART) within strict time limits.
Our Services
Administrative Review Tribunal (ART) Appeals ART Visa Appeals
Visa refused or cancelled? Don’t give up hope. Expert representation for your ART review to challenge the decision.
Visa Refusals
If your Partner Visa has been refused, Daniel Moya offers 20+ years of experience in achieving positive outcomes at the Tribunal.
Visa Cancellations
Facing visa hurdles like refusals, cancellations, or PIC 4020 issues? Get expert advice and management for your unique circumstances.
Partner Visas
Begin your journey to permanent residency. Expert support for all Partner Visa applications, navigating the complex system with confidence.
Protection Visas
Seeking asylum or facing persecution? Daniel Moya provides crucial guidance and strategic advice for complex Protection Visa applications.
Family Visa
Reunite with loved ones in Australia. Explore options for Parent, Child, Carer, and other Family Visas with clear, expert advice.
Citizenship
Ready to become an Australian citizen? Navigate the application requirements and process smoothly with experienced legal support.
Notary Public in Adelaide Notary Public
Need documents notarised in Adelaide for international use? We provide prompt, convenient, and reliable Notary Public services.
Court Appeals (Judicial Review) Judicial Review
Unfavourable Tribunal ruling? Challenge appealable errors in the Federal Courts with experienced legal guidance for Judicial Review.
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