Australian Partner Visa for Chinese Citizens

Can Chinese citizens get an Australian partner visa?

Yes. A partner visa for Chinese citizens is available on the same legal terms as for any other nationality: a citizen of the People's Republic of China who is married to, or in a de facto relationship with, an Australian citizen, Australian permanent resident or eligible New Zealand citizen can apply if the relationship is genuine and continuing and the other visa criteria are met. Australian law does not create a separate partner visa for Chinese citizens, and it does not apply a different relationship test to Chinese couples.

What differs is the evidence. A partner visa for Chinese citizens is built on Chinese civil records, Chinese notarial certificates, the household register, Chinese police records, documents in Chinese that need English translations, and communication on Chinese platforms such as WeChat. Each of those has its own conventions, and each is a place where an otherwise strong application can lose time or credibility. This article is written for Chinese citizens and their Australian partners who want to know which documents and forms the Department of Home Affairs expects, how those documents are obtained in China, and where Chinese files most often go wrong. For the general rules that apply to every couple, read the complete guide to partner visas in Australia.

A partner visa for Chinese citizens is also a common application in Australia because so many Chinese citizens meet their partners while studying or working here. That means the visa the Chinese partner already holds, and any conditions on it, often matter as much as the relationship itself. Couples who want those questions checked before they lodge can speak with our partner visa lawyers.

What the Department assesses for every couple

The Department assesses the same core questions for a partner visa for Chinese citizens as for any other applicant. It asks whether the couple are in a married relationship or a de facto relationship, whether the relationship is genuine and continuing, whether they have a mutual commitment to a shared life together to the exclusion of all others, and whether they live together or do not live apart on a permanent basis. It then looks at four aspects of the relationship: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. The partner visa evidence guide explains how those aspects are weighed.

The applicant must also meet health, character and other public interest criteria, and the sponsor must be approved as a sponsor. None of those requirements change because the applicant is a Chinese citizen. What changes is the paperwork used to prove them.

Which partner visa pathway fits a Chinese citizen?

The right pathway for a partner visa for Chinese citizens depends on where the Chinese partner is when the application is lodged and on whether the couple are married, in a de facto relationship or engaged. There are three pathways, and each is explained on our service pages.

• The Subclass 820 onshore partner visa is lodged together with the permanent Subclass 801 when the Chinese partner is in Australia. The Subclass 820 vs Subclass 801 explainer sets out how the two stages connect.
• The Subclass 309 offshore partner visa is lodged together with the permanent Subclass 100 when the Chinese partner is outside Australia, for example living in China.
• The Subclass 300 prospective marriage visa is for a Chinese partner outside Australia who is engaged to an Australian partner and intends to marry in Australia after arrival.

Every application is lodged online. Nobody "applies from China" on paper. When the Chinese partner is in China, the person who usually instructs My Migration Lawyers is the Australian partner, who is also the sponsor. The sponsor gathers Australian evidence, coordinates documents from China and is the person the firm speaks with most often. For an offshore partner visa for Chinese citizens, the Australian partner is in practice the centre of the file.

The government charge as at October 2026

As at October 2026, the Department of Home Affairs lists the partner visa application charge from AUD 11,710 for most applicants. A Subclass 300 holder who has married and applies in Australia pays a charge from AUD 1,955. One charge covers both stages of the combined application, so the Subclass 820 and Subclass 801 are paid for together, as are the Subclass 309 and Subclass 100. The Department also lists a lower charge from 1 July 2026 for eligible Pacific Island and Timor-Leste citizens. That concession does not apply to a Chinese citizen. Charges are reviewed every 1 July.

Police certificates, health examinations, biometrics and translations of Chinese documents are additional costs that are not included in the charge. The article on what a Subclass 820 partner visa costs explains how those extra costs arise. My Migration Lawyers charges a fixed professional fee under a written costs agreement, and the guide to what a fixed-fee quote should include explains how fixed fees work.

Married, de facto or engaged

A Chinese couple who registered their marriage in China apply as a married couple. A couple who live together but have not married usually apply as de facto partners and generally need 12 months of de facto relationship before the application, unless an exception applies, such as registration of the relationship in an Australian state or territory. The de facto partner visa article and the article on whether 12 months is always needed for a Subclass 820 explain the rule. Same-sex Chinese couples apply on the same basis, and our LGBTI partner visa page explains how those applications are prepared.

Chinese citizens already in Australia: student, visitor and other visas

A Chinese citizen in Australia can usually apply for an onshore partner visa if they hold a substantive visa without a no further stay condition and the relationship meets the legal test on the day of lodgement. The visa the Chinese partner holds when the application is made is one of the most important facts in any onshore partner visa for Chinese citizens.

Moving from a student visa to a partner visa

Many Chinese citizens meet their Australian partners while holding a student visa, and the student visa is a common starting point for an onshore partner visa for Chinese citizens. A student visa holder who applies for the combined Subclass 820 and Subclass 801 while the student visa is still in effect is applying as the holder of a substantive visa. A bridging visa is then normally granted with the valid application, and it comes into effect when the student visa ends. The article on work rights and bridging visas while an 820 is processed and the guide to Bridging visa A explain how that bridging visa works.

The common trap for a student is timing. A student whose course has ended, whose student visa has expired, or who has had a further student visa refused may no longer hold a substantive visa. At that point the onshore partner visa for Chinese citizens becomes harder, because extra criteria apply. Students who are nearing the end of their visa should get advice before it expires, not afterwards.

Visitor visas and condition 8503

Chinese citizens who come to Australia as visitors often hold a visa with condition 8503, the no further stay condition. It is a frequent barrier to an onshore partner visa for Chinese citizens who are in Australia as visitors. Condition 8503 prevents the holder from making a further substantive visa application in Australia, including a partner visa application, unless the condition is first waived by the Department. The waiver is only available in limited circumstances. The article on applying for a Subclass 820 visa with a no further stay condition and the guide to moving from a tourist visa to a partner visa explain what must be checked before any onshore application.

No substantive visa: Schedule 3

A Chinese citizen who no longer holds a substantive visa, because the earlier visa expired or because they are on a bridging visa, generally faces the Schedule 3 criteria at the time of application. Schedule 3 criteria 3001, 3003 and 3004 can be waived only where there are compelling reasons. Our Schedule 3 waiver service page, the article on the Schedule 3 criteria for applicants who are unlawful and the Schedule 3 partner visa waiver guide explain how a waiver request is assessed.

A previous refusal: section 48

Section 48 of the Migration Act 1958 restricts onshore applications by a person without a substantive visa who has had a visa refused or cancelled since last entering Australia. A partner visa is one of the visas that can still be applied for in that situation, but extra validity rules apply. Two statutory declarations from Australian citizens, Australian permanent residents or eligible New Zealand citizens must be lodged with the application, each made no more than 6 weeks before lodgement, under subparagraph 1124B(3)(e)(iii) of Schedule 1 to the Migration Regulations 1994. Form 888 statements do not satisfy that rule. The partner visa after a visa refusal guide covers this group. Chinese students who have had a student visa refused are often in exactly this position, and our page on visa cancellations explains how a cancellation can have the same effect.

What documents does a partner visa for Chinese citizens need?

A partner visa for Chinese citizens needs identity documents, civil status documents, police certificates, relationship evidence and forms, and many of the Chinese documents are supported by notarial certificates with English translations. The Department's own document checklist in ImmiAccount sets out what is required for each applicant, and the list below shows how that usually looks for a Chinese applicant.

• Identity: the Chinese passport, the resident identity card, the household register (hukou) booklet, and evidence of any change of name.
• Birth: a birth certificate or a notarial birth certificate.
• Relationship status: the Chinese marriage certificate, or for de facto couples, evidence of the de facto relationship. Where either partner was married before, the divorce certificate, the court judgment or mediation statement, or the death certificate of the former spouse.
• Character: police certificates from China and from every other country where the person has lived for 12 months or more in the last 10 years since turning 16, including Hong Kong, Macau or Taiwan where relevant, and an Australian police check.
• Relationship evidence: the couple's relationship statement, evidence of the four aspects, communication records, and Form 888 statements from people who know the couple.
• Forms: Form 80 personal particulars where requested, the sponsorship application, and Form 956 where a representative is appointed.

The partner visa document checklist and the 820 partner visa evidence checklist set out the general list for every applicant. The sections below explain the documents that are specific to a partner visa for Chinese citizens and the mistakes that most often appear in them.

My Migration Lawyers does not ask clients for immigration documents they do not keep, such as old visa grant notices or copies of earlier applications. The firm obtains the client's Australian visa history itself. What the client needs to produce are the documents only they can obtain, and for a partner visa for Chinese citizens most of those come from China.

Chinese notarial certificates: what they are and when they are used

A Chinese notarial certificate is a document issued by a notary office in China that certifies a fact or the authenticity of a document, such as a birth, a marriage, an unmarried status, a divorce or the absence of a criminal record, and it is the usual form in which Chinese civil records are presented for use outside China. In a partner visa for Chinese citizens, notarial certificates are often used alongside, or in place of, the underlying Chinese record.

Chinese notary offices are official institutions. A notarial certificate is generally issued on the basis of the person's own records, for example the household register, the original marriage certificate or a certificate issued by the public security bureau. Notarial certificates intended for use abroad are commonly issued with an English translation attached. Where a translation is attached by the notary office, the Department will usually read the certificate and the attached translation together.

Which notarial certificates are commonly used

The notarial certificates most often used in a partner visa for Chinese citizens are:

• a notarial birth certificate, which records the person's name, date and place of birth and parents;
• a notarial certificate of marriage, which certifies the Chinese marriage certificate or the marriage registration;
• a notarial certificate of no criminal record, which certifies a certificate of no criminal record issued by the public security bureau;
• a notarial certificate of unmarried status or of divorce, where a previous relationship or the person's status at the time of marriage matters; and
• notarial certificates of a change of name or of kinship, where names or family relationships need to be proved.

Not every applicant needs every certificate. The Department asks for what is relevant to the particular applicant, and over-supplying documents can create inconsistencies that did not need to exist. The point is to supply the right certificate for each fact, with matching details.

Apostille and legalisation

The Apostille Convention entered into force for mainland China on 7 November 2023, according to the Hague Conference on Private International Law, and it was already in force for Hong Kong and Macau before that date. An apostille certifies the origin of a public document. It does not certify that the content of the document is true. Whether an apostille is needed for a partner visa for Chinese citizens depends on what the Department or another Australian authority asks for in the particular case. Couples should not assume an apostille is required at lodgement, and they should not assume an apostille will cure a document that has inconsistent details.

Hukou booklet and resident identity card

The household register (hukou) booklet is the Chinese record of the members of a household and their personal details, and in a partner visa for Chinese citizens it is often used as evidence of identity, date and place of birth, family composition and marital status. The resident identity card is the Chinese national identity card and carries the person's identity number, name, date of birth and registered address.

The Department compares the hukou booklet with the passport, the identity card, the birth record, the marriage certificate and the forms. In a partner visa for Chinese citizens, the details that most often conflict are the date of birth, the spelling of the name in pinyin, the place of birth and the marital status recorded on the hukou page. A hukou page that still records the applicant as unmarried after a marriage has been registered, or that records a former spouse, will be noticed. It is better to explain a difference before the Department asks than to leave it for a decision maker to find.

Copies of the hukou booklet

The Department usually needs copies of the cover page, the head of household page and the applicant's own page. Copies should be clear, complete and in colour, and each page should be translated. Where the household register has been updated, for example after a marriage or a move, the current version should be provided and any change explained.

Marriage registered at the civil affairs office

A marriage in mainland China is legally formed by registration: both parties register in person at a marriage registration office of the civil affairs authority and receive marriage certificates. For a partner visa for Chinese citizens, the Chinese marriage certificate is therefore the primary evidence that a married relationship exists.

Registration, not the banquet, creates the marriage

Many Chinese couples hold a wedding banquet or ceremony with family, sometimes on a different date from the registration. The banquet is valuable evidence of the social aspects of the relationship and of family recognition. It is not the date of marriage. The date on the marriage certificate is the date of marriage, and every form, statement and supporting statement should use that date. Applications sometimes give the banquet date as the marriage date in one place and the registration date in another, and that inconsistency invites questions that have nothing to do with whether the relationship is genuine.

Is a Chinese marriage recognised in Australia?

Yes, generally. A marriage validly registered in China is generally recognised in Australia under Part VA of the Marriage Act 1961 if it was valid under Chinese law when it was formed and it is not a marriage that Australian law refuses to recognise, for example because one party was already married. The Department assesses whether the couple are in a married relationship for migration purposes under Australian law. Where there is any doubt, such as a previous marriage that may not have been ended properly, the couple should get advice before lodging.

Marrying in Australia

Couples in Australia can also marry here under the Marriage Act 1961. The Australian marriage certificate is then the evidence of marriage. A couple who are engaged and living apart, with the Chinese partner outside Australia, may consider the Subclass 300 prospective marriage visa instead.

Previous marriages and divorce records from China

Where either partner was married before, the Department needs evidence that the earlier marriage ended before the current relationship became a marriage, and in a partner visa for Chinese citizens that evidence is usually a Chinese divorce certificate issued on a registered divorce, or a court judgment or mediation statement for a divorce through the courts. A death certificate is needed where the earlier spouse has died.

A previous marriage is not a problem in itself. It becomes a problem when it is not disclosed, when the divorce is not proved, or when the dates do not work. Failing to declare a previous relationship in the forms can engage the integrity public interest criterion, which concerns false or misleading information. The article on why partner visas get refused explains how that criterion operates.

When the sponsor was married before

The same rules apply to the sponsor. An Australian sponsor who was previously married in China, in Australia or elsewhere must be free to marry. Sponsors should also check the sponsorship limitation in regulation 1.20J of the Migration Regulations 1994, which generally allows a person to sponsor no more than two partners in their lifetime, with five years between sponsorships, subject to compelling circumstances. Our sponsorship limitations service page and the article on when a sponsor cannot sponsor a partner explain the rule.

Police certificates for a partner visa for Chinese citizens

A partner visa for Chinese citizens needs a police certificate from China and from each other country where the applicant has lived for 12 months or more in the last 10 years since turning 16, and time spent in Hong Kong, Macau or Taiwan is covered by a separate certificate from that place's own authority. The applicant also usually needs an Australian police check if they have lived in Australia.

Mainland China

In mainland China, a certificate of no criminal record is issued by the public security bureau, generally where the person's household is registered or where they have resided. The certificate is then commonly presented as a notarial certificate of no criminal record issued by a Chinese notary office. Local public security bureaus allow a representative to apply in some circumstances with a written authorisation, which matters for applicants who are already in Australia. Requirements differ between cities, so the applicant should follow the procedure of the bureau that will issue the certificate.

Hong Kong

The Hong Kong Police Force issues a Certificate of No Criminal Conviction only in connection with a visa application or adoption, and only on the basis of a request letter from the relevant consulate, immigration authority or government authority. The Hong Kong Police Force states that the result is sent to the requesting authority. An applicant who has lived in Hong Kong for 12 months or more should therefore expect the process to start with a request from the Department, rather than an application they can make on their own initiative.

Macau and Taiwan

In Macau, the Identification Services Bureau issues a Certificate of Criminal Record. In Taiwan, the National Police Agency issues a Police Criminal Record Certificate. A Chinese citizen who studied or worked in either place for 12 months or more in the last 10 years should obtain the relevant certificate.

Australia and other countries

An applicant who has lived in Australia usually provides an Australian Federal Police check. A Chinese citizen who studied in another country, such as the United Kingdom or Canada, before coming to Australia also needs a certificate from that country if they lived there for 12 months or more in the period. Police certificates have a limited period of validity for visa purposes, so their timing should be planned against the expected decision date rather than obtained too early.

Character concerns

A criminal record does not automatically end a partner visa for Chinese citizens, but it must be disclosed and assessed. Where a certificate discloses a conviction, the applicant should get advice before lodging. Concealing a record creates a far more serious problem than the record itself.

Chinese translations and names in pinyin

Every document in Chinese must be accompanied by an English translation, and for a partner visa for Chinese citizens that includes the hukou pages, the identity card, the marriage certificate, divorce records, police records and any Chinese text relied on as relationship evidence. Translations made in Australia should be done by a NAATI-certified translator. Translations attached to notarial certificates by a Chinese notary office are usually provided with those certificates.

Names, characters and pinyin

Chinese names are written in characters and transliterated into English letters in pinyin. The Department compares the pinyin spelling in the passport with every other document and form. Differences in word order, spacing or tone-free spelling can look like different people to someone who does not read Chinese. A partner visa for Chinese citizens should use the passport spelling consistently, should record any other names in the forms, including names used at school, at work or online, and should explain variations rather than leave them unexplained.

Translating relationship evidence

Not every Chinese message, card or post needs translation. The couple should choose the evidence that matters and translate that. A short, translated extract that shows a key event is more useful than a large volume of untranslated material that the decision maker cannot read. The guide to preparing evidence of a genuine relationship explains how to select evidence.

Relationship evidence for Chinese couples: the four aspects

Relationship evidence for a partner visa for Chinese citizens is assessed against the same four aspects as every application, which are the financial aspects, the nature of the household, the social aspects and the nature of the commitment, but the evidence that proves each aspect often looks different for Chinese couples. Decision makers are expected to consider the couple's actual circumstances, including cultural circumstances, rather than a single model of a relationship.

Financial aspects: family support and the couple's own pooling

Chinese families often provide substantial financial support to adult children, for example by paying tuition, transferring money for living costs or helping with a home deposit. That support is common and it is not a negative factor. The issue for a partner visa for Chinese citizens is that support from parents does not, by itself, show that the couple share their own finances. The Department looks for evidence that the two partners pool resources or share financial responsibilities, such as joint accounts, shared rent or mortgage payments, shared bills, transfers between the partners, joint purchases and each partner being named in the other's insurance or superannuation.

Where one partner is mainly supported by their family, the couple should still show how they share costs between themselves and explain the family support honestly. Money moving through Alipay or WeChat Pay can be used as evidence, provided the records show the names of the people involved and are translated where needed.

Nature of the household

Evidence of the household includes a shared lease or mortgage, mail addressed to both partners at the same address, and an explanation of how the couple divide household tasks. Many Chinese couples live for a time with the parents of one partner, in Australia or in China. That is an ordinary household arrangement, and it should be explained in the relationship statement so that the decision maker understands who lives in the home and how the couple share it.

Social aspects: family and community recognition

Family recognition carries particular weight in many Chinese relationships. Evidence may include the meeting of both families, the wedding banquet, photographs with relatives, red envelope customs, joint attendance at Spring Festival or other family events, and travel together to visit family in China. Form 888 statements from people who know the couple are part of this evidence, and the articles on who can make a Form 888 and what it should say and on Form 888 example answers and common mistakes explain what makes them useful.

Nature of the commitment

Commitment is shown by the length of the relationship, plans for the future, knowledge of each other's background, support during illness or difficulty, and periods apart that were managed by staying in contact. A couple who married after a short courtship, which is common in some Chinese families, should explain how the relationship developed and why they decided to marry when they did. A short courtship is not a reason for refusal. An unexplained short courtship can become one.

The relationship statement

A partner visa has one relationship statement. In it, the couple give their own account of how they met, how the relationship developed, how they live and what they plan. It is their evidence, in their own words. For a partner visa for Chinese citizens, a statement drafted in Chinese and then translated is acceptable, provided the English version is accurate and consistent with the forms. The partner visa relationship statement guide explains how it is structured.

WeChat and other Chinese platforms as communication evidence

WeChat records are acceptable communication evidence for a partner visa for Chinese citizens, and they are most persuasive when they are presented as dated, identifiable and selective extracts with English translations of the parts relied on. The decision maker needs to see who is communicating, when and how often, and what the communication shows about the relationship.

Most Chinese couples communicate mainly through WeChat, using messages, voice messages, video calls and shared moments. Other platforms such as QQ, Weibo and Xiaohongshu may also be relevant. Couples who were living apart, for example while one partner was in China and the other in Australia, often rely heavily on this evidence to show that the relationship continued during the separation.

How to present WeChat evidence

Good WeChat evidence for a partner visa for Chinese citizens usually has these features:

• each screenshot shows the contact name and the date, so the decision maker can see who the parties are and when the communication occurred;
• a call log or summary shows the frequency of video and voice calls across the relationship, not only recent weeks;
• extracts are chosen from different periods and show important events, such as planning visits, meeting family, discussing the wedding or supporting each other;
• Chinese text that is relied on is translated into English, and the translation identifies the screenshot it relates to; and
• the volume is reasonable, with a short index explaining what each group of extracts shows.

The firm does not prepare or alter communication evidence. The couple export and select their own records. My Migration Lawyers reviews what the couple provide, identifies gaps in the periods covered, and points out where the evidence is inconsistent with the relationship statement or the forms so that the couple can explain or correct it.

Communication evidence is not enough on its own

Communication alone rarely establishes a relationship. A partner visa for Chinese citizens with thousands of messages and no evidence of shared finances, a shared household or family recognition is weaker than a file with fewer messages and good evidence of the other aspects. Communication evidence supports the four aspects. It does not replace them.

Identity and document consistency checks

The Department checks identity and document consistency closely in every partner visa for Chinese citizens, comparing the passport, the identity card, the hukou booklet, notarial certificates, the marriage certificate, police certificates and the forms for matching names, dates of birth, places of birth and marital history. An inconsistency is not always a sign of fraud, but it must be explained.

Form 80 and the personal history

Where the Department requests it, Form 80 asks for a detailed personal history, including addresses, employment, education, travel and family members. Chinese applicants often have long education and employment histories across several cities and sometimes several countries. Each period must be accounted for, and the details must match the other documents. The Form 80 guide explains how to complete it without errors.

Previous visa applications

Many Chinese citizens have made several Australian visa applications before the partner visa, often student and visitor applications. Answers given in those earlier applications, particularly about marital status and relationships, are compared with the partner application. A person who described themselves as single in an earlier application when they were already in a relationship should explain the difference in the partner application. Questions about earlier answers are a common reason why a partner visa for Chinese citizens attracts a natural justice letter under section 57 or a section 56 request for more information.

Changes after lodgement

Processing can take a long time. Changes of address, passport, employment or relationship circumstances must be reported. The article on Form 1022 and when to lodge it explains the notification rules, and the article on how long a Subclass 820 partner visa takes explains current timeframes.

Why partner visas for Chinese citizens are refused, and the 28-day review deadline

A partner visa for Chinese citizens is usually refused for one of three reasons: the Department is not satisfied that the relationship is genuine and continuing, the Department finds false or misleading information, or an onshore applicant did not meet a Schedule 3 or condition 8503 requirement. Each of those reasons has a different response, and the response depends on acting within the review deadline.

The common factual patterns in a refused partner visa for Chinese citizens include a short courtship with little explanation, financial evidence that shows only family support and no pooling between the partners, communication evidence without translations, inconsistent dates of marriage, an undisclosed previous relationship, and earlier visa applications that described a different marital status. The article on why Subclass 820 visas are refused explains these patterns in more detail.

The ART deadline and fee as at October 2026

Under subsection 347(3) of the Migration Act 1958, an application for review of a refused partner visa must be made within 28 days after the day the applicant is notified of the decision, or 7 days if the applicant is in immigration detention. The deadline cannot be extended. A late application is not properly made, and the Administrative Review Tribunal has no jurisdiction to hear it.

As at October 2026, the ART fee for review of a reviewable migration decision is AUD 3,727 for fees paid on or after 1 July 2026. The fee must be paid before the deadline. A 50% reduction may be granted for financial hardship, and the ART refunds 50% of the fee if the decision is set aside, varied or remitted to the Department.

For an onshore Subclass 820 refusal, the applicant applies for review and must be in Australia. For a Subclass 309 refusal where the Chinese partner is outside Australia, the Australian sponsor applies for review. Our Partner Visa Refusals and Visa Refusals pages, the article on appeal options after a partner visa refusal and the ART review guide explain the process. A couple who have just received a refusal should obtain urgent immigration lawyer advice and read about when a visa appeal lawyer is needed.

What Tribunal decisions show for Chinese partner visa files

Tribunal decisions show that the issues that most often arise in a partner visa for Chinese citizens, such as identity documents, inconsistent information, undeclared previous relationships, earlier visa answers about marital status, communication evidence and family financial support, are matters the Tribunal examines closely on review. Every decision listed below was remitted, which means the Tribunal sent the matter back to the Department to reconsider. The headnotes of these decisions do not state the nationality of any party, and nothing about nationality should be read into them. They are listed because their reported issues match the risk points discussed in this article.

• Amoah (Migration) [2024] AATA 2511, Subclass 300: the reported issues were identity, and an educational certificate provided with a previous application that had a different year of birth, which was a probable error by the issuer and was not submitted as identity but as education history.
• 1620095 (Migration) [2019] AATA 400, Subclass 309: the reported issues were false information, inconsistent information submitted, the Tribunal being satisfied of the visa applicant's identity, and a genuine and continuing relationship.
• TRUONG (MIGRATION) [2024] AATA 680, Subclass 820: the reported issues were false or misleading information in a material particular, a previous visitor visa application, marital status, and being separated but still living together.
• 1900688 (Migration) [2021] AATA 1812, Subclass 820: the reported issues were false or misleading information, previous relationships, the applicant not having obtained a divorce from a previous spouse, and the validity of the parties' marriage.
• PALASIT (MIGRATION) [2026] ARTA 1914, Subclass 820: the reported issues were false or misleading information, a previous relationship not declared, an element of fraud or deception, and the discretion to waive the criterion.
• Raymont (Migration) [2020] AATA 5584, Subclass 309: the reported issues were a genuine and continuing relationship, the applicants' visits to each other's countries, the applicant's inaccurate knowledge of the sponsor, and methods of communication.
• Nguyen (Migration) [2022] AATA 185, Subclass 309: the reported issues were a genuine long-term relationship, cultural engagement and marriage registered in the home country, daily communication during COVID-19 travel restrictions, and the nature of commitment.
• 1901559 (Migration) [2023] AATA 3243, Subclass 820: the reported issues were a genuine relationship at the time of the visa application, a valid marriage, joint finances and social activities, support from the sponsor's parents, and the opinion of an independent expert.
• Salise (Migration) [2024] AATA 1932, Subclass 820: the reported issues were a genuine and continuing relationship, the circumstances of meeting and the progress of the relationship, previous visits on tourist visas, and a valid marriage.
• Dau (Migration) [2023] AATA 1156, Subclass 820: the reported issue was that the applicant did not meet criterion 3001 in Schedule 3 because the applicant was not the holder of a substantive visa at the time of application.

These decisions do not decide any other couple's case. Each turned on its own evidence. What they show is that errors in identity documents, earlier visa answers, undisclosed relationships and communication evidence are issues decision makers take seriously, and that they can be addressed when the evidence is explained properly and on time.

How My Migration Lawyers handles a partner visa for Chinese citizens

My Migration Lawyers handles a partner visa for Chinese citizens by checking the Chinese partner's visa position and history first, then reviewing every Chinese civil document, notarial certificate, police certificate and translation against the forms and the relationship evidence before anything is lodged. The firm acts in many partner matters for Chinese citizens and their Australian partners, deals with complex cases such as Schedule 3, condition 8503, section 48, previous marriages and earlier visa answers as a regular part of its work, and is capable of handling these matters from first advice to decision.

The work on a partner visa for Chinese citizens follows a set sequence.

• Pathway and visa check. The firm obtains the Chinese partner's Australian visa history itself, confirms whether a Subclass 820, Subclass 309 or Subclass 300 application is the right pathway, and checks for condition 8503, Schedule 3 exposure and section 48.
• Chinese document plan. The firm tells the couple which Chinese documents are needed for their facts, such as hukou pages, the marriage certificate, divorce records and notarial certificates, and which police certificates are needed for mainland China, Hong Kong, Macau, Taiwan, Australia and any other country.
• Consistency review. The firm compares names in pinyin, dates of birth, the date of marriage, addresses and marital history across every document, the forms and earlier visa applications, and identifies anything that needs an explanation.
• Translation check. The firm checks that every Chinese document relied on has an accurate English translation and that translations match the documents they relate to.
• Evidence review. The relationship statement and Form 888 statements are the couple's and the witnesses' own evidence. The firm reviews them, together with the WeChat and financial evidence, identifies gaps and inconsistencies, and the couple correct and confirm their own words.
• Lodgement and processing. The firm lodges the application, responds to requests from the Department, and advises on any section 56 request or section 57 letter.
• Review if refused. If a decision goes against the couple, the firm advises on the 28-day review deadline and the ART process straight away.

Weiwei Zhang, Principal Lawyer, leads the firm's partner visa practice. You can read more about My Migration Lawyers and about Weiwei Zhang, and see how the firm works as partner visa lawyers in Australia. The firm also explains when an immigration lawyer is needed for a partner visa, whether legal help is worth it compared with doing it yourself and how to choose a partner visa lawyer in Australia. Couples who have already lodged their own application can read about hiring an immigration lawyer after lodgement or getting a second opinion.

Consultations are held by video, and My Migration Lawyers acts for Chinese citizens and their partners across Australia, including clients of our partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. For other visa matters, the firm's immigration lawyers act for clients in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta.

The firm cannot promise any outcome. It can make sure that a partner visa for Chinese citizens is lodged on the right pathway, with the right Chinese documents, consistent details and evidence that the decision maker can read.

Book a Consultation with My Migration Lawyers to have your partner visa for Chinese citizens reviewed before you lodge, or as soon as a problem arises. You can also call 1300 040 300.