How to Apply for an Australian Partner Visa

People who search how to apply partner visa in Australia usually want the practical steps, in the right order, without missing anything that could make the application invalid or weak. This guide sets out those steps for every partner visa pathway, from confirming the subclass and creating an ImmiAccount to gathering documents, lodging online and dealing with what the Department of Home Affairs asks for after lodgement.

Knowing how to apply partner visa rules at the lodgement stage matters because a partner visa is a two-stage application that is assessed over a long period. An error made on the day of lodgement can follow an application for years. Some errors, such as lodging from the wrong location or lodging while a No Further Stay condition applies, can mean that there is no valid application at all.

This article is a lodgement walkthrough. It does not set out the legal requirements in depth, and it does not compare the pathways in detail. For the full picture of the visas themselves, read our complete guide to partner visas in Australia. For the onshore pathway on its own, our 820 visa guide to requirements, documents and how to apply covers the Subclass 820 steps, and our partner visa document checklist lists the documents you may need. If you would prefer a lawyer to prepare and lodge the application, our partner visa lawyers act for couples across Australia.

How do you apply for a partner visa in Australia?

You apply for an Australian partner visa online through ImmiAccount, by lodging the applicant's combined temporary and permanent application with supporting documents, having the Australian partner complete the sponsorship online, and paying the visa application charge. There is no paper lodgement for these visas. Most people searching how to apply partner visa online expect one form; in practice there are two linked online parts, one for the applicant and one for the sponsor. The steps are the same in broad terms for the onshore and offshore pathways. The differences lie in where the applicant must be, which bridging visa (if any) follows lodgement, and which further forms the Department requests.

In summary, the steps are:

• Confirm which partner visa pathway applies and check for validity risks.
• Create an ImmiAccount for the applicant and a separate ImmiAccount for the sponsoring partner.
• Gather identity documents, relationship evidence, the relationship statement, Form 888 supporting statements, police certificates and translations.
• Complete the applicant's online application.
• Have the Australian partner complete the sponsorship online.
• Attach the documents to the application in ImmiAccount.
• Pay the visa application charge and submit.
• Receive the acknowledgement and, for onshore applicants, the bridging visa.
• Complete health examinations and biometrics when asked.
• Respond to requests for more information, including Form 80 and Form 1221 if requested.
• Notify the Department of changes using Form 1022.
• Prepare for the permanent stage assessment.

Each step is explained below. Anyone working out how to apply partner visa steps to their own circumstances should read the whole sequence before starting, because a decision made at step 1 changes what happens at steps 4, 7 and 8. The order also matters. Couples who start the online form before the evidence is ready tend to lodge an application with gaps, and gaps are what generate requests, delay and, at worst, refusal.

Why the order of steps matters

The online form asks for dates, addresses, relationship history and travel history. Those answers must match the documents attached later. If the form is completed first and the documents are gathered afterwards, the answers are often given from memory and then contradicted by the evidence. When people ask how to apply partner visa information consistently across the form and the evidence, the answer is simple: gather and check the documents first, then complete the form from the documents.

Step 1: Confirm which partner visa pathway applies

The first step is to confirm which subclass you are applying for, because the pathway decides where the applicant must be on the day of lodgement and, for the offshore visa, on the day of decision. The main pathways are:

• Onshore partner visa. The Subclass 820 temporary visa and the Subclass 801 permanent visa are lodged together in one combined application, with one charge. The applicant must be in Australia when the application is lodged, along with any family members applying with them. Our Subclass 820 visa service page explains how we act on onshore applications.
• Offshore partner visa. The Subclass 309 provisional visa and the Subclass 100 permanent visa are lodged together. The applicant must be outside Australia when the application is lodged and when the Subclass 309 is granted. See our Subclass 309 visa page.
• Prospective Marriage visa. The Subclass 300 visa is lodged outside Australia by a person who intends to marry their Australian partner. The couple must marry within the visa period, and the applicant then applies in Australia for the Subclass 820 and Subclass 801 visas. See our Subclass 300 visa page.

The relationship itself must also fit the pathway. A married couple relies on a valid marriage recognised in Australia. A de facto couple must generally have been in the relationship for 12 months before lodgement, unless the relationship is registered in an Australian state or territory or compelling and compassionate circumstances apply. Our guides to the de facto partner visa and its 12-month rule and to whether you really need 12 months of de facto relationship for a Subclass 820 explain the exceptions. Same-sex couples apply under exactly the same provisions, as our LGBTI partner visa page explains. Partners of New Zealand citizens who are not eligible New Zealand citizens may need to consider the Subclass 461 visa instead.

Choosing the pathway is a legal question, not an administrative one. Knowing how to apply partner visa criteria to a particular couple, such as a couple who married overseas but have lived apart, or a de facto couple who have lived together for less than the required period, is where many early mistakes occur. Our complete guide to the Subclass 820 partner visa and our explanation of the onshore Subclass 820 visa cover the onshore requirements, and our article on Subclass 820 vs Subclass 801 explains how the two stages relate.

Applicants already in Australia on another visa

Many onshore applicants are in Australia on a visitor, student or working holiday visa when they decide to apply. Before you lodge, check the conditions on the current visa and whether it is still in effect. Our article on moving from a tourist visa to a partner visa in Australia sets out what to check. Two issues in particular can stop an onshore application before it starts: condition 8503 and Schedule 3. Both are covered in the section on lodgement errors below, because they are the most common reasons an onshore application is invalid or at risk.

Step 2: Create an ImmiAccount for the applicant and the sponsor

The applicant lodges the partner visa application through an ImmiAccount, and the Australian partner uses their own ImmiAccount to complete the sponsorship. ImmiAccount is the Department's online portal for lodging applications, attaching documents, paying charges and receiving correspondence. Our step-by-step guide on how to create an ImmiAccount walks through the registration process.

A few practical points apply to every couple:

• Each person should hold their own account. The applicant and the sponsor each make declarations in their own name, and one person should not make declarations through the other person's account.
• Use an email address that will still be monitored in several years. Partner visa applications run for a long time, and the Department sends requests and decisions by email and through ImmiAccount.
• Record the login details securely and keep the authentication method current. Losing access to the account during processing can delay responses to time-limited requests.
• The online form can usually be saved as a draft and completed over several sessions. Use that feature to complete the form carefully from the documents, rather than in one sitting from memory.

If you appoint a lawyer, the lawyer generally prepares and lodges the application through the firm's own ImmiAccount after you appoint them on Form 956. The application is then managed by the lawyer, and correspondence goes to the lawyer as your authorised recipient. Part of understanding how to apply partner visa procedures correctly is deciding at this point who will lodge, because the account used for lodgement is the account through which the application is later managed.

Step 3: Gather the documents before you start the online form

Before completing the online form, gather the documents that prove identity, the relationship, the sponsor's status, character and, where relevant, the documents of any family members included in the application. This is the longest step and the one that most affects the result. The Department assesses the application on the evidence attached, not on what the couple intended to show.

Our partner visa document checklist and our 820 partner visa evidence checklist list the documents in detail. The summary below explains how each category fits into the lodgement process.

Identity documents

The applicant needs a current passport and other identity documents such as a birth certificate and, where names have changed, evidence of the change. The sponsor needs evidence of Australian citizenship, permanent residence or eligible New Zealand citizen status, together with identity documents. Names, dates of birth and spellings must be consistent across every document and the online form. Small inconsistencies in identity documents are a common source of delay, and where a document from one country records a different date of birth from another, the reason should be explained when the application is lodged rather than left for the Department to discover. Knowing how to apply partner visa identity requirements to documents issued in different countries, with different naming conventions, avoids most of these problems.

Relationship evidence

Relationship evidence is assessed under four aspects: the financial aspects of the relationship, the nature of the household, the social aspects of the relationship and the nature of the commitment. Evidence should be gathered under each aspect and should cover the whole relationship period, not only recent months. Examples include joint bank accounts and shared bills, leases or mortgage documents, correspondence addressed to both partners at the same address, evidence of joint travel and social events, and evidence of shared responsibilities.

Our guides on partner visa evidence and how to prove your relationship is genuine and preparing evidence of a genuine relationship explain what carries weight. Learning how to apply partner visa evidence standards to your own documents is mostly a matter of asking, for each document, which aspect it proves and which period it covers. A large volume of photographs does not fill a gap in financial or household evidence.

The relationship statement

The applicant and the sponsor each give an account of the relationship, usually in one relationship statement for each partner or a joint statement, depending on how the application is prepared. The statement is the couple's own account: how they met, how the relationship developed, their living arrangements, how they share finances and responsibilities, and their plans for the future. Future plans are part of the statement, not a separate document. The statement is often where couples first see how to apply partner visa criteria to their own history, because each of the four aspects should be reflected in it. Our guide to the partner visa relationship statement, with examples explains the structure. The statement must be accurate. Dates and events in the statement must match the online form and the evidence.

Form 888 supporting statements

Form 888 is a supporting statement made by an Australian citizen or permanent resident who knows the couple and believes the relationship is genuine and continuing. It is not a statutory declaration. Each Form 888 must be signed by the person making it and accompanied by evidence of that person's identity and Australian citizenship or permanent residence. Our articles on who can make a Form 888 and what it should say and Form 888 example answers and common mistakes cover the content. In limited special cases, statutory declarations are required instead of Form 888 statements, and lodging the wrong document in those cases can affect validity. That situation is unusual and should be checked before lodgement. Before witnesses are approached, consider how to apply partner visa witness requirements to each person: a witness who knows only one partner, or who cannot provide evidence of their own status, adds little.

Police certificates

Police certificates are needed for the character assessment. The Department's checklist specifies the countries for which certificates are required, generally countries where the applicant has lived for a significant period as an adult, and an Australian police check where relevant. Police certificates from some countries take a long time to obtain, so they should be requested early. The Department may also ask for police certificates at a later point in processing, and a certificate obtained too early may need to be replaced. Working out how to apply partner visa character requirements to an applicant who has lived in several countries is mainly a question of listing every country of residence and ordering certificates in time.

Translations and copies

Documents that are not in English must be accompanied by an English translation. Translations made in Australia should be made by a translator accredited by NAATI, and translations made outside Australia should include the translator's details. Documents should be scanned in colour, in full, with every page included and every page legible. Anyone deciding how to apply partner visa document requirements to foreign records, such as household registration books or foreign marriage records, should keep the original and the translation together as one attachment so that the decision maker reads them side by side.

Documents for children and other family members

If dependent children or other family members are included in the application, their identity documents, evidence of the relationship to the applicant and, where a child is not travelling with both parents, evidence of consent or legal custody arrangements are needed. Including a family member is done when the application is lodged. The arrangements for adding someone after lodgement are more limited, so the family composition should be settled before step 4.

Does it matter where in Australia you live when you apply?

No. A partner visa application is lodged online and the location of the couple within Australia does not change the lodgement process, the forms or the criteria. An onshore applicant must simply be in Australia when the application is lodged. Couples apply from capital cities, regional towns and everywhere between, and the same steps apply.

My Migration Lawyers acts for couples Australia-wide, with consultations by video. Clients come to us from every state and territory, including couples looking for partner visa lawyers in Sydney, partner visa lawyers in Melbourne, partner visa lawyers in Brisbane, partner visa lawyers in Perth and partner visa lawyers in Adelaide. Couples comparing representation can also read our guides to choosing a partner visa lawyer in Sydney, a partner visa lawyer in Melbourne and a partner visa lawyer in Brisbane. Wherever you live, the question of how to apply partner visa requirements to your relationship is answered the same way: on the evidence, against the criteria.

Step 4: Complete the applicant's online application

The applicant completes the partner visa application form in ImmiAccount, answering every question about identity, the relationship, the sponsor, family, history, health and character, and the answers must match the documents gathered at step 3. The onshore form lodges the Subclass 820 and Subclass 801 together, and the offshore form lodges the Subclass 309 and Subclass 100 together. The applicant does not lodge the permanent visa separately later. It is already part of the combined application.

What the online form asks

The form is long. In broad terms it asks for:

• the applicant's personal details, passport details, other names used and national identity documents;
• the type of relationship (married or de facto), key relationship dates and whether the couple live together;
• the sponsor's details and status in Australia;
• previous relationships and marriages of the applicant;
• family members, including those not applying;
• addresses, employment and education history;
• travel history and previous visa applications to Australia and other countries;
• health questions and character questions; and
• the applicant's current location and, for onshore applicants, current visa.

Some of these questions look routine but carry legal weight. The relationship start date, the date the couple began living together and the date of marriage feed directly into the assessment of whether a de facto relationship meets the required period or whether a marriage is valid. Previous visa history affects whether Schedule 3 or condition 8503 applies. When people are unsure how to apply partner visa disclosure rules to questions that do not seem to fit their situation, the correct approach is to answer accurately and explain the context in a document attached to the application, rather than choosing the answer that appears to fit best.

Answering history, health and character questions accurately

Every answer must be true and complete. The Department compares the answers with its own records, including previous visa applications, arrival and departure records and earlier statements. An answer that conflicts with an earlier application can raise a question under public interest criterion 4020 about false or misleading information, which can lead to refusal and can have consequences for later visa applications.

The decision in Yeung (Migration) [2020] AATA 4137, a Federal Circuit Court remittal, concerned incorrect information in a partner visa application and in Department interviews, including that the couple's meeting through an introduction agency had not been disclosed. Matters of that kind arise from the way questions are answered at lodgement. Knowing how to apply partner visa disclosure obligations to previous relationships, previous refusals and previous travel is a central part of lodging correctly.

Including children and other family members

Dependent children and certain other family members can be included in the application as secondary applicants. Their details are entered in the same online form, and each person included must meet health and, where old enough, character requirements. Each person aged 16 or over may be asked for their own Form 80. The Australian Values Statement and other declarations apply to adult secondary applicants as well. Families deciding how to apply partner visa dependency rules to an older child should obtain advice, because an adult child is assessed differently from a young child.

Declarations and the Australian Values Statement

At the end of the form the applicant makes declarations, including that the information given is complete, correct and current, and agrees to the Australian Values Statement. These declarations are not a formality. They are the legal basis on which false or misleading information is later assessed. Read them before agreeing, and do not submit until the answers have been checked against the documents.

Step 5: The Australian partner's sponsorship

The Australian partner sponsors the applicant by completing the partner sponsorship form (Form 40SP) online in their own ImmiAccount, using the reference details from the applicant's application, and the application cannot be approved without it. The sponsor must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. The sponsorship is part of the partner visa process rather than a separate visa application, and the sponsor gives undertakings, including to support the applicant.

The sponsorship form asks the sponsor about their identity, status in Australia, relationship history, previous sponsorships and any previous partner visas they held themselves. Sponsorship limitations apply. In general, a person cannot sponsor more than two partners in their lifetime, or sponsor a partner within five years of a previous partner sponsorship, unless compelling circumstances exist. Our partner visa sponsorship limitations page and our article on when a sponsor cannot sponsor a partner visa in Australia explain the rules and the exceptions. A sponsor who has previously sponsored a partner, or who was sponsored themselves, should obtain advice on how to apply partner visa sponsorship limitations to their history before the applicant lodges.

The sponsor should also expect the Department to assess character information relevant to the sponsorship, particularly where children are included in the application. Where the sponsor has a criminal history, the sponsorship may still be approved in some circumstances, but the issue should be identified and addressed when the application is lodged.

Timing of the sponsorship

The sponsorship should be completed promptly once the applicant's application is lodged. An application that sits without a sponsorship cannot progress to approval, and an extended delay may lead to a request from the Department or to refusal. Couples who are unsure how to apply partner visa sponsorship requirements to the timing of lodgement should plan both parts on the same day: the applicant lodges, the reference details are passed to the sponsor, and the sponsor completes the sponsorship in their own account.

Step 6: Attaching documents in ImmiAccount

After the form is submitted, documents are attached to the application in ImmiAccount under the document categories the system lists for each applicant and for the sponsor. Each document is attached against a document type, such as identity, relationship, character or health. Attaching documents under the correct type and to the correct person matters, because the decision maker reviews the file by category.

Practical rules for attaching documents:

• Scan documents in colour and in full. Include every page of a passport biographical section and every page of a multi-page certificate.
• Combine related pages into one file, for example a foreign certificate and its English translation.
• Name each file clearly so that the decision maker knows what it is without opening it, for example "Joint lease 2025 to 2026".
• Group relationship evidence by aspect and period rather than uploading hundreds of loose files.
• Keep a copy of everything attached and a list of what was attached and when.

ImmiAccount sets limits on file types, sizes and the number of attachments. Large volumes of low-value material, such as hundreds of chat screenshots, can push out material that matters. Knowing how to apply partner visa evidence rules sensibly here means selecting representative evidence for each period and each aspect, with a short index, rather than uploading everything available.

Documents can generally be attached after lodgement as well, and further documents may be added during processing. That does not mean the application should be lodged incomplete. Evidence attached at lodgement is the evidence available to the decision maker from the start, and an incomplete application is more likely to receive a request for more information.

Step 7: Pay the visa application charge and submit

The visa application charge must be paid in ImmiAccount when the application is submitted, and an application lodged without payment of the charge is not a valid application. The charge for the onshore application covers the Subclass 820 and Subclass 801 together, and the charge for the offshore application covers the Subclass 309 and Subclass 100 together. Additional charges apply for some secondary applicants, and other costs such as health examinations, police certificates and translations are separate. Families considering how to apply partner visa charge rules to secondary applicants should check the Department's current pricing information before payment. Our article on what a Subclass 820 partner visa costs explains the charges.

Before paying, check the whole form again. Once submitted, the application cannot be withdrawn and resubmitted without consequences for the charge, and the answers become the record against which later information is compared. The payment method should be one that will not be declined. A failed or reversed payment can leave an application in an uncertain state. People who look up how to apply partner visa payment rules are often surprised that the charge is payable in full at lodgement for the combined application, not in instalments for each stage.

After payment, ImmiAccount shows the application as submitted, and a transaction reference number (TRN) is issued. Record the TRN. It is the reference used for the sponsorship, for health examinations and for later correspondence.

What happens immediately after you lodge?

Immediately after lodgement, the Department issues an acknowledgement of the application, and an onshore applicant who holds a substantive visa is generally granted a Bridging Visa A that comes into effect when their current visa ends. The application then waits in a processing queue. Our articles on Subclass 820 processing times and how long the onshore Subclass 820 takes explain how the Department publishes its timeframes.

The acknowledgement of receipt

The acknowledgement confirms that the application has been received and lists the applicants included. Check it immediately. If a family member is missing, a name is misspelt or a date of birth is wrong, the error should be corrected promptly.

The bridging visa for onshore applicants

An onshore applicant who holds a substantive visa when they lodge a valid Subclass 820 application is generally granted a Bridging Visa A. The Bridging Visa A usually comes into effect when the current substantive visa ends and allows the applicant to remain lawfully in Australia while the application is processed. The bridging visa grant notice sets out its conditions, including work conditions. Our article on whether you can work while waiting for your Subclass 820 visa explains the work position.

A Bridging Visa A does not generally allow travel outside Australia and return. An applicant who needs to travel should apply for a Bridging Visa B before leaving. Our overview of bridging visas in Australia explains the differences between the bridging visa classes. An applicant who did not hold a substantive visa at lodgement, for example because they were already on a bridging visa or were unlawful, is in a different position, and the bridging visa outcome depends on their circumstances. Knowing how to apply partner visa bridging visa rules to a person who is between visas is one of the matters that should be checked before lodgement, not afterwards.

Offshore applicants after lodgement

There is no bridging visa for an offshore applicant. The Subclass 309 applicant must be outside Australia when the Subclass 309 is granted. An applicant may be able to visit Australia on a separate visitor visa while the application is processed, but they must be outside Australia at the time of grant. Travel plans should be checked with that rule in mind. Offshore couples asking how to apply partner visa travel rules to a planned visit should confirm that the applicant will be outside Australia when a decision could be made.

Health examinations and biometrics after lodgement

After lodgement, the Department will ask the applicant and any secondary applicants to complete health examinations, and may ask them to provide biometrics. Health examinations are arranged through the Department's eMedical system with an approved panel clinic, using a HAP ID issued for the application. The results are sent electronically to the Department by the clinic.

Health examinations should be completed within the timeframe given. If health results are not received, the application may be decided on the information available. In Housayri (Migration) [2023] AATA 1011, the Tribunal received notification that the applicants' eMedical cases had been submitted to the Department, which shows how the health examination record can become an issue on review. An applicant who has a health condition should obtain advice, because some conditions are assessed further by a Medical Officer of the Commonwealth.

Biometrics, which are a facial photograph and fingerprints, may be requested, particularly for applicants outside Australia. The request letter explains where and how to provide them. A biometrics request has a timeframe, and failing to respond can affect the application.

When people research how to apply partner visa health requirements, they often assume the examination should be done before lodgement. Generally, the examination is arranged once the Department requests it or once a HAP ID is available for the application, so that the results are linked to the correct application. Our article on hiring an immigration lawyer after lodging your own visa application explains how a lawyer can take over the management of these post-lodgement steps.

Should you lodge the application yourself or use a lawyer?

You can lodge a partner visa application yourself, and many couples do, but the application carries legal risks that are not visible on the face of the online form. The main risks are validity issues, inconsistent answers, gaps in evidence and character or sponsorship issues that are not addressed at lodgement. Our comparison of a partner visa lawyer and doing it yourself and our article on when you need an immigration lawyer for a partner visa set out the considerations. Couples comparing their options can also read our explanation of the differences between a migration agent and a lawyer for a partner visa.

The practical test is whether the couple can confidently answer how to apply partner visa criteria to every fact in their history: the relationship timeline, previous relationships, visa history, character and the sponsor's history. Where any of those is unclear, advice before lodgement is far easier than repair after lodgement.

Responding to section 56 requests for more information

A section 56 request is a written request from the Department for more information or documents, and it must be answered fully within the time stated in the request. Section 56 of the Migration Act 1958 allows the Department to invite an applicant to give additional information. Partner visa applicants commonly receive these requests, for example for updated relationship evidence, police certificates, health examinations or further forms.

The timeframe in the request is usually short and is applied strictly. If the information is not provided in time, the Department may decide the application on the information it already holds. Our guide to responding to a section 56 request for more information explains how to prepare a response. A response should answer exactly what was asked, attach the documents under the correct category in ImmiAccount and, where the request reveals a concern, address that concern directly. Where a request is unclear, the safer course is to consider how to apply partner visa evidence requirements to the specific concern and to provide relevant material that answers it.

A section 56 request is different from a natural justice letter under section 57, which invites the applicant to comment on adverse information the Department may rely on. A section 57 letter is a warning sign and needs a careful written response. Our article on the section 57 natural justice letter for a partner visa explains what it means. Understanding how to apply partner visa procedural fairness rules to a section 57 letter is a task for a lawyer, because the response becomes part of the record for any later review.

Form 80 and Form 1221 if requested

Form 80 is the personal particulars form used for character assessment. It asks for a full history of addresses, employment, travel, military service, family members and other personal particulars. The Department may request a Form 80 from the applicant, and from family members aged 16 or over included in the application, and commonly does so for partner visas. Form 1221 asks for additional personal particulars and may be requested at the same time or separately.

These forms are usually requested by a section 56 request after lodgement. They must be consistent with the online application, the relationship statement and every previous visa application. Our guide on how to complete Form 80 without errors explains the most common mistakes. Couples learning how to apply partner visa consistency requirements across several forms should keep the online application open beside the Form 80 while completing it, and check every date and address against it.

Appointing a representative with Form 956

If a lawyer or registered migration agent acts for you, they are appointed using Form 956, and Form 956A is used to appoint an authorised recipient of correspondence. Once a representative is appointed, the Department sends correspondence to the representative. Our guide to Form 956 and Form 956A explains the difference between the two forms.

The appointment can be made when the application is lodged or at any time afterwards. If you lodged the application yourself and later want legal help, a representative can be appointed during processing. If you change representatives, the new appointment and the withdrawal of the earlier one should be notified so that correspondence goes to the right person. Our article on how to change your immigration lawyer in Australia explains that process.

Updating the Department with Form 1022

Changes in circumstances after lodgement must be notified to the Department, and Form 1022 is the form used to notify most changes. The obligation to notify continues for the whole period the application is being processed, including the long period between lodgement and the permanent stage assessment. Our guide to Form 1022 change of circumstances explains when it must be lodged.

Changes that should be notified include:

• a new passport or a change of name;
• the birth of a child, or a change in the family members included;
• a change in relationship status, including separation;
• new contact details or a change of residential address; and
• any new criminal charge or conviction.

A relationship breakdown during processing is a serious change. In most cases the applicant will no longer meet the criteria, but there are exceptions, including where the sponsor has died or where family violence has occurred. Our articles on what happens to a Subclass 820 application if the relationship breaks down and our family violence partner visa page explain those exceptions. Knowing how to apply partner visa notification obligations in that situation, and what to notify and when, needs advice before anything is sent.

Common lodgement errors that make a partner visa application invalid or weak

The most serious lodgement errors are lodging from the wrong location, lodging while condition 8503 applies without a waiver, overlooking Schedule 3, failing to complete the sponsorship and failing to pay the charge. Some of these make the application invalid, which means there is no application to assess. Others make the application vulnerable to refusal. Couples asking how to apply partner visa requirements safely should check each of the errors below before they lodge.

Lodging from the wrong location

An onshore Subclass 820 application must be lodged while the applicant is in Australia. An offshore Subclass 309 application must be lodged while the applicant is outside Australia, and the applicant must be outside Australia when the Subclass 309 is granted. Lodging the wrong application from the wrong place is a validity issue, not a technicality. Couples planning travel around lodgement should check how to apply partner visa location rules to their travel dates before booking flights.

Lodging while condition 8503 applies

Condition 8503 (No Further Stay) on a current visa generally prevents the holder from making a further substantive visa application in Australia, including a Subclass 820 application, unless the condition is waived. A waiver must be obtained before the partner visa is lodged, and waivers are available only in limited circumstances. Our article on whether you can apply for a Subclass 820 visa with a No Further Stay condition explains the position. Checking how to apply partner visa validity rules to a visa with condition 8503 is the first thing to do if your visa grant notice contains it.

Overlooking Schedule 3

An applicant in Australia who does not hold a substantive visa at lodgement, for example because they hold a bridging visa that is not a substantive visa or because they are unlawful, must meet the Schedule 3 criteria (3001, 3003 and 3004) unless they are waived for compelling reasons. Schedule 3 does not stop the application being lodged, but it is a criterion the applicant must meet or have waived. In Hassan (Migration) [2021] AATA 2159, a court remittal, the applicant was not the holder of a substantive visa at the time of application, the sponsor had significant illnesses, and the Tribunal found that compelling reasons existed. Our guides to Schedule 3 criteria when you are unlawful and to the Schedule 3 partner visa waiver, together with our Schedule 3 waivers page, explain how waiver claims are prepared. The waiver submission should be lodged with the application, not left for later.

A previous refusal or cancellation

An applicant who has had a previous visa refused or cancelled while in Australia may be barred from lodging certain further applications onshore. Partner visas are an exception in some situations, but the position depends on the history. Our article on whether you can lodge a partner visa after a visa refusal explains the rules. Our visa cancellations page covers cancellation.

Missing or incomplete sponsorship

An application without a completed sponsorship cannot be approved. An application where the sponsor is subject to sponsorship limitations, and no compelling circumstances are put forward, is at risk of refusal. Checking how to apply partner visa sponsorship rules to the sponsor's history is part of preparing the application, not something to leave until a request arrives.

Unpaid or failed charge payment

The charge must be paid for the application to be valid. A payment that fails or is reversed can mean there is no valid application, which matters greatly for an onshore applicant whose current visa is about to expire.

Inconsistent answers and thin evidence

The most common reason a valid application is weak is inconsistency: relationship dates in the form that differ from the statement, addresses that differ from the lease, or a history that differs from an earlier visa application. The second is thin evidence, often lodged with the intention of completing it later. Our articles on why Subclass 820 partner visas are refused and why partner visas get refused set out the patterns. A useful discipline is to ask how to apply partner visa evidence standards to each period of the relationship before lodging, not after a request arrives.

What happens if a partner visa application is refused?

If a partner visa application is refused, the refusal decision states whether review is available at the Administrative Review Tribunal and the deadline for applying. The deadline is short and strictly applied, so the decision should be read the day it arrives. Our partner visa refusals page and our article on partner visa refusal appeal options explain what to do. Our guide to ART review after a visa refusal explains the review process, and our visa refusals page and article on when you need a visa appeal lawyer cover representation on review. Many refusals trace back to how the application was lodged, which is why knowing how to apply partner visa requirements correctly at the start is worth far more than repairing an application on review.

Preparing for the permanent stage

Eligibility for the permanent Subclass 801 or Subclass 100 is generally assessed about two years after the combined application was lodged, and the Department asks for updated information and evidence at that time. The permanent visa is not a new application. The Department assesses whether the relationship is still genuine and continuing, using updated relationship evidence, updated Form 888 statements where requested, and updated police certificates and other documents.

Preparation for the permanent stage starts on the day the application is lodged:

• keep joint financial records and household documents in an organised file;
• keep evidence of social activities, joint travel and shared commitments over the whole period;
• choose Form 888 witnesses who will still know the couple at the permanent stage;
• notify every change of circumstances with Form 1022; and
• keep ImmiAccount access and contact details current.

Exceptions exist. Applicants in a long-term relationship may in some circumstances be considered for the permanent visa without waiting for the usual period, and the death of the sponsor or family violence can allow the permanent visa to be granted after the relationship has ended. Knowing how to apply partner visa permanent stage requirements to your own timeline is easier when the evidence has been kept consistently from the beginning.

Getting legal help with a partner visa application anywhere in Australia

My Migration Lawyers acts for partner visa applicants and sponsors throughout Australia, with consultations by video, so the location of the couple does not affect the service. Clients contact us from major cities and regional areas alike, including people searching for immigration lawyers in Sydney, immigration lawyers in Melbourne, immigration lawyers in Brisbane, partner visa lawyers on the Gold Coast, partner visa lawyers in Canberra, partner visa lawyers in Hobart and partner visa lawyers in Parramatta. Couples in Western Australia and South Australia often begin with our pages for immigration lawyers in Perth and immigration lawyers in Adelaide.

For couples comparing representation, our guides on choosing a partner visa lawyer in Australia, a migration lawyer in Australia, a partner visa lawyer in Perth and a partner visa lawyer in Adelaide set out what to look for. Our article on booking an immigration lawyer consultation explains what happens in a first consultation, and our guide to urgent immigration lawyer advice explains what to prepare when a visa is about to expire. If an application has already been lodged and you want it checked, our article on getting a second opinion from an immigration lawyer explains how that works.

How My Migration Lawyers prepares and lodges a partner visa application

My Migration Lawyers prepares and lodges partner visa applications for onshore and offshore couples, acts in many matters of exactly this type, and is capable of handling complex cases, including applications involving Schedule 3, condition 8503, sponsorship limitations, previous refusals and character issues. For couples asking how to apply partner visa requirements to a history that does not fit the standard pattern, the firm's work begins with the validity and risk issues, before any form is completed. Advice on how to apply partner visa criteria to the facts is given at the outset, so that the couple knows what the application must show and where the risks lie.

In practice, the firm:

• confirms the correct pathway and checks validity risks, including location, condition 8503, Schedule 3, previous refusals and sponsorship limitations;
• gives the couple a document list tailored to their relationship and history, and reviews every document for consistency before lodgement;
• reviews the relationship statement each partner provides, so that it is accurate, complete and presented in the form the law requires, with the couple correcting and confirming their own account;
• checks every Form 888 and the identity evidence attached to it;
• completes the online application and coordinates the sponsor's Form 40SP so that both are lodged on time;
• attaches the evidence in an organised, indexed form under the correct document categories;
• prepares written submissions where a waiver or exception is relied on;
• manages the bridging visa, health examinations, biometrics, section 56 requests, Form 80 and Form 1221 and Form 1022 notifications after lodgement; and
• prepares the updated evidence for the permanent stage.

The work is supervised by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers, our approach as partner visa lawyers and what to expect from a partner visa lawyer in Australia. Our immigration lawyers act across all visa types, and the firm's partner visa lawyers page sets out the partner visa service in full.

If you are working out how to apply partner visa requirements to your relationship and want the application prepared and lodged correctly from the start, book a consultation online. You can also call 1300 040 300.