Offshore Partner Visa Lawyer

Written by
Weiwei Zhang, Principal Lawyer at My Migration Lawyers
Weiwei Zhang
Principal Lawyer
Published
October 12, 2026
39 min read
Reading Time
39 min read
Table Of Contents

Key Takeaways

  • An offshore partner visa lawyer helps an Australian citizen, permanent resident or eligible New Zealand citizen bring their partner to Australia by checking eligibility, planning evidence across two countries, lodging the application online and managing it through to a decision.
  • Your partner must be outside Australia when the application is made and, as a general rule, outside Australia when the visa is granted, so visits during processing must be timed with care.
  • The Department assesses the relationship on four aspects: financial aspects, the nature of the household, social aspects and the nature of the commitment. Couples who live apart must show each aspect with evidence from both countries.
  • Identity documents, police certificates and health examinations are arranged in your partner's country, and every detail must match across forms, statements and records.
  • If the application is refused while your partner is outside Australia, the Australian partner is the person who may apply to the Administrative Review Tribunal, and the deadline is short and strictly applied.

An offshore partner visa lawyer helps an Australian partner bring the person they love to Australia when that person lives in another country. If you are an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, and your spouse, de facto partner or fiancé lives overseas, an offshore partner visa lawyer works with you to prepare, lodge and manage the application that allows your partner to join you.

This article is written for you, the Australian partner. In most offshore matters, the Australian partner is the person who first contacts an offshore partner visa lawyer, coordinates the documents, gathers the evidence held in Australia and keeps the process moving. Your partner overseas is the visa applicant in law, but the two of you are building one application together, and the work an offshore partner visa lawyer does is designed around that reality.

It is worth correcting one common misunderstanding at the start. Nobody posts a paper application from a foreign embassy anymore. The application is lodged online, through ImmiAccount, and it can be prepared and lodged by your lawyer in Australia. What matters in law is where your partner is physically located when the application is made and when it is decided. Everything else is about evidence, accuracy and timing. For the wider legal framework across all partner visa pathways, see the complete guide to partner visas in Australia.

What Does an Offshore Partner Visa Lawyer Do?

An offshore partner visa lawyer assesses whether the couple meets the legal requirements, plans the relationship evidence across two countries, prepares the identity, character and health steps in the partner's country, lodges the application online, responds to the Department of Home Affairs during processing and protects the couple's review rights if the application is refused.

In practical terms, the work of an offshore partner visa lawyer falls into seven stages:

  • Eligibility check. Confirming that the relationship meets the legal definition of a spouse or de facto partner, or that a genuine intention to marry exists, and identifying any history that could cause problems.
  • Evidence planning. Mapping what evidence the couple already holds in each country and what needs to be gathered before lodgement.
  • Statements. Preparing the relationship statement and the supporting Form 888 statements in the form the law requires.
  • Identity, character and health. Planning passports, civil documents, police certificates and health examinations in the partner's country.
  • Online lodgement. Preparing the application, uploading documents and lodging it while the partner is outside Australia.
  • Processing. Answering Department requests, notifying changes and managing visits so that the partner is in the right place at the right time.
  • Refusal and review. If a refusal issues, identifying the review right, who holds it, and acting before the deadline.

An offshore partner visa lawyer does not invent a relationship or construct a story. The role is to present the couple's own account and their own evidence accurately, completely and in the way the Migration Act 1958 and the Migration Regulations 1994 require. The firm's partner visa lawyers handle this work for couples across Australia, and the offshore partner visa service page explains the pathway in more detail.

Why the Australian partner usually leads the process

The Australian partner holds much of the evidence the Department wants to see. Bank records showing money transfers, travel records for trips overseas, records of shared plans in Australia, and the people who can make Form 888 statements are usually on the Australian side. An offshore partner visa lawyer will therefore work closely with the Australian partner from the first consultation, while also taking instructions from the overseas partner, who is the applicant and who must sign and verify their own information.

That two-sided structure is why an offshore partner visa lawyer spends time early on setting up clear communication between both partners and the firm. Couples in different time zones often lose weeks to small misunderstandings about who is collecting what. A clear plan avoids that.

Who Is the Client When You Hire an Offshore Partner Visa Lawyer?

Both partners are clients in a practical sense, because the application depends on both of them. The partner overseas is the visa applicant in law. The Australian partner is the partner on whose status the application is based. An offshore partner visa lawyer acts in the interests of the couple's shared goal, which is to have the partner granted a visa so the couple can live together in Australia.

Each partner must give their own information truthfully. The Department checks that the two accounts match. An offshore partner visa lawyer will therefore take instructions from each partner directly where it matters, such as relationship history, previous relationships, previous visa applications and personal particulars.

If you are deciding whether to engage a lawyer at all, the partner visa lawyer guide explains when legal help adds value, and the partner visa lawyer versus doing it yourself article sets out the risks of each approach. The factual differences between registered migration agents and lawyers are explained neutrally in the partner visa migration agent or lawyer article.

Appointing your offshore partner visa lawyer formally

Once engaged, an offshore partner visa lawyer is appointed using Form 956 so that the Department communicates through the lawyer. The Form 956 and 956A guide explains how that appointment works. This matters for offshore couples because Department correspondence then reaches someone in Australia who is monitoring the file every working day, rather than an inbox in another time zone.

The Eligibility Check: The First Job of an Offshore Partner Visa Lawyer

The first job of an offshore partner visa lawyer is to confirm that the relationship meets the legal requirements before anything is prepared. If the relationship does not yet meet a legal definition, lodging early can lead to refusal, and a refusal stays on the record.

At the time of application, the partner overseas must be the spouse or de facto partner of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, or must intend to marry one of them in a marriage that would be valid under Australian law. These requirements are set out in the criteria for the offshore temporary visa, known as the Subclass 309 visa, which is lodged together with its permanent stage on one application.

An offshore partner visa lawyer will check the following points in the eligibility assessment.

Married couples

A married couple must have a marriage that is valid for Australian purposes. Section 5F of the Migration Act defines when people are in a married relationship, and regulation 1.15A sets out the matters the Department considers. An overseas marriage is generally recognised if it was valid where it took place and would be recognised under the Marriage Act 1961. An offshore partner visa lawyer will look at the marriage certificate, how the marriage was registered and whether either partner had an earlier marriage that was properly ended.

De facto couples

A de facto relationship is defined in section 5CB of the Act, and regulation 1.09A sets out the factors the Department considers. Generally, the relationship must have existed for at least 12 months before the application, unless an exception applies, such as registration of the relationship in an Australian state or territory. The detail is covered in the de facto partner visa article and the 12 month de facto rule article. Same-sex couples are assessed under the same rules, and the LGBTI partner visa page explains the specific evidence issues that can arise when the partner lives in a country that does not recognise the relationship.

Couples who intend to marry

If the couple is engaged but not yet married, there are two possible approaches: lodging on the basis of an intended marriage, or using the Prospective Marriage visa. An offshore partner visa lawyer will explain which is more suitable based on where and when the couple plans to marry.

History that can affect the application

An offshore partner visa lawyer will also ask about each partner's history. This includes previous visa applications by the overseas partner, any earlier refusals or cancellations, any time the partner spent in Australia and how that time ended, any criminal record, and any earlier partner relationship on which a visa was granted. If the partner has previously been in Australia, the Department checks whether any exclusion period or debt applies. The firm obtains Australian visa history itself through Department and Tribunal records where needed, so the couple is not asked to produce documents they no longer hold.

Issues an Offshore Partner Visa Lawyer Identifies Before Lodgement

Most refusals in offshore partner matters can be traced to issues that were visible before lodgement but were not explained. An offshore partner visa lawyer looks for those issues at the start, so that the application deals with them openly rather than leaving the Department to draw its own conclusions.

The issues that most often need careful explanation are:

  • Long periods apart. Work, study, family obligations, earlier visa refusals or travel restrictions can keep couples apart for months or years. The reasons must be explained, and the evidence must show the relationship continued during that time.
  • A short relationship before marriage. Some couples marry soon after meeting, sometimes in line with cultural or religious practice. That is not a bar, but the Department will look closely at how the relationship developed and how well the couple knows each other.
  • Arranged or family-introduced marriages. These are recognised relationships. An offshore partner visa lawyer will make sure the evidence shows the couple's own commitment to each other, not only the families' arrangements.
  • Previous relationships. If either partner was previously married or in a de facto relationship, the timing of the end of that relationship matters. Divorce and separation records should be available.
  • Differences in age, language or background. None of these prevents a genuine relationship, but the Department may ask how the couple communicates and how the relationship works in practice.
  • Earlier visa applications. An earlier refusal, or information in an earlier application that differs from the current one, must be reconciled. The firm checks earlier applications through Department records where needed.

An offshore partner visa lawyer does not hide these issues. The approach is to explain them directly, support the explanation with evidence, and present the relationship as it actually is. The partner visa lawyers article explains how lawyers approach complex partner files, and couples facing a deadline or an urgent problem can read the urgent advice guide to see what to gather before a consultation.

Where Your Partner Must Be: Outside Australia at Lodgement and at Decision

Yes, your partner must be outside Australia when the application is made, and, as a general rule, outside Australia when the visa is granted. This is the single most important timing rule an offshore partner visa lawyer manages.

Paragraph 1220A(3)(b) of Schedule 1 to the Migration Regulations requires every applicant to be outside Australia at the time of application. Subclause 309.412(1) of Schedule 2 requires the applicant to be outside Australia when the visa is granted. A limited exception in subclause 309.412(2) applied to certain applicants connected to the COVID-19 concession period. It is not a planning tool for new applications, and an offshore partner visa lawyer will treat the outside Australia rule as fixed unless the facts clearly bring a case within that exception.

This rule has three practical consequences:

  • Lodgement must happen while your partner is overseas. If your partner is visiting you in Australia, the application cannot be validly lodged until they have left. Lodging while they are in Australia produces an invalid application.
  • Visits are possible, but the decision cannot be made while your partner is here. Your partner may visit Australia on a separate visa while the application is being processed. However, the visa cannot be granted while your partner is in Australia, so the timing of every visit has to be managed around the likely decision window.
  • The onshore pathway is a different application. Couples who are already together in Australia may consider the onshore partner visa, which has its own rules, including restrictions where a visitor visa carries a no further stay condition. The tourist visa to partner visa article and the condition 8503 article explain those risks.

An offshore partner visa lawyer will discuss which pathway suits the couple before preparing anything. The Subclass 820 visa overview is useful background if you are weighing the two options.

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Building Relationship Evidence Across Two Countries

Relationship evidence for couples who live apart must show the same four aspects as for couples who live together: financial aspects, the nature of the household, social aspects and the nature of the commitment. The difference is that the evidence comes from two countries, and an offshore partner visa lawyer has to plan how each aspect will be shown when the couple does not share a home every day.

The Department does not use a fixed checklist or a points system. It looks at the relationship as a whole. A couple who has spent long periods apart is not disqualified, but the reasons for living apart, and the ways the couple has maintained the relationship, must be explained and supported. The partner visa relationship evidence guide and the article on preparing evidence of a genuine relationship explain the general principles. This section explains how an offshore partner visa lawyer applies them when the couple lives in different countries.

Time spent together

The strongest evidence for most offshore couples is the time they have physically spent together. An offshore partner visa lawyer will build a timeline of every period together, with supporting records such as:

  • passport entry and exit stamps and travel itineraries;
  • boarding passes and booking confirmations;
  • accommodation records showing both names, or a shared address;
  • photographs taken across the whole relationship, not only special occasions; and
  • records of any period the couple lived together, in either country or a third country.

The timeline is the backbone of the application. Every date in it must match the forms, the relationship statement and the documents. An offshore partner visa lawyer checks those dates line by line, because inconsistencies are one of the most common reasons the Department doubts a relationship.

Visits and the nature of the household

The nature of the household is the aspect couples who live apart find hardest to show. An offshore partner visa lawyer will gather evidence of how the couple lived when they were together: who paid for accommodation, how household tasks were shared, and where they stayed. Evidence of plans to live together in Australia is also relevant, such as a lease or home in Australia where the couple intends to live, or steps taken to prepare for the partner's arrival.

Communication between visits

Regular communication shows that the relationship continued between visits. An offshore partner visa lawyer will select representative samples of messages, call logs and video call records across the whole period of the relationship, rather than uploading thousands of screenshots. The aim is to show frequency, continuity and the personal nature of the contact. Messages in a language other than English need translation for the parts relied on.

Money transfers and financial aspects

Money transfers between partners are often the clearest financial evidence for couples in different countries. Bank statements showing regular transfers, payments for flights or accommodation for the other partner, and any joint accounts or shared financial commitments are all relevant. An offshore partner visa lawyer will explain the purpose of the transfers in the relationship statement, so that the Department understands what the money was for. Financial support alone does not prove a relationship, but it is an important part of the overall picture.

Social aspects

Social evidence shows that the couple is known as a couple to family, friends and the community. Relevant material includes invitations addressed to both partners, photographs with family and friends in both countries, evidence of attending weddings or celebrations together, and social media that shows the relationship over time. Where families have met each other, an offshore partner visa lawyer will make sure that is documented.

Nature of the commitment

The nature of the commitment covers the length of the relationship, the couple's knowledge of each other's lives and their intention to live together permanently. Evidence of future planning, such as plans for work in Australia, discussions about children, or naming each other as beneficiaries, can be relevant. The partner visa document checklist and the evidence checklist article list the categories in detail.

The relationship statement

There is one relationship statement. It tells the story of the relationship: how the couple met, how the relationship developed, the time spent together and apart, how the couple has supported each other, and their plans for the future. An offshore partner visa lawyer prepares the statement from both partners' instructions, and both partners review and correct it so that it is their own evidence in their own words. The relationship statement guide explains what a strong statement covers.

For couples who live apart, the relationship statement must explain the reasons for the separation, how the couple stayed connected, and how often they met. An offshore partner visa lawyer will make sure the statement addresses each of the four aspects of the relationship, because a statement that only describes romantic moments does not answer the questions the Department is asking.

Form 888 statements

Form 888 statements are statements from Australian citizens or Australian permanent residents who know the couple and can confirm the relationship. Two Form 888 statements are generally provided. An offshore partner visa lawyer will advise the Australian partner on who is best placed to make them and what each witness should cover from their own knowledge. The Form 888 guide explains who can make one, and the Form 888 examples article shows common mistakes. Each witness must describe what they have personally seen. A Form 888 statement that repeats general phrases without detail adds little weight.

Identity, Police Certificates and Health Checks in Your Partner's Country

Your partner must satisfy identity, character and health requirements, and most of that work happens in your partner's country. An offshore partner visa lawyer plans these steps so that documents are current when the Department needs them and nothing expires at the wrong time.

The primary applicant must satisfy a list of public interest criteria in Schedule 4 to the Regulations, including PIC 4001 (character), PIC 4007 (health), PIC 4020 (integrity) and PIC 4021 (passport). Applicants aged 18 or over at the time of application must also satisfy PIC 4019, which involves signing the Australian values statement.

Identity documents

Your partner needs a valid passport and civil documents such as a birth certificate, and evidence of any change of name. Documents not in English need English translations. An offshore partner visa lawyer will check that the name, date of birth and other particulars are identical across the passport, civil documents, the application and the relationship statement. Small differences in spelling or dates are common in some countries, and they need to be explained before the Department asks.

Police certificates

To satisfy the character requirement, your partner will need police certificates from the countries the Department specifies, which generally means countries where they have lived for significant periods. Police certificates have a limited period of validity and some countries take a long time to issue them. An offshore partner visa lawyer will identify which certificates are needed, the order in which to request them and the right moment to obtain them, so that they are still current when the Department assesses the application. If there is any criminal history, the lawyer will assess it under the character provisions before lodgement.

Health examinations

Your partner must meet the health requirement in PIC 4007. Health examinations are completed with a doctor approved by the Department in your partner's country. An offshore partner visa lawyer will advise on when to arrange the examinations, because health results also have a limited period of validity. Arranging them too early can mean repeating them. Arranging them too late can delay the decision.

The Form 80 personal particulars form

The Department may ask your partner to complete Form 80, which records personal history, travel, employment and addresses in detail. An offshore partner visa lawyer will make sure the Form 80 matches every other document on the file. The Form 80 guide explains the common errors.

Why consistency matters: the integrity PIC

PIC 4020 allows the Department to refuse an application where false or misleading information, or a bogus document, has been given, and it can affect later applications too. For couples who live in different countries, inconsistencies often arise innocently, through different date formats, transliterated names or forgotten trips. An offshore partner visa lawyer reviews the whole file for consistency before lodgement so that innocent errors are corrected, not left for the Department to interpret.

When to Lodge: Timing the Application

The right time to lodge is when the relationship meets the legal definition and the core evidence is ready, not simply as soon as possible. An offshore partner visa lawyer sets the lodgement date by working backwards from the legal requirements and forwards from the evidence the couple already holds.

Several timing points affect the decision:

  • De facto couples generally need at least 12 months of de facto relationship before the application, unless an exception such as relationship registration applies. Lodging one month too early can mean refusal.
  • Couples who are about to marry may decide to lodge after the wedding so that the application is based on a marriage rather than an intended marriage. An offshore partner visa lawyer will explain the consequences of each option.
  • Couples planning a visit together may decide to lodge after that visit, so that the new time together is included in the evidence from the start.
  • Your partner's location must be outside Australia on the day of lodgement, so lodgement should not be planned during a visit to Australia.
  • Document availability in your partner's country can take time. Civil records and police certificates in some countries take weeks or months to issue.

Processing times vary and the Department does not guarantee any period. Couples should plan on the basis that processing can be lengthy, and that the relationship evidence will need to be kept up to date throughout. An offshore partner visa lawyer will add new evidence during processing rather than relying only on what was lodged on day one.

There is no benefit in lodging an incomplete application to secure an earlier date. The Department can decide an application on the information before it. A decision on a thin file can be a refusal, and a refusal is far harder to fix than a short delay before lodgement.

How an Offshore Partner Visa Lawyer Manages Online Lodgement

The application is lodged online through ImmiAccount, and an offshore partner visa lawyer can prepare and lodge it from Australia while your partner remains overseas. There is no need for your partner to visit an embassy to lodge, and there is no paper application to post.

An offshore partner visa lawyer will manage the lodgement in this order:

  • Confirm your partner is outside Australia on the day of lodgement.
  • Finalise the application form with each partner's verified particulars.
  • Upload the core evidence in clear, labelled files, organised by the four aspects of the relationship.
  • Lodge, and confirm validity. The lawyer checks that the application has been accepted and that the acknowledgement records the correct details.
  • Calendar the next steps, including health examinations, police certificates and any requests the Department makes.

A government charge is payable to the Department when the application is lodged. Couples who want to understand ImmiAccount itself can read the guide on how to create an ImmiAccount. Where a couple has already lodged without a lawyer, the article on hiring a lawyer after lodgement explains how an offshore partner visa lawyer can take over an existing file.

Including children in the application

Dependent children of the overseas partner can be included in the same application. Additional requirements apply to children, including requirements relating to custody and the best interests of the child where a parent is not migrating. An offshore partner visa lawyer will identify those requirements at the eligibility stage.

Visiting Each Other While the Application Is Processed

Yes, couples can usually keep visiting each other while the application is processed, but visits by your partner to Australia must be timed so that your partner is outside Australia when the Department is ready to decide. An offshore partner visa lawyer will plan visits with that rule in mind.

Visits by the Australian partner to your partner's country raise no location problem and often strengthen the evidence. Each visit adds time together, photographs, travel records and shared expenses. An offshore partner visa lawyer will ask you to keep records of every trip and will upload new evidence as the application progresses.

Visits by your partner to Australia need more care. Your partner needs a separate visa to travel to Australia while the application is pending, and that visa is assessed on its own criteria. If your partner is in Australia when the Department is ready to grant the partner visa, the visa cannot be granted while they remain here. An offshore partner visa lawyer will monitor the file during any visit and advise your partner to leave Australia in good time if a decision appears close.

There is also a second risk. If a visitor visa carries a no further stay condition, it can restrict options for applying for other visas while in Australia. An offshore partner visa lawyer will check the conditions of any visa your partner holds before they travel.

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Responding to Department Requests During Processing

You should expect the Department to ask for more information during processing, and every request has a deadline. An offshore partner visa lawyer responds to those requests on time and in a way that answers the specific concern raised.

The most common requests are:

  • Requests for further information under section 56. The Department may ask for additional evidence, updated police certificates, health examinations or Form 80. The section 56 request guide explains how to respond.
  • Natural justice letters under section 57. If the Department has information that could lead to refusal, it may invite a response. This is often the last chance to address a concern before a decision. The section 57 natural justice letter article explains how these letters work.
  • Interview requests. The Department sometimes interviews one or both partners. An offshore partner visa lawyer will explain the process and what the interview covers, without scripting answers.

Telling the Department about changes

Couples must tell the Department about changes in circumstances, such as a new address, a new passport, the birth of a child or the end of the relationship. The Form 1022 change of circumstances guide explains when to notify. An offshore partner visa lawyer will lodge notifications promptly and add new relationship evidence throughout processing, such as records of new visits.

If the relationship ends because of family violence, there are specific provisions that may help the applicant in some circumstances. The family violence partner visa page explains the general position.

If the Application Is Refused: Review Rights for the Australian Partner

If the application is refused while your partner is outside Australia, the Australian partner is generally the person who may apply to the Administrative Review Tribunal (ART) for review. The deadline is short, it is strictly applied, it runs from notification of the decision, and the Tribunal cannot extend it.

This is a point many couples get wrong. Under subsection 338(5) of the Migration Act, a decision to refuse a visa that cannot be granted while the applicant is in Australia, where the applicant was sponsored by an Australian citizen or permanent resident, is reviewable, and the review application is made by the sponsor. Departmental policy confirms that for an applicant located outside Australia at the time of decision, the review application must be made by the Australian partner, who may be in or outside Australia when applying. This is why an offshore partner visa lawyer treats the Australian partner as central to the file from the beginning: if a refusal issues, you are the person who acts.

The ART replaced the Administrative Appeals Tribunal on 14 October 2024. The refusal letter states the review rights and the deadline. Read it on the day it arrives, and contact your lawyer immediately. A government charge is payable to the Tribunal when the review application is made.

On review, the Tribunal considers the application again on its merits. It can affirm the refusal, set it aside and substitute a new decision, or set it aside and remit the matter to the Department. A remittal means the Tribunal sends the application back to the Department to reconsider with the Tribunal's findings. It is not a grant. An offshore partner visa lawyer will prepare written submissions, gather new evidence that answers the reasons for refusal, and prepare both partners for the Tribunal hearing.

The partner visa refused article explains the options after refusal, and the ART review guide explains what happens at the Tribunal. Common reasons for refusal are discussed in why partner visas get refused. The firm's partner visa refusals page and visa refusals service page describe how review matters are run, and the visa appeal lawyer article explains the work involved. If the Tribunal affirms a refusal and there is an arguable legal error, judicial review may be available, subject to its own strict time limits.

What Tribunal Decisions Show About Couples Living in Different Countries

Tribunal decisions show that living in different countries does not, on its own, prevent a relationship from being accepted as genuine and continuing. What matters is the evidence of how the couple has maintained the relationship across the distance. These decisions are useful context for any offshore partner visa lawyer preparing a file.

In each of the following decisions, the Tribunal set aside the refusal and remitted the matter, which means it sent the application back to the Department to reconsider. A remittal is not a grant. The issues listed are the issues the decisions were reported on:

  • Raymont (Migration) [2020] AATA 5584: genuine and continuing relationship; the applicants' visits to each other's countries; the applicant's inaccurate knowledge of the sponsor; methods of communication.
  • Koroma (Migration) [2026] ARTA 200: genuine and continuing relationship; validly married in the home country; limited financial, household and social aspects of the relationship while living in different countries.
  • Kesserwani (Migration) [2024] AATA 1470: genuine and continuing relationship; validly married; money transfers; neighbouring families.
  • Nguyen (Migration) [2022] AATA 185: genuine long-term relationship; cultural engagement and marriage registered in the home country; daily communication during COVID-19 travel restrictions; nature of commitment.
  • Salise (Migration) [2024] AATA 1932: genuine and continuing relationship; circumstances of meeting and progress of the relationship; previous visits on tourist visas; validly married.
  • Khruapanich (Migration) [2023] AATA 147: genuine and continuing relationship; de facto relationship for at least 12 months; pooling of financial resources; shared overseas holidays.

Most of these decisions were made by the Administrative Appeals Tribunal before the ART commenced. They illustrate the issues the Tribunal examined in each case. They do not establish that any particular fact will be accepted in a later case. What they do show is that visits, communication, money transfers and the explanation for living apart are exactly the evidence an offshore partner visa lawyer must prepare carefully from the start, rather than assemble after a refusal.

After Grant: First Entry and the Permanent Stage

Once the temporary visa is granted, your partner can travel to Australia and live with you. The visa will specify a date by which your partner must first enter Australia, which departmental policy sets at 12 months from grant. An offshore partner visa lawyer will remind the couple of that date and of any other conditions on the visa.

The application lodged at the start also covers the permanent stage, known as the Subclass 100 visa. The permanent stage is generally assessed once two years have passed since the application was lodged. Where the couple was already in a long-term partner relationship when the application was made, meaning a relationship of at least three years, or at least two years if there is a dependent child of both partners, the permanent stage can be considered without that waiting period.

At the permanent stage, the Department checks that the relationship is continuing and may ask for updated evidence and police certificates. An offshore partner visa lawyer will prepare that evidence in the same structured way as the first stage.

Location still matters at the permanent stage. Departmental policy states that if the permanent stage is refused while your partner is outside Australia, there is no merits review right. If it is refused while your partner is in Australia, the partner may apply for review, but only while physically present in Australia. An offshore partner visa lawyer will therefore advise on travel around the time the permanent stage is being decided.

Choosing an Offshore Partner Visa Lawyer

The right offshore partner visa lawyer is one who explains the law clearly, plans the evidence across both countries, and manages the timing rules from lodgement to the final decision. Check that the lawyer holds a current practising certificate, ask who supervises the matter, and ask how the firm communicates with couples in different time zones.

The guides on choosing the best partner visa lawyer in Australia, finding and checking an Australian migration lawyer and what an immigration lawyer does set out the questions to ask. If you already have a representative and want a fresh view, the second opinion guide and the article on changing your immigration lawyer explain the process. The migration agent versus immigration lawyer article compares the two professions factually, and the article on using an immigration lawyer for a partner visa explains when legal help is most valuable.

How My Migration Lawyers Works as Your Offshore Partner Visa Lawyer

My Migration Lawyers acts as an offshore partner visa lawyer for Australian partners who want to bring their spouse, de facto partner or fiancé to Australia. The firm works with the Australian partner as the coordinating point of the matter, and with the overseas partner as the applicant, so that both sides of the relationship are presented consistently.

On an offshore matter, the firm's work follows these steps:

  • Eligibility and history check. My Migration Lawyers confirms that the relationship meets the legal definition, identifies the right pathway, and checks each partner's history, including previous visa applications, which the firm obtains from Department and Tribunal records where needed.
  • Evidence plan across two countries. The firm maps the evidence already held in Australia and overseas against the four aspects of the relationship, and tells the couple exactly what is still needed and why.
  • Relationship statement and Form 888 statements. The firm prepares the one relationship statement from both partners' instructions, which the couple reviews and corrects, and guides the Australian witnesses on their Form 888 statements.
  • Identity, character and health planning. The firm sets the timing for police certificates and health examinations in the partner's country so that they are current when the Department assesses the file.
  • Online lodgement. The firm lodges the application online from Australia while the partner is outside Australia, and confirms that the application is valid.
  • Processing and visits. The firm answers Department requests, notifies changes, uploads new evidence and advises on the timing of any visit by the partner to Australia.
  • Refusal and review. If a refusal issues, the firm identifies the review right and the deadline on the day the decision arrives and, where the Australian partner holds the review right, prepares the review application with them.

My Migration Lawyers acts in many offshore partner matters, including couples who have spent long periods apart, couples from countries where documents are difficult to obtain, couples with earlier visa refusals, and couples facing review after a refusal. These cases are often complex, and the firm is equipped to handle them. Matters are supervised by Weiwei Zhang, Principal Lawyer. No outcome can be promised in any migration matter, but a clear plan from an offshore partner visa lawyer before lodgement prevents most avoidable delay and refusal risk.

The firm acts for Australian partners across the country, including through its partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Consultations are held by video, so the overseas partner can join from their own country. You can learn more about My Migration Lawyers, read the offshore partner visa service page, or read what to expect from a consultation.

If your partner lives overseas and you want to bring them to Australia, speak to an offshore partner visa lawyer before you lodge.

Book a consultation with My Migration Lawyers to have your offshore partner visa matter assessed. You can also call 1300 040 300.

Frequently Asked Questions

What does an offshore partner visa lawyer do?

An offshore partner visa lawyer helps an Australian partner bring their spouse, de facto partner or fiancé to Australia. The work includes checking eligibility, planning relationship evidence across two countries, preparing the relationship statement and Form 888 statements, timing police certificates and health examinations, lodging the application online, answering Department requests during processing and protecting review rights if the application is refused. The lawyer presents the couple's own account and evidence in the form the law requires.

Can I hire an offshore partner visa lawyer in Australia if my partner lives overseas?

Yes. The application is lodged online, so an offshore partner visa lawyer in Australia can prepare and lodge it while your partner stays in their own country. The Australian partner usually coordinates with the lawyer and gathers the evidence held in Australia, while the overseas partner provides their own documents and verifies their personal information. Consultations can be held by video so that both partners can take part from different countries.

Does my partner need to be outside Australia when the application is lodged?

Yes. Paragraph 1220A(3)(b) of Schedule 1 to the Migration Regulations 1994 requires the applicant to be outside Australia when the application is made. If your partner is visiting you in Australia, the application cannot be validly lodged until they have left. Lodging while your partner is in Australia produces an invalid application, so the lodgement date should be planned around their travel.

Does my partner need to be outside Australia when the visa is granted?

Generally yes. Subclause 309.412(1) of Schedule 2 requires the applicant to be outside Australia when the visa is granted, subject to a limited exception connected to the COVID-19 concession period. If your partner is visiting Australia when the Department is ready to decide, the visa cannot be granted while they remain here. Visits should therefore be timed with advice, especially when a decision may be close.

Can my partner visit me in Australia while the partner visa is being processed?

Usually yes, on a separate visa that is assessed on its own criteria. However, the partner visa generally cannot be granted while your partner is in Australia, so visits should be planned around the likely decision period. An offshore partner visa lawyer will also check whether any visa your partner holds carries a no further stay condition before they travel, because that condition can restrict their options while in Australia.

What evidence does an offshore partner visa lawyer need from the Australian partner?

The Australian partner usually holds evidence of money transfers, travel records for trips overseas, records of shared plans in Australia, and contact with the people who can make Form 888 statements. An offshore partner visa lawyer will also ask for photographs, communication records and any evidence of the couple's future living arrangements in Australia. The aim is to show all four aspects of the relationship from both sides.

How do we prove our relationship if we live in different countries?

You show the same four aspects as any couple: financial aspects, the nature of the household, social aspects and the nature of the commitment. For couples who live apart, the key evidence is usually time spent together, visit records, regular communication, money transfers, recognition by family and friends, and plans to live together in Australia. The relationship statement must also explain why you have lived apart and how you stayed connected.

How many relationship statements are needed for an offshore partner visa?

There is one relationship statement. It tells the story of the relationship, including how the couple met, how the relationship developed, time together and apart, and future plans. An offshore partner visa lawyer prepares it from both partners' instructions, and both partners review and correct it so that it is their own evidence. Form 888 statements from Australian witnesses are separate supporting statements.

Who can make a Form 888 statement for an offshore partner visa?

Form 888 statements are made by Australian citizens or Australian permanent residents who know the couple and can confirm the relationship from their own knowledge. Two are generally provided. Good witnesses are people who have met both partners, spent time with them as a couple, or followed the relationship closely. Each witness should describe what they have personally seen rather than repeating general phrases.

What police certificates and health checks does my partner need?

Your partner must meet the character and health requirements in Schedule 4 to the Regulations. In practice this means police certificates from the countries the Department specifies and health examinations with a doctor approved by the Department. Both have limited validity, so an offshore partner visa lawyer will advise on when to obtain them so they remain current when the Department assesses the application.

Who can appeal if an offshore partner visa is refused?

If the application is refused while your partner is outside Australia, the Australian partner is generally the person who may apply to the Administrative Review Tribunal for review under subsection 338(5) of the Migration Act 1958. The Australian partner may apply from inside or outside Australia. The deadline is short, strictly applied, runs from notification of the decision and cannot be extended by the Tribunal.

What should we do if we receive a request from the Department?

Read it on the day it arrives, note the deadline and send it to your lawyer straight away. Requests can ask for more evidence, updated police certificates, health examinations or Form 80, or can invite comment on information that may lead to refusal. An offshore partner visa lawyer will answer the specific concern raised, with supporting evidence, before the deadline passes.

Can an offshore partner visa lawyer take over an application we lodged ourselves?

Yes. An offshore partner visa lawyer can review an application already lodged, identify gaps or inconsistencies, upload further evidence and correct errors through the proper process. Once appointed by Form 956, the lawyer receives the Department's correspondence. Taking over early is better than waiting for a request or a natural justice letter, because there is more time to strengthen the file.

Can children be included in an offshore partner visa application?

Yes. Dependent children of the overseas partner can generally be included in the same application. Additional requirements apply to children, including requirements relating to custody and the best interests of the child where another parent is not migrating. An offshore partner visa lawyer will identify those requirements during the eligibility check so that the necessary consent or court documents are ready.

What happens after my partner's offshore partner visa is granted?

Your partner can travel to Australia and live with you. The visa specifies a date by which your partner must first enter Australia, which departmental policy sets at 12 months from grant. The permanent stage is generally assessed once two years have passed since lodgement, unless the couple was already in a long-term relationship when the application was made.

When should we contact an offshore partner visa lawyer?

Ideally before you prepare anything, so the eligibility check, evidence plan and lodgement date are set correctly from the start. Contact a lawyer immediately if you receive a Department request, a natural justice letter or a refusal, because each has a deadline. An early consultation lets the offshore partner visa lawyer identify issues such as long periods apart or earlier visa refusals before they affect the application.

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Weiwei Zhang, Principal Lawyer at My Migration Lawyers
Weiwei Zhang
Principal Lawyer

Weiwei Zhang is the Principal Lawyer and Managing Director of My Migration Lawyers. My Migration Lawyers is one of Australia's leading immigration law firms, dedicated exclusively to Australian immigration law. The firm represents individuals, families and businesses across all areas of migration law, with particular expertise in complex immigration matters, Partner Visas, Protection Visas, corporate migration, visa refusals, Administrative Review Tribunal reviews, judicial reviews and visa cancellations.

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