Partner Visa Changes

What are the partner visa changes as at October 2026?

The partner visa changes that matter most as at October 2026 are a new processing order under Ministerial Direction 117, the replacement of the Administrative Appeals Tribunal by the Administrative Review Tribunal, and an expansion of the family violence provisions to further partner visa cohorts. Alongside these partner visa changes sit two proposals that are often reported as law but are not: an English requirement for partner applicants and sponsors, and a requirement for sponsors to be approved before the visa application is lodged. There is also a newly announced plan to attach a no further stay condition to future visitor visas, which has not yet been put into law.

This article sets out each of the partner visa changes in the same way: what changed, the date, who it affects, and what a pending or new applicant should check now. It is written as at October 2026. Migration law moves quickly, and the Department of Home Affairs updates its partner visa pages often. The partner visa pages on the Department's website were updated in late September 2026, and the Department's Family visa processing priorities page now records Ministerial Direction 117.

The core legal structure of the partner program has not changed. The onshore Subclass 820 temporary partner visa and the permanent Subclass 801 are still applied for together in one combined application. The offshore Subclass 309 partner visa and the permanent Subclass 100 are still lodged online together. The Subclass 300 Prospective Marriage visa still exists for couples who intend to marry in Australia. The relationship must still be genuine and continuing, and the four aspects of the relationship (financial aspects, the nature of the household, social aspects and the nature of the commitment) are still assessed as a whole. For the full structure of the program, the complete partner visa guide remains the starting point.

What has changed is the environment around those rules: the order in which applications are decided, who reviews a refusal, who can rely on the family violence provisions, and what the Government has said it will do next. These partner visa changes affect real decisions. An applicant who lodges onshore today sits in a different processing position from one who lodged offshore. An applicant who was refused after 14 October 2024 deals with a different Tribunal from one who was refused before it. A Prospective Marriage visa holder whose relationship ended because of family violence may now have options that did not exist before December 2024.

A summary of the verified partner visa changes

The verified partner visa changes covered in this article are:

• Ministerial Direction 117 took effect on 25 July 2026 and replaced Ministerial Direction 102. It sets the order in which family visa applications, including partner applications, are considered and decided.
• The Administrative Review Tribunal commenced on 14 October 2024 and replaced the Administrative Appeals Tribunal. Merits review of partner visa refusals now happens in the ART.
• Family violence provisions were expanded from 17 December 2024 to additional cohorts in 20 visa subclasses, including additional cohorts in the Prospective Marriage (Subclass 300) and Partner (Subclass 309) visas.
• Family violence evidence rules were broadened from 31 March 2023, including new types of evidence and new professionals who can provide it.
• Visa application charges change on 1 July each year under the Migration Regulations 1994.

The announced or proposed partner visa changes that are not in force are:

• A no further stay condition on future visitor visas, announced by the Minister for Home Affairs on 17 September 2026, with no published start date.
• An English language requirement for partner applicants and permanent resident sponsors, announced in the 2020 to 2021 Budget and consulted on, but not made part of the partner visa criteria.
• The sponsorship framework in the Migration Amendment (Family Violence and Other Measures) Act 2018, proposed for partner visas, but not applied to the partner program.

Each of these partner visa changes is explained below. If an applicant is unsure whether one of these partner visa changes affects their own case, the safest course is advice on the specific facts from experienced partner visa lawyers.

Ministerial Direction 117: the processing change behind most partner visa changes

Ministerial Direction 117 is the most significant of the recent partner visa changes because it decides which partner applications are considered first. Its full title is "Ministerial Direction No. 117 - Order for considering and disposing of Family visa applications under sections 47 and 51 of the Migration Act 1958". According to the Department of Home Affairs, it took effect on 25 July 2026 and replaced Ministerial Direction 102.

Section 47 of the Migration Act 1958 requires the Minister to consider a valid visa application. Section 51 allows the Minister to consider and dispose of applications in the order the Minister thinks appropriate. A direction under section 499 tells departmental officers what that order is. Ministerial Direction 117 is that direction for the Family visa program, which includes partner visas.

What Ministerial Direction 117 says about partner visas

Under Ministerial Direction 117, the highest priority goes to applications made while the primary applicant was in Australia for a visa that can be granted while the applicant is in Australia. Lower priority goes to applications made outside Australia, or for a visa that requires the applicant to be outside Australia at the time of grant.

The Department's Partner visa FAQs put this plainly for partner applicants. Onshore Partner visas (Subclass 820 and 801) receive the highest priority. Offshore Prospective Marriage visas (Subclass 300) and offshore Partner visas (Subclass 309 and 100) receive lower priority, and the Department says this results in longer processing for those visas.

Within each of those two groups, the Department lists the order in which family visa applications are processed:

• Ministerial intervention cases.
• Partner or dependent child applications.
• Orphan relative applications.
• Contributory parent or contributory aged parent applications.
• Carer applications.
• Parent, aged parent, remaining relative or aged dependent relative applications.

This means partner applications still sit near the top of the Family program inside each group. The change is that the onshore or offshore character of the application now separates applicants into two tiers first.

What Ministerial Direction 117 replaced

Before 25 July 2026, the order of consideration for family visas was set by Ministerial Direction 102. The Department's annual report on the administration of the immigration and citizenship programs (15th edition, October 2025) described Ministerial Direction 102 as placing ministerial intervention applications first, then "Partner, Prospective Marriage and Child visa applications", followed by the other family categories in descending order.

The practical difference is that Ministerial Direction 117 divides partner applications by where the application was made and where the visa can be granted. That is the central point of these partner visa changes. Two couples with identical relationships and identical evidence may now wait for different periods only because one applied for the onshore Subclass 820 and the other applied for the offshore Subclass 309.

Who Ministerial Direction 117 affects

Ministerial Direction 117 affects every partner applicant whose application has not yet been decided, because it is a direction about the order of consideration and disposal, not a change to the visa criteria. It does not change who is eligible, what the relationship must look like or what evidence is needed. It changes when a case officer is likely to reach the file.

The partner visa changes under Ministerial Direction 117 matter most to:

• couples choosing between an onshore and an offshore application, where both are legally available;
• offshore Subclass 309 and Subclass 300 applicants, who are now in the lower priority tier;
• onshore Subclass 820 applicants, who are now in the higher priority tier and should expect their file to be reached sooner; and
• applicants who are considering a priority processing request.

A decision about whether to apply onshore or offshore must never be driven by processing order alone. An onshore application is only available if the applicant can validly apply in Australia. Applicants who hold a visa with a no further stay condition, or who do not hold a substantive visa, face separate legal barriers. The articles on the no further stay condition 8503 and the Subclass 820 and on Schedule 3 criteria for applicants who are unlawful explain those barriers. The comparison between the Subclass 820 and the Subclass 801 stages explains how the onshore combined application works.

Priority processing requests under Ministerial Direction 117

Ministerial Direction 117 allows the Department to prioritise a partner application if the applicant shows that it involves special circumstances of a compassionate nature and there are compelling reasons to depart from the order of priority. The Department says there is no guarantee that an application will be given higher priority, and that most requests for priority processing cannot be approved.

This is one of the partner visa changes that applicants misunderstand most. A priority request is not a routine step. It is not a way to jump the queue because the wait is inconvenient, because the couple wants to start a family, or because a job offer depends on the visa. It is a narrow exception for compassionate circumstances that are compelling. An applicant who makes a weak request gains nothing, and an applicant whose file is not ready for decision may gain nothing even if the request is accepted.

The better strategy is to make the application decision-ready. A file that is complete, consistent and current is easier to decide whenever it is reached. The guides to relationship evidence for a partner visa and to preparing evidence of a genuine relationship explain what that looks like.

What to check now after these processing partner visa changes

Pending and new applicants should check the following points in light of Ministerial Direction 117:

• Which tier the application sits in. An onshore Subclass 820 and 801 application is in the higher tier. An offshore Subclass 309 and 100 application, or an offshore Subclass 300 application, is in the lower tier.
• Whether the file is decision-ready. Updated police certificates, health examinations and current relationship evidence reduce the chance of further requests when the file is reached.
• Whether a priority request is justified. It should be made only where there are genuine compassionate circumstances and compelling reasons, supported by evidence.
• Whether the published processing information still applies. The Department's processing pages change. The articles on how long a Subclass 820 takes and on onshore partner visa timing explain how to read that information without relying on one figure.

Do partner visa changes apply to an application already lodged?

Yes, some partner visa changes apply to an application already lodged, and some do not. The answer depends on the type of change. A change to processing order, like Ministerial Direction 117, applies to every application that has not yet been decided. A change to the visa criteria in the Migration Regulations 1994 usually applies according to the application provisions in the amending regulations, which often limit the change to applications made on or after the commencement date.

This distinction is the most important legal point about partner visa changes. Many applicants read news of a change and assume it either applies to them completely or not at all. The correct approach is to identify what kind of change it is.

Processing and policy changes

Processing directions and departmental policy apply to pending applications. Ministerial Direction 117 changed the order of consideration from 25 July 2026, so it affects applications lodged before that date that were still undecided. Policy guidance in the Department's Procedures Advice Manual can also change during processing, and case officers apply the current version when they assess the file.

Changes to criteria

Changes to the Schedule 1 validity requirements or the Schedule 2 criteria are made by amending regulations. Each amending instrument states when it commences and which applications it applies to. Some apply only to applications made on or after commencement. Others apply to applications not finally determined at commencement. The text of the amending instrument decides the point. A blog summary, including this one, does not.

Time of application and time of decision criteria

Partner visas have time of application criteria and time of decision criteria. Time of application criteria must be met when the application is made. Time of decision criteria must be met when the decision is made. If a time of decision criterion changes during processing, and the amending instrument applies it to pending applications, the applicant must meet the new version. This is why applicants must keep their file current. The guide to Form 1022 and notifying a change of circumstances explains the separate duty to tell the Department about changes in the applicant's own circumstances.

What to check now

Every applicant with a pending application should check three things whenever partner visa changes are announced:

• whether the change is a processing change, a policy change or a change to the law;
• if it is a change to the law, the commencement date and the application provision in the amending instrument; and
• whether anything in the applicant's own circumstances has changed and needs to be notified.

For applicants who lodged without advice and now want the file checked against the current rules, the article on hiring an immigration lawyer after lodging your own visa application explains how a review of a lodged application works. The article on using an immigration lawyer for a partner visa explains the points at which advice adds the most value.

The Administrative Review Tribunal: partner visa changes to review rights

The Administrative Review Tribunal (ART) commenced on 14 October 2024 and replaced the Administrative Appeals Tribunal (AAT). Merits review of a partner visa refusal now takes place in the ART. This is one of the partner visa changes that affects every refused applicant, and it is also one of the most misreported.

What changed when the ART replaced the AAT

The ART reviews decisions made under around 400 Commonwealth laws, including immigration and citizenship decisions. For partner visa applicants, the review right itself continues. A refused onshore Subclass 820 and 801 applicant, or the sponsor of a refused offshore Subclass 309 and 100 applicant, can still seek merits review where the decision is reviewable. The Tribunal can still affirm the refusal, set it aside and substitute a new decision, or remit the matter to the Department for reconsideration with directions.

Of all the partner visa changes since 2024, the move to the ART is the one most likely to matter after a refusal. What changed is the body, its legislation, its procedures and its forms. The Tribunal now operates under the Administrative Review Tribunal Act 2024 together with the review provisions in Part 5 of the Migration Act 1958. Older material that refers to "the AAT" or "the Migration and Refugee Division" describes the former body. Applicants should use current ART forms and current ART guidance.

Who these review partner visa changes affect

The change from the AAT to the ART affects:

• every partner applicant refused on or after 14 October 2024;
• every sponsor of an offshore applicant who has been refused; and
• every applicant whose former AAT matter continued after the changeover.

The ART is still the place where a refused partner case is fully reconsidered on its merits. The Tribunal looks at the evidence as it stands at the time of its decision, not only the evidence the case officer had. This is why the Tribunal is often the most important stage of a refused partner matter. The articles on what to expect in an ART review after a refusal and on partner visa appeal options explain the process in detail.

Review deadlines did not become more forgiving

Review deadlines for partner refusals are short and strictly applied. That did not change with the move to the ART. The deadline runs from the date the applicant is taken to have received the decision, and the Tribunal cannot accept a late application where the Migration Act does not allow it. Anyone who has received a refusal should read the refusal letter on the day it arrives, identify the review deadline stated in it, and obtain advice immediately. The firm's partner visa refusal service and its general visa refusals service are built around those deadlines.

What to check now

Refused applicants and those who fear a refusal should check:

• whether the decision letter says the decision is reviewable by the ART, and who must apply;
• the exact deadline stated in the letter;
• whether any natural justice letter was received before the decision; and
• what new evidence can be put before the Tribunal.

A section 57 natural justice letter is often the last chance to answer adverse information before a refusal. The guide to responding to a section 57 letter for a partner visa and the guide to section 56 requests for more information explain both kinds of request. An applicant facing either one is often better served by a visa appeal lawyer before the decision is made rather than after.

Family violence provisions: what changed and who it affects

The family violence provisions were expanded twice in recent years. From 31 March 2023, the types of evidence and the people who can provide evidence of non-judicially determined family violence were broadened. From 17 December 2024, the provisions were extended to additional cohorts in 20 visa subclasses, including additional cohorts in the Prospective Marriage (Subclass 300) and Partner (Subclass 309) visas. These are important partner visa changes for anyone whose relationship has ended because of violence.

What the family violence provisions do

The family violence provisions allow certain partner applicants to be granted a visa even though the relationship with the sponsor has ended, if the applicant, or certain family members, suffered family violence committed by the sponsor. Division 1.5 of the Migration Regulations 1994 sets out how family violence is established. The provisions exist so that no applicant feels forced to stay in a violent relationship to keep a pathway to permanent residence.

For the onshore Subclass 820 and 801, the provisions work in two ways. Time of decision provisions apply where the relationship existed when the application was made and ended afterwards. Time of application provisions in subclauses 820.211(8) and (9) apply to certain current or former Subclass 300 holders who married their sponsor and whose relationship ended before the Subclass 820 application was made. For the Subclass 801, subclause 801.221(6) allows grant without waiting for the two-year point where the relationship has ended since the Subclass 820 grant and family violence, or certain child custody or access circumstances, are established.

The 31 March 2023 evidence changes

From 31 March 2023, the Government changed the evidence that can support a non-judicially determined claim of family violence. The Minister's announcement listed four changes:

• adding midwives to the list of medical professionals who can provide evidence;
• adding risk assessments and reports as types of evidence, in place of statutory declarations;
• adding further advocacy and crisis service providers who can provide evidence; and
• removing the statutory declaration requirement for some healthcare professionals.

These partner visa changes matter because many people who experience family violence never obtain a court order. For many applicants, they are the most practical of the partner visa changes in recent years. The evidence rules decide whether their claim can be considered at all. An applicant must still provide the evidence in the form the Regulations and the relevant legislative instrument require. Evidence in the wrong form can mean the claim is not properly before the decision maker.

The 17 December 2024 expansion

According to the Department's report on the administration of the immigration and citizenship programs, from 17 December 2024 the family violence provisions were expanded in 20 visa subclasses. For partner visas, this included additional cohorts in the Prospective Marriage (Subclass 300) and Partner (Subclass 309) visas. The Department's Family Violence Provisions page now lists the Subclass 820, Subclass 309 and Subclass 300 among the eligible partner visas, and sets out specific rules for Subclass 300 holders. A Subclass 300 applicant must be in Australia and, if the Subclass 300 visa has ended, must not hold a substantive visa and must have applied for a partner visa.

Who the family violence partner visa changes affect

These partner visa changes affect:

• onshore Subclass 820 and 801 applicants whose relationship has ended because of family violence;
• current and former Subclass 300 holders who married their sponsor in Australia and whose relationship then ended;
• Subclass 309 applicants within the expanded cohorts; and
• secondary applicants and dependent children, where the provisions extend to them.

What to check now

Any applicant whose relationship has ended, or is ending, because of violence should check:

• whether their visa subclass and situation fall within the family violence provisions as they stand today, not as they stood before December 2024;
• whether the evidence they hold is in the form the law requires;
• whether the Department has been told that the relationship has ended; and
• whether their safety needs come first, which they always do.

Family violence matters are sensitive and legally technical. The firm's family violence partner visa service deals with these cases. The article on what happens to a Subclass 820 application if the relationship breaks down explains the wider position when a relationship ends for any reason.

Visitor visas and onshore partner applications: the announced no further stay change

The Minister for Home Affairs announced on 17 September 2026 that the Government will attach a no further stay provision to future visitor visas. As at October 2026, this is an announced change only. No commencement date has been published, and it is not part of the Migration Regulations 1994 as at the date of this article. It is still one of the most important partner visa changes to watch, because a large number of onshore partner applications are made by people who arrived on a visitor visa.

What the Minister said

In a speech at the National Press Club on 17 September 2026, the Minister described the current position as a double standard. A partner who arrives on a visitor visa and then applies onshore usually remains in Australia on a bridging visa while the application is processed. The Minister said the Government will attach a no further stay provision to visitor visas, with an exception for protection applications. He said the change is about the issuing of future visas and will have no impact on anybody who is already in Australia. He also said the change is intended to make it easier to issue visitor visas, so that a partner can visit Australia regularly while an offshore partner application is processed.

What this announcement means for partner applicants

If the announced change is implemented as described, a person who holds a future visitor visa with a no further stay condition will generally not be able to make an onshore partner application while holding that visa, unless the condition is waived. That would push many couples towards the offshore Subclass 309 and 100 pathway. Under Ministerial Direction 117, those offshore applications are in the lower processing tier.

Until the regulations are made, the detail is not known. The key unknowns are the start date, which visitor visas will carry the condition, whether any partner exceptions apply, and how waiver will work. These are the points to watch. Applicants should not act on reports that the condition is already in force. On the published material available as at October 2026, it is not.

The rules that have not changed: condition 8503 and Schedule 3

The existing rules on no further stay conditions and Schedule 3 continue to apply. These are not new partner visa changes, but they are the rules the announced visitor visa change will operate alongside.

• Condition 8503. A person whose visa carries condition 8503, 8534 or 8535 cannot make a valid application for most visas while in Australia, including the onshore Subclass 820, unless the condition is waived. Waiver is available only in limited circumstances. The guide to condition 8503 and the Subclass 820 explains the waiver rules.
• Schedule 3. An applicant who does not hold a substantive visa when they apply for the Subclass 820 must meet the Schedule 3 criteria, unless the Minister is satisfied that there are compelling reasons not to apply them. The firm's Schedule 3 waiver service and the article on the Schedule 3 partner visa waiver explain how compelling reasons are assessed.
• Bridging visas. An onshore partner application can still give rise to a bridging visa, and the type of bridging visa still depends on the applicant's status when they apply. The guide to bridging visas A, B, C and E, the guide to Bridging Visa A conditions and travel and the guide to Bridging Visa B for travel explain how each one works.

What to check now

A person who is in Australia on a visitor visa today, or who is planning to come, should check:

• whether their current visa already carries condition 8503 or a similar condition;
• whether their current visa is still in effect, and when it ends;
• whether the onshore or offshore pathway is legally available and better suited to their circumstances; and
• whether the Government has published regulations implementing the announced change.

The article on moving from a tourist visa to a partner visa in Australia explains the current rules for visitors. Because these partner visa changes are still developing, timing advice should be taken close to the date of any planned application.

Partner visa changes that have not happened: sponsor approval and English

Two of the most widely reported partner visa changes have not happened. As at October 2026, partner sponsors do not need to be approved before the visa application is lodged, and there is no English language requirement for partner applicants or their sponsors in the partner visa criteria. Both were announced as reforms in the 2020 to 2021 Federal Budget, and both were the subject of public consultation, but neither has been applied to the partner program.

The sponsorship framework

The Migration Amendment (Family Violence and Other Measures) Act 2018 created a sponsorship framework for family visas, in which a sponsor is assessed and approved before the visa application is made. In the 2020 to 2021 Budget, the Government announced that this framework would be applied to the partner program. The Department's consultation page on reforms to the partner visa program records that announcement and a consultation that closed on 31 March 2021.

As at October 2026, the partner program still works on the existing model. The sponsor is assessed as part of the visa application process, through the sponsorship that is linked to the application. The existing sponsorship limitations in the Migration Regulations 1994 continue to apply. These include limits where the sponsor has previously sponsored another partner or was themselves granted a partner visa within a set period, and the requirement for approval where a sponsor has relevant criminal convictions. The firm's sponsorship limitations service and the article on when a sponsor cannot sponsor a partner visa explain those rules.

The English language requirement

The 2020 to 2021 Budget also announced an English language requirement for partner applicants and permanent resident sponsors. It was the subject of public consultation. As at October 2026, no English language requirement of that kind forms part of the criteria for the Subclass 820, 801, 309, 100 or 300 visas. A partner applicant does not need to sit an English test to meet the partner visa criteria.

English can still matter in practice. Interviews, Form 80 answers, relationship statements and Tribunal hearings all depend on clear communication. An applicant who needs an interpreter should ask for one. The Form 80 guide explains why accurate personal particulars matter.

What to check now

Applicants and sponsors should check:

• that any advice they have received about "sponsor approval first" or "an English test" is not based on the 2020 announcements;
• whether a sponsorship limitation applies to the sponsor under the current Regulations; and
• whether the Department or the Government has published any new instrument implementing either reform.

These are partner visa changes to watch, not partner visa changes to plan around. If either is implemented, the amending instrument will state when it starts and which applications it applies to.

Visa application charges and other 1 July partner visa changes

Visa application charges for partner visas change on 1 July each year. The charges are set in Schedule 1 of the Migration Regulations 1994 and are usually adjusted at the start of each financial year. The first instalment payable is the amount in force when the application is lodged.

This article deliberately gives no dollar figures. Charges are updated each year, and a figure published in an article can become wrong overnight on 1 July. The only reliable source for the current charge is the Department's own pricing information on the day of lodgement. The firm's article on how partner visa charges are structured explains the components of the charge, and the current figure should always be confirmed with the Department.

Who the annual charge changes affect

Annual charge adjustments are the most predictable of all partner visa changes. The annual charge adjustments affect every couple who has not yet lodged. Couples who plan to lodge close to 1 July should check whether the charge will change before their lodgement date. Couples who have already lodged are not asked to pay a new first instalment because charges rose later.

Other changes that often take effect on 1 July

Other amendments to the Migration Regulations 1994 often commence on 1 July, at the start of the program year. Partner applicants should check the Department's partner visa pages after each 1 July for updated forms, updated document guidance and any amended criteria. A form or checklist downloaded before 1 July may be out of date afterwards. The partner visa document checklist and the Subclass 820 evidence checklist should be read with that in mind.

Current rules that are often mistaken for partner visa changes

Several long-standing partner visa rules are often described online as new partner visa changes. They are not new, but they are current, and they cause real problems when they are misunderstood.

Paper applications are by invitation only

Partner applications must be lodged online through ImmiAccount. The Department says that in limited circumstances an applicant may apply on paper, but only by invitation. If an applicant lodges on paper without an invitation, the application is invalid and will not be processed. Offshore applications are lodged online in the same way. The guide on how to create an ImmiAccount explains the first step.

The permanent stage is assessed at the two-year point

The permanent Subclass 801 or 100 is assessed once two years have passed since the combined application was made, unless an exception applies. This is not one of the recent partner visa changes. It is a long-standing rule that is often misreported. The guides to the Subclass 820 partner visa and to the Subclass 820 requirements and documents explain the two-stage structure.

Form 888 statements are supporting statements

Form 888 statements from friends and family are supporting statements. They are not statutory declarations. There are special partner visa cases where statutory declarations are required and where lodging Form 888 statements instead would make the application invalid. Applicants should identify which form their case requires before lodgement. The articles on who can make a Form 888 and what it should say and on Form 888 example answers and common mistakes explain the form.

There is one relationship statement

A partner application has one relationship statement. It is the couple's own account of the relationship. The four aspects of the relationship are assessed by the Department across all of the evidence. They are not separate statements. The guide to the partner visa relationship statement explains what the statement covers.

What to check now

Before lodging, every applicant should confirm that the application will be lodged online, that the evidence covers the relationship as a whole, that the supporting statements are in the correct form, and that the relationship statement is accurate and consistent with the forms. These checks matter more than any of the recent partner visa changes, because an invalid application cannot be fixed by later evidence.

What Tribunal decisions show about partner visa changes in practice

Tribunal decisions made since the ART commenced show how recent partner visa changes play out in real files. They also show that the legal questions in partner cases have stayed the same, even as the Tribunal and the processing environment have changed. The decisions below are remittals. A remittal means the Tribunal sent the matter back to the Department to reconsider. It does not mean the visa was granted.

• CABANERO-YATES (MIGRATION) [2024] ARTA 115 was a Subclass 820 matter decided in November 2024, shortly after the ART commenced. The reported issues were a genuine and continuing relationship, mutual understanding of each other's finances, shared household responsibilities and social recognition of the relationship.
• 2305121 (Migration) [2025] ARTA 455 was a Subclass 820 matter. The reported issues included a genuine and continuing relationship before the relationship ceased, a joint bank account, social and government recognition of the relationship, and a non-judicially determined claim of family violence.
• Siyad (Migration) [2025] ARTA 2129 was a Subclass 820 matter. The reported issues were a relationship that had ceased, a genuine and continuing relationship before family violence, coercive control, and joint utility and tenancy accounts.
• Ali (Migration) [2026] ARTA 640 was a Subclass 820 matter. The reported issues were compelling reasons to waive the Schedule 3 criteria, a genuine and continuing relationship, children of the relationship and DNA testing.
• Zhang (Migration) [2026] ARTA 84 was a Subclass 820 matter. The reported issues were a genuine relationship, the sponsorship limitation requirement, no substantive visa at the time of application, and compelling reasons.
• Tang (Migration) [2026] ARTA 374 was a Subclass 820 matter. The reported issues were a genuine and continuing relationship, a valid marriage in the home country, a previous refused application, and the sponsor's regular visits and the applicant's arrival on a visitor visa.

These decisions connect directly to the partner visa changes discussed above. Family violence, Schedule 3, sponsorship limitations and arrival on a visitor visa are the areas where the law and policy are moving. They are also the areas where the Tribunal is still asked to correct decisions. The articles on why partner visas get refused and on the most common Subclass 820 refusal reasons explain the patterns behind these cases.

A partner visa changes checklist for pending and new applicants

Pending and new applicants should run through the following checklist whenever partner visa changes are announced. It is not a document list. It is a set of legal checks against the current rules.

For new applicants who have not yet lodged

• Pathway. Confirm whether the onshore Subclass 820 and 801 or the offshore Subclass 309 and 100 is legally available, and understand that Ministerial Direction 117 places them in different priority tiers.
• Visa status and conditions. Check whether the applicant holds a substantive visa and whether any no further stay condition applies.
• Visitor visa plans. If the applicant plans to enter on a visitor visa, check whether the announced no further stay change has been implemented.
• Sponsor. Check whether any sponsorship limitation applies.
• Charges. Confirm the current charge with the Department, especially near 1 July.
• Lodgement method. Lodge online, unless the Department has invited a paper application.
• Evidence. Prepare evidence that covers all four aspects of the relationship as a whole, and confirm the correct form for supporting statements.

For applicants with an application already lodged

• Priority tier. Identify which Ministerial Direction 117 tier the application sits in.
• Currency. Keep police certificates, health examinations and relationship evidence current.
• Changes in circumstances. Notify the Department of any change, including a change of address or relationship status.
• Requests. Respond to every section 56 request or section 57 letter within the time stated.
• Relationship breakdown. If the relationship has ended because of family violence, check the expanded family violence provisions.
• Refusal. If refused, act immediately within the ART deadline stated in the decision letter.

For applicants who were refused

• Reviewability. Confirm that the decision is reviewable by the ART and who must apply.
• Deadline. Confirm the deadline stated in the decision letter. It is short and strictly applied.
• Other options. Consider whether a fresh application is possible. The article on a partner visa after a visa refusal explains the bars that can apply.

An applicant who is not sure whether a particular change affects them should have the file checked rather than guess. The article on getting a second opinion from an immigration lawyer explains how that review works, and the article on urgent immigration lawyer advice explains what to prepare where time is short.

How My Migration Lawyers handles partner visa changes for clients

My Migration Lawyers tracks partner visa changes as part of every partner matter, and checks each client's file against the law and policy in force on the day of lodgement and on the day of decision. The firm does not treat partner visa changes as news items. It treats them as legal events that may change a client's pathway, timing or risk.

What the firm does on partner visa changes, step by step

When a client engages the firm for a partner matter, the work on partner visa changes follows a clear sequence:

• Status check. The firm checks the applicant's visa history, current visa, conditions and status directly from Department records, so that the pathway decision is based on facts rather than assumptions.
• Pathway advice. The firm advises whether the onshore or offshore pathway is legally available, and what Ministerial Direction 117 means for the chosen pathway.
• Rule check at lodgement. Before lodgement, the firm checks the current validity requirements, the current charge, the current forms and any amendments that commenced recently.
• Evidence review. The relationship statement is the couple's own account. The firm reviews it with the client, identifies gaps and inconsistencies across the forms and evidence, and the client corrects and confirms it.
• Monitoring during processing. While the application is pending, the firm watches for partner visa changes that may affect the file, including amending regulations, new ministerial directions and policy updates.
• Responses. The firm prepares responses to section 56 requests and section 57 letters, and advises on whether any change in circumstances must be notified.
• Review. If a refusal occurs, the firm advises on ART review within the deadline and prepares the review case.

Complex partner cases

Partner visa changes tend to hit complex files hardest. The firm acts in many partner matters, including complex cases. These include Schedule 3 waivers, no further stay waivers, sponsorship limitations, family violence claims, relationships that have ended, prior refusals and Tribunal reviews. The firm's work also covers LGBTI partner visas, the Subclass 461 visa for partners of New Zealand citizens and, where a visa is at risk, visa cancellations. Weiwei Zhang is the firm's Principal Lawyer. The profile of Weiwei Zhang and the About My Migration Lawyers page explain the firm's background.

The firm acts for partner visa clients across Australia by video consultation, including clients in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Couples comparing representatives may find the guides on choosing the best partner visa lawyer in Australia, on what a partner visa lawyer does and on a partner visa lawyer compared with doing it yourself useful. The article on how migration agents and lawyers differ for a partner visa explains the roles factually. Clients who already have a representative and want to move their matter can read how to change your immigration lawyer, and the guide to Form 956 and 956A explains how representation is recorded with the Department.

Book a consultation about partner visa changes

If partner visa changes may affect a pending application, a planned application or a refusal, the right time to get advice is before the next step is taken. The firm cannot promise any outcome, but it can tell an applicant clearly where the file stands under the current rules and what should be done next. The article on booking an immigration lawyer consultation explains what happens in a consultation.

Book a Consultation with My Migration Lawyers to have the application checked against the current partner visa changes.

Call 1300 040 300 if you prefer to speak with the firm first.