Australian Partner Visa for Canadian Citizens

What is a partner visa for Canadian citizens?

A partner visa for Canadian citizens is the ordinary Australian partner visa, applied for by a Canadian national who is married to, or in a de facto relationship with, an Australian citizen, Australian permanent resident or eligible New Zealand citizen. There is no special Canadian stream. The same law applies to everyone. But a partner visa for Canadian citizens tends to follow a recognisable pattern: the Canadian partner is often already in Australia, the couple often met while one of them was travelling or working abroad, and the main decisions are about timing, location and which relationship category fits.

This guide sets out those decisions step by step. It explains whether a Canadian should apply onshore or offshore, how to move from a Working Holiday visa or a visitor visa to a partner visa, how Canadian common-law status compares with an Australian de facto relationship, which Canadian documents and police checks are usually needed, and what the Department looks for in the relationship evidence. For the general rules that apply to every couple, read the guide to the partner visa in Australia.

Who this guide is for

This guide is written for three groups. The first is Canadians in Australia on a Working Holiday visa or another temporary visa who have formed a relationship with an Australian. The second is Canadians living in Canada, or elsewhere, whose Australian partner wants them to move to Australia. The third is Australian sponsors who met their partner in Canada and want to understand what the move involves. A partner visa for Canadian citizens looks quite different for each group, so the sections below separate the paths clearly.

Should a Canadian apply onshore or offshore?

A Canadian should apply onshore if they are already in Australia on a visa that allows a further application and they want to stay while the application is processed, and offshore if they are outside Australia or want to keep living in Canada while they wait. Both paths lead to the same permanent result, and the relationship test is identical. The differences are practical.

The onshore path: Subclass 820 visa and Subclass 801 visa

The onshore Subclass 820 visa is applied for together with the permanent Subclass 801 visa. Under Schedule 1 of the Migration Regulations 1994, every applicant must be in Australia, but not in immigration clearance, when the application is made. An applicant who lodges while holding a substantive visa is usually granted a bridging visa that keeps them lawful once their current visa ends. The guide to the Subclass 820 visa explained covers the criteria.

For a partner visa for Canadian citizens, the onshore path suits couples who are already living together in Australia, who want the Canadian partner to keep working here, and who do not need to travel much while the application is processed.

The offshore path: Subclass 309 visa and Subclass 100 visa

The offshore Subclass 309 visa is applied for together with the permanent Subclass 100 visa. Every applicant must be outside Australia when the application is made, and the visa is generally granted while the applicant is outside Australia. Once granted, the Subclass 309 visa allows the holder to travel to Australia and live there while the permanent stage is processed. The Department's policy says the first entry date should be 12 months from grant.

The offshore path suits Canadians who are in Canada and prefer to keep their job and home there until the visa is granted, or who would lose the ability to apply onshore because of the conditions on their current Australian visa.

Factors that decide the path

For a partner visa for Canadian citizens, the deciding factors are usually these. Where is the Canadian partner today, and what visa do they hold? Does that visa carry a no further stay condition? When does it expire? Does the couple meet the relationship definition now, or only in a few months? How much travel does the couple need to do during processing? What happens to work rights on each path? Answering those questions before the current visa runs out is far easier than fixing the problem afterwards. The Subclass 820 vs Subclass 801 guide explains how the two-stage process works on the onshore side.

A hypothetical example

Consider a hypothetical Canadian on a Working Holiday visa with five months left. She has been living with her Australian partner for eight months in a share house in Brisbane. They are not married. If they lodge a de facto application now, they will not meet the 12-month requirement unless an exception applies. In this situation, the partner visa for Canadian citizens can be approached in several ways: registering the relationship in Queensland as a civil partnership before lodging, if they meet that law's requirements; waiting until the 12 months is reached, if that falls before the Working Holiday visa ends; or, if neither works, planning an offshore application or another visa so that the Canadian partner does not become unlawful. Each choice has different consequences for work rights, travel and risk, and the right choice depends on the couple's facts. The point of the example is that the timing must be planned well before the visa expires, not in its final week.

Can a Canadian apply for a partner visa while on a Working Holiday visa?

Yes. Canada is one of the countries whose citizens can hold the Working Holiday visa, Subclass 417, and a Canadian on that visa can generally apply onshore for a partner visa for Canadian citizens in the form of the Subclass 820 visa, provided the couple meet the relationship requirements and the application is made before the Working Holiday visa expires. This is the single most common path for Canadians who meet an Australian partner while in Australia.

Check the visa grant notice first

Before planning anything, the Canadian partner should check their visa grant notice and their VEVO record for conditions. A no further stay condition, such as condition 8503, generally prevents the holder from applying for most further visas in Australia unless the condition is waived. The guide on condition 8503 and the Subclass 820 visa explains the effect. If there is no such condition, the onshore path is usually open.

Timing the application against the visa expiry

The Working Holiday visa has a fixed end date. A couple who are married can apply at any time while the Canadian partner holds the visa. A couple who are not married must usually meet the de facto requirements at the time of application, which generally includes 12 months of de facto relationship immediately before the application unless an exception applies. Where the 12 months will not be reached before the Working Holiday visa ends, the couple have three realistic options: register their relationship under a prescribed state or territory law, marry, or plan for an offshore application or another visa. Each option has consequences, and they are explained later in this guide.

What happens to work rights

A Canadian who applies onshore while holding a Working Holiday visa usually receives a bridging visa that comes into effect when the Working Holiday visa ends. The guide on work rights while waiting for a Subclass 820 visa explains the position, and the guide to Bridging Visa A sets out its conditions. For many Canadians, the ability to keep working while the partner visa is processed is the main reason to apply onshore.

If the Working Holiday visa has already expired

A Canadian whose Working Holiday visa has already ended, and who did not apply for another visa in time, is an unlawful non-citizen. A partner visa application is still possible, but the Schedule 3 criteria apply and must either be met or waived for compelling reasons. The guides to Schedule 3 criteria for partner visas and the Schedule 3 waiver page explain the test. This is a much harder application, and it is far better avoided by lodging on time.

Canadians on student, graduate or skilled visas

Not every Canadian in Australia is on a Working Holiday visa. Some hold a student visa, a graduate visa or an employer-sponsored visa. The same rules apply to a partner visa for Canadian citizens lodged from any of these visas: check the conditions, lodge while the visa is still in effect, and confirm the relationship definition is met at the time of application. A Canadian on an employer-sponsored visa should also consider how the partner visa interacts with their current employment, because the partner visa is not tied to an employer. A Canadian on a regional skilled visa should check the special rules that can limit an onshore partner visa application by holders of certain regional visas, which require the regional visa to have been held for a minimum period first.

Can a Canadian visiting Australia apply for a partner visa?

A Canadian visiting Australia can apply onshore for a partner visa only if their visitor visa or travel authority does not carry a no further stay condition, and the couple already meet the relationship requirements. Many Canadians visit Australia on an Electronic Travel Authority or a visitor visa. Whether an onshore application is possible depends entirely on the conditions attached to that grant.

Visitor visas and condition 8503

Condition 8503 provides that the holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa, while the holder remains in Australia. It is mandatory on some visitor visa streams and discretionary on others. Under section 46(1A) of the Migration Act 1958, a visa holder subject to that condition generally cannot make a valid application in Australia unless the condition is waived. The guide on moving from a tourist visa to a partner visa explains the risks of travelling with an onshore plan in mind.

Visiting with honest intentions

A visitor must also have been honest about the purpose of the visit when applying for the visitor visa or travel authority. A Canadian who visits a partner in Australia, with a genuine intention to visit, and who later decides with their partner to apply for a partner visa is in a different position from someone who misstated their intentions. Any later application will be read against what was said earlier, so honesty at every stage protects the partner visa for Canadian citizens that follows.

Applying from Canada: the offshore partner visa for Canadian citizens

Applying from Canada means lodging the Subclass 309 visa and Subclass 100 visa online while the Canadian partner is outside Australia, then waiting for the decision outside Australia. Subclause 309.412(1) generally requires the applicant to be outside Australia when the visa is granted. The offshore partner visa for Canadian citizens is often the cleanest path for couples who met while the Australian partner was living or travelling in Canada.

Visiting Australia while the offshore application is pending

Canadians with an offshore application pending sometimes visit Australia. That is generally possible with a visitor visa or travel authority, but the applicant usually needs to be outside Australia when the Subclass 309 visa is granted. A visit that runs into the grant period may delay the grant. Couples should plan visits with that in mind.

First entry and settling in Australia

Once the Subclass 309 visa is granted, the Canadian partner must enter Australia before the first entry date shown on the grant. The visa then allows them to live in Australia with the sponsor until the permanent Subclass 100 visa is decided. The couple should use the period after arrival to build the joint evidence that is often thin while living in different countries.

How is a partner visa for Canadian citizens assessed?

A partner visa for Canadian citizens is assessed by asking whether the Canadian applicant is the spouse or de facto partner of the Australian sponsor, under the definitions in the Migration Act 1958, and whether the other criteria, such as health and character, are met. Nationality does not change the test. What changes is the kind of evidence Canadian couples usually have.

The legal definitions

For a married couple, section 5F of the Migration Act requires a marriage recognised as valid, a mutual commitment to a shared life as a married couple to the exclusion of all others, a genuine and continuing relationship, and that the couple live together or do not live separately and apart on a permanent basis. For a de facto couple, section 5CB sets out similar requirements without the marriage, and regulation 2.03A adds the minimum age and the usual 12-month requirement.

The four matters the Department weighs

Regulation 1.15A, for spouses, and regulation 1.09A, for de facto partners, require the decision maker to consider all of the circumstances of the relationship, including the financial aspects, the nature of the household, the social aspects and the nature of the commitment. No single matter is decisive. The guide to partner visa relationship evidence explains how each is evidenced. For a partner visa for Canadian citizens, the household and social matters are often strong, because many couples have lived together in Australia, while the financial matter may be thinner if the Canadian partner has been working on short-term jobs or holding Canadian accounts.

Why the history of the relationship matters

Many Canadian couples met while one partner was travelling. The relationship may have moved quickly, or the couple may have spent time apart when the Canadian partner returned home or travelled elsewhere. That history should be explained clearly in the couple's partner visa relationship statement, in their own words. A short or interrupted history is not fatal if it is explained and supported. An unexplained gap invites doubt.

Is Canadian common-law status the same as an Australian de facto relationship?

No. Being common-law partners under Canadian law does not automatically make a couple de facto partners under Australian migration law. A partner visa for Canadian citizens based on a de facto relationship must meet the Australian definition in section 5CB of the Migration Act and the requirements of regulation 2.03A, regardless of how the relationship is treated in Canada.

What the Australian de facto definition requires

For a partner visa for Canadian citizens, under section 5CB, a person is in a de facto relationship with another person if they are not married to each other, they have a mutual commitment to a shared life to the exclusion of all others, the relationship is genuine and continuing, they live together or do not live separately and apart on a permanent basis, and they are not related by family. Regulation 2.03A then requires both partners to be at least 18 and, for partner visas, generally requires the de facto relationship to have existed for at least 12 months immediately before the application.

Why Canadian status does not transfer

For a partner visa for Canadian citizens, Canadian common-law status depends on Canadian law, which applies its own tests for different purposes. A couple who are recognised as common-law partners for a Canadian tax return or a Canadian benefit have not, by that fact alone, proved anything under Australian law. The Department will look at the relationship itself: when it started, when the couple began living together, whether they have lived apart, and whether the evidence shows a shared life. Canadian documents that record the couple as common-law partners can still be useful evidence of the relationship, but they are evidence, not a substitute for meeting the Australian test.

The 12-month requirement and its exceptions

For a partner visa for Canadian citizens based on a de facto relationship, the 12-month requirement is often the deciding factor. The Department's policy confirms that the relationship must have existed for 12 months immediately before the application, even if the couple had been together earlier and separated. The requirement does not apply if the applicant can establish compelling and compassionate circumstances, such as a dependent child of the relationship, or if the relationship is registered under a prescribed state or territory law. The guide on whether you need 12 months of de facto relationship and the guide to the de facto partner visa explain the details.

Registering the relationship in Australia

The relationship registration exception is especially relevant to a partner visa for Canadian citizens lodged from a Working Holiday visa. The prescribed laws include the relationship registers in New South Wales, Victoria, South Australia and Tasmania, civil partnerships in Queensland and the Australian Capital Territory, and civil unions in the Australian Capital Territory. The Department's policy says the registration must actually be completed, not merely applied for, but that a relationship registered after the visa application is made and before it is decided still meets the exception. Each state and territory sets its own eligibility rules for registration, including residence and waiting periods, which should be checked before relying on this route.

Marrying instead

Some couples planning a partner visa for Canadian citizens marry so that they can apply as spouses, to whom the 12-month de facto requirement does not apply. Marriage is a serious decision and should be made for its own reasons. Where a couple do marry, the marriage must be valid, both partners must give real consent, and the relationship must still be genuine and continuing. The Department may look closely at a marriage that closely follows a visa deadline, so the history of the relationship must be well evidenced.

Are Canadian marriages recognised for an Australian partner visa?

Yes. A marriage solemnised in Canada is recognised for a partner visa for Canadian citizens if it was valid under the law of the province or territory where it took place and both parties gave real consent. Under the Marriage Act 1961, a foreign marriage that is not recognised in the place where it was solemnised is not recognised in Australia, and the Department's policy applies the same rule under the Migration Act.

Provincial marriage certificates

For a partner visa for Canadian citizens, marriages in Canada are registered with the vital statistics office of the province or territory. The marriage certificate or registration record issued by that office is usually the document the Department expects. A souvenir certificate signed on the day of the wedding is not the same as the official registration record, and the official document should be obtained before lodgement.

Same-sex marriages

Same-sex marriages solemnised in Canada are recognised in Australia for a partner visa for Canadian citizens. The Department's policy confirms that from 9 December 2017, Part VA of the Marriage Act recognises foreign same-sex marriages that were valid where they were solemnised, whether they were solemnised before or after that date. Same-sex Canadian couples apply in exactly the same way as other couples, and the LGBTI partner visa page explains how these applications are prepared.

Civil unions and other registered relationships

Some Canadian couples hold a registered relationship that is not a marriage, such as a civil union. A relationship of that kind is not a marriage for the purposes of section 5F. The couple would usually rely on the de facto definition instead, with the Canadian registration serving as evidence of the relationship. The Australian registration exception to the 12-month requirement applies only to relationships registered under the prescribed Australian state and territory laws.

Previous marriages and divorces

If either partner was previously married, the earlier marriage must have ended before a partner visa for Canadian citizens can succeed. For a Canadian divorce, the divorce certificate issued by the court is usually the evidence needed. Only one ongoing partner relationship can satisfy section 5F or section 5CB. A separation that was never formalised can create a serious problem if either partner is still legally married to someone else, and it should be raised early.

Which Canadian documents does a partner visa need?

A partner visa for Canadian citizens usually needs the Canadian passport, a birth certificate, the marriage certificate or other relationship documents, evidence that any previous marriage ended, police certificates, and evidence of the relationship itself. The general partner visa document checklist lists what every couple should gather, and the 820 partner visa evidence checklist covers onshore applications in more detail.

Birth certificates

For a partner visa for Canadian citizens, birth certificates are issued by the vital statistics office of the province or territory of birth. Some provinces issue more than one version, and a version that shows the parents' names is usually more useful for identity purposes. If a Canadian applicant has changed their name, by marriage or legal change of name, the change of name document should also be provided, so that the birth certificate, passport and forms can be linked.

Translations of French documents

Documents issued in English do not need translation for a partner visa for Canadian citizens. Documents issued in French, which is common for records from Quebec and sometimes from other provinces, must be accompanied by an accurate English translation. The Department's long-standing guidance is that translations made in Australia should be done by a NAATI accredited translator, and translations made outside Australia by a professionally qualified translator. Bilingual documents that show every entry in English generally do not need a separate translation, but any part that appears only in French does.

Identity consistency

In a partner visa for Canadian citizens, names usually follow the same pattern as Australian names, so name issues are less common than for some other countries. Problems still arise where a middle name appears on one document and not another, where a married name is used on some records and a birth name on others, or where the passport uses a different spelling from a provincial record. All names used should be disclosed in the application.

Can children be included in a partner visa for Canadian citizens?

Yes. A dependent child of the Canadian applicant can usually be included in a partner visa for Canadian citizens. The child will need their own passport, birth certificate and, where they are old enough, their own health and character checks. Where the child's other parent is not migrating, the custody and consent question must be resolved.

Consent of the other parent

Where a child under 18 is included, the Department generally requires evidence that the child may lawfully leave Canada and live in Australia. That usually means the other parent's written consent, or a Canadian court order that allows the child to relocate. A parenting arrangement that requires the other parent's agreement to move the child to another country must be dealt with before the child can migrate. Family law advice in Canada may be needed alongside the migration advice.

Children of both partners

A child of both the Canadian applicant and the Australian sponsor may be an Australian citizen, or may be eligible to be registered as an Australian citizen by descent, depending on where and when the child was born. A child who is an Australian citizen does not need a visa, although the child's birth is strong evidence of the relationship. A dependent child of both partners is also relevant to the 12-month de facto exception and to the long-term relationship exception at the permanent stage.

Health examinations

Every partner visa applicant, including a Canadian applicant and any included children, must meet the health requirement. Health examinations are usually arranged through the Department's approved panel clinics after the application is lodged or when requested. Canadians in Australia can attend a panel clinic here, and Canadians in Canada can attend an approved clinic there. The results are sent directly to the Department.

How does a Canadian get a police certificate for a partner visa?

A Canadian usually gets a police certificate for a partner visa by obtaining a certified criminal record check from the Royal Canadian Mounted Police, which is a fingerprint-based check. Name-based checks from local police services are generally not accepted for Australian visa purposes. The Department of Home Affairs publishes country-specific instructions for Canada, and those instructions should be followed at the time of applying.

Why fingerprints are involved

For a partner visa for Canadian citizens, the certified criminal record check is based on the applicant's fingerprints, which are submitted to the RCMP, usually through an accredited fingerprinting service. Canadians in Australia can generally arrange fingerprints locally and submit them to the RCMP from Australia. Because the process involves fingerprinting, postage or electronic submission and processing time, it should be started early, but not so early that the certificate expires before the Department requests it.

Other countries and the Australian check

For a partner visa for Canadian citizens, under the Department's policy, applicants are generally asked for a police certificate from each country, other than Australia, in which they have spent a total of 12 months or more during the last 10 years since turning 16. Many Canadians have lived in the United States, the United Kingdom or elsewhere, and a certificate from each such country will be needed. A Canadian who has spent 12 months or more in Australia since turning 16, which is common for Working Holiday visa holders who stayed on, will also need an Australian National Police Check from the Australian Federal Police.

Declaring criminal history

Every applicant must meet the character requirement in section 501 of the Migration Act and Public Interest Criterion 4001. The forms ask about charges and convictions in any country, including matters such as driving offences that resulted in a conviction. Answers must be complete. Under sections 101 to 107 of the Migration Act, answers must be correct and any incorrect answer must be corrected. A record that appears on the RCMP check after the applicant answered "no" can cause far more damage than the record itself.

What relationship evidence works for Canadian couples?

The relationship evidence that works best for Canadian couples is evidence that shows a shared life over time, even where that life has been mobile, informal or spread across two countries. For a partner visa for Canadian citizens, the evidence often looks less conventional than a mortgage and a joint account, and the relationship statement must connect the pieces.

Couples who met while travelling

Many couples applying for a partner visa for Canadian citizens met in hostels, on working holiday jobs, in share houses or while travelling around Australia or Canada. Their early evidence may consist of photographs, messages, travel bookings and statements from friends, rather than leases and bills. That is normal. What matters is that the evidence follows the relationship forward in time: from meeting, to deciding to be together, to living together, to making joint plans.

Living together without a formal lease

Canadians on a Working Holiday visa often live in share houses, regional accommodation for farm or hospitality work, or travel together in a vehicle. Joint leases may not exist. Other evidence can show the shared household: both names on accommodation bookings, mail or bank statements sent to the same address, employer letters for regional work showing both partners, photographs of the shared space, and statements from housemates or hosts. Where the couple lived in a vehicle or moved frequently, a short timeline of where they lived and when is particularly helpful.

Financial evidence when one partner earns in Canadian dollars

In a partner visa for Canadian citizens, financial evidence can be harder where the Canadian partner still holds Canadian bank accounts and credit cards. Transfers between partners, shared expenses split by transfer, a joint Australian account opened when the couple settled, shared travel costs and joint purchases all help. The financial arrangement should be described in the relationship statement so the bank records make sense. A joint account opened shortly before lodgement carries less weight than one that has been used over time, so couples should start combining finances when they genuinely start sharing a life, not when they start the application.

Time apart

Some Canadian couples spent periods apart, for example when the Canadian partner returned home between visas or travelled to see family. The Department's policy accepts temporary separation, but expects the reasons to be explained and the commitment to be shown during the separation. Daily contact, visits, financial support and plans for reuniting are the evidence that carries the relationship through those periods. The guide to preparing evidence of a genuine relationship explains how to collect it, and the guide to Form 888 for partner visas explains how friends and family in Australia can support the application.

What happens while an onshore partner visa for Canadian citizens is processed?

While an onshore partner visa for Canadian citizens is processed, the Canadian partner usually holds a bridging visa, may be asked for health examinations, police certificates and further information, and must keep the Department informed of changes in circumstances. The couple should keep building their evidence throughout this period.

Bridging visas and work

A bridging visa granted with an onshore partner visa application usually comes into effect when the Working Holiday visa or other substantive visa ends. The guide to bridging visas in Australia explains the types and how they work. The bridging visa keeps the Canadian partner lawful while the application is decided.

Travelling home to Canada

Many Canadians with an onshore partner visa for Canadian citizens pending want to go home for family events. A Bridging Visa A generally does not allow re-entry to Australia after departure. A Bridging Visa B is usually needed before leaving, and it allows travel within a set period. Leaving Australia without the right bridging visa can leave the Canadian partner stranded overseas, with the onshore application at risk. Plans to travel should be checked before booking flights.

Requests from the Department and changes of circumstances

The Department may request more information under section 56 or invite comment on adverse information under section 57. The guides on responding to a section 56 request and the s57 natural justice letter for a partner visa explain each step. Changes such as a new address must be reported, and the guide on Form 1022 change of circumstances explains how.

What does the Australian sponsor need to provide?

The Australian sponsor needs to provide proof of their Australian citizenship, permanent residence or eligible New Zealand citizenship, their own identity documents, the sponsorship details in ImmiAccount and their side of the relationship evidence. For a partner visa for Canadian citizens, the sponsor's evidence often includes their own time in Canada, which can be a central part of the relationship history.

The sponsor's history

If the sponsor has previously sponsored a partner, or was granted a partner visa themselves, sponsorship limitations may apply. These are explained on the partner visa sponsorship limitations page and in the guide on when a sponsor cannot sponsor a partner visa. If a child under 18 is included in the application, the sponsor may be asked for police certificates, and certain convictions can lead to the sponsorship being refused.

The sponsor's account

The sponsor's account of the relationship must match the Canadian partner's account on dates, places and events. If the couple met in Canada, the sponsor should describe their time there, the Canadian partner's family and friends, and how the couple decided to move to Australia. Couples should prepare the relationship statement together and check each other's dates.

What happens at the permanent stage?

At the permanent stage, the Department makes a fresh assessment of whether the relationship is still genuine and continuing, generally once at least two years have passed since the application was made. Paragraph 801.221(2)(d) of the Migration Regulations sets that two-year point for the Subclass 801 visa, subject to exceptions.

The long-term relationship exception

Subclause 801.221(6A) allows the permanent visa to be granted without the two-year wait where the couple were in a long-term partner relationship when they applied. The Department's policy describes this as a relationship of at least three years, or at least two years if there is a dependent child of both partners. Some couples who had been together for years before lodging a partner visa for Canadian citizens will qualify.

Keeping the evidence current

Couples who lodged soon after the Canadian partner arrived, or while living in share houses, should be able to show a more settled shared life by the permanent stage: a lease or property in both names, joint accounts in use, shared bills and recognition as a couple by friends, employers and institutions. The guide on what happens if the relationship breaks down explains the position if the relationship ends before the permanent visa is granted, and the family violence provisions protect applicants who experience violence from their sponsor.

What if a partner visa for Canadian citizens is refused?

If an onshore partner visa for Canadian citizens is refused, the Canadian applicant can usually apply to the Administrative Review Tribunal for review, provided they are in Australia when they lodge the review application and do so within the deadline. Review deadlines are short and strictly applied, so the refusal letter should be read and acted on immediately. For offshore refusals, the right to seek review usually belongs to the Australian sponsor.

Reading the decision

The refusal letter will explain which criteria were not met, how the decision maker weighed the evidence and what review rights exist. The partner visa refusals page, the guide to partner visa refused appeal options and the guide to what to expect at an ART review explain the process. A visa appeal lawyer can assess the prospects quickly.

After an onshore refusal

After an onshore refusal, the applicant's bridging visa position changes, and the options for applying again in Australia may be limited. The guide on applying for a partner visa after a visa refusal explains the restrictions. The wider visa refusals page covers other refusal types, and the visa cancellations page covers situations where a visa already held is under threat.

Common mistakes in a partner visa for Canadian citizens

The most common mistakes in a partner visa for Canadian citizens are letting the Working Holiday visa expire before lodging, assuming Canadian common-law status satisfies the Australian de facto test, applying before the 12-month de facto period is met without a valid exception, obtaining the wrong kind of Canadian police check, and lodging French documents without translation.

Timing mistakes

Waiting until the last week of a Working Holiday visa to start a partner visa for Canadian citizens leaves no room to fix problems. Lodging a de facto application one month short of the 12-month mark, without a registration certificate or other exception, invites refusal. Both can be avoided by planning several months ahead.

Document mistakes

Lodging a name-based local police check instead of the RCMP certified criminal record check, providing a souvenir marriage certificate instead of the provincial registration record, or forgetting police certificates for other countries where the applicant lived can all delay the application. The guide to why partner visas get refused shows how small errors can grow.

Evidence mistakes

In a partner visa for Canadian citizens, relying only on photographs from travels, without evidence of a shared household or finances, leaves the relationship looking like a holiday romance. The evidence should show how the couple built a shared life, not only that they enjoyed time together. The guide to the most common Subclass 820 refusal reasons shows how often thin evidence leads to refusal.

How My Migration Lawyers prepares a partner visa for Canadian citizens

My Migration Lawyers prepares a partner visa for Canadian citizens by settling the strategy first, onshore or offshore, married or de facto, and the timing against the current visa, then building the evidence and documents around that strategy before anything is lodged. The firm acts in many partner visa matters for applicants who are already in Australia on temporary visas, and it regularly handles complex cases involving expiring Working Holiday visas, de facto relationships close to the 12-month mark, relationship registration, previous refusals and character issues.

The work the firm does on a Canadian partner visa

First, the firm checks the Canadian partner's current visa, conditions and expiry date, and confirms whether an onshore Subclass 820 application is available or whether the offshore Subclass 309 path is better. Second, it assesses whether the couple meet the spouse or de facto definition today, and if they are de facto, whether the 12-month requirement is met or an exception, such as relationship registration, applies. Third, it advises on the Canadian documents needed, including the RCMP certified criminal record check, provincial records, translations of any French documents and police certificates from other countries.

Fourth, the firm reviews the couple's relationship statement and the Form 888 statements for gaps and inconsistencies, particularly around how the couple met, periods apart and how they built a shared household. The couple then correct and confirm their own accounts. Fifth, it checks the forms and Form 80, where requested, against the documents, and organises the evidence under the four matters. Sixth, it lodges Form 956 so the Department corresponds with the firm, advises on bridging visas and travel, and prepares any response to a request or natural justice letter.

When couples come to the firm

Some couples come months before the Working Holiday visa ends, which gives the most options. Some come in the final weeks and need urgent advice, which the guide on urgent immigration lawyer advice explains how to prepare for. Some lodged themselves and want the file checked, covered in the guide to hiring an immigration lawyer after lodging your own application. Others want a second opinion from an immigration lawyer or come after a refusal. The guide on fixed-fee immigration lawyers and the guide to booking an immigration lawyer consultation explain what to expect.

Who handles your matter

Partner visa work at My Migration Lawyers is led by Weiwei Zhang, Principal Lawyer. The firm is an Australian immigration law firm with its office at Level 1, 60 Martin Place, Sydney. More about the firm is on the About My Migration Lawyers page and the partner visa lawyers page. Consultations are by video, which suits Canadians working anywhere in Australia, including regional areas. The firm acts for couples including partner visa clients in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Canadians can also read the guides to immigration lawyers on the Gold Coast, in Perth and in Hobart, and compare options in the guides to the best partner visa lawyer in Australia, on the Gold Coast, in Perth and in Hobart.

Book a consultation about your partner visa for Canadian citizens

If you are planning a partner visa for Canadian citizens, especially if your Working Holiday visa is close to expiring or you are unsure whether you meet the de facto requirements, get advice before you lodge. Book a Consultation with My Migration Lawyers to settle your strategy, documents and evidence. You can also call 1300 040 300.