Australian Partner Visa for Fijian Citizens

Can Fijian citizens get an Australian partner visa?

Yes. A partner visa for Fijian citizens is available on the same legal terms as for any other nationality, because Australia's partner visa criteria do not change with the applicant's citizenship. A Fijian citizen who is married to, or in a de facto relationship with, an Australian citizen, Australian permanent resident or eligible New Zealand citizen can apply, provided the relationship is genuine and continuing and the other criteria are met.

What does change is the practical route. A partner visa for Fijian citizens is very often applied for in Australia by a person who first came on a visitor visa to see family, attend a church event or spend time with their partner. That starting point creates the most common legal risks in these files: condition 8503 on the visitor visa, an expired visitor visa and the Schedule 3 criteria, and a previous refusal that brings section 48 of the Migration Act 1958 into play. This guide is built around those onshore options after a visitor visa.

It also covers the Fijian side of the evidence. That includes marriages solemnised in a church or registry, customary ceremonies that were never registered, the Fiji police clearance, and how extended family, church community and remittances to relatives in Fiji fit into the assessment of a genuine relationship. For the full legal framework that applies to every couple, read the complete guide to partner visas in Australia. Couples who want advice on their own facts can speak with the partner visa lawyers at My Migration Lawyers.

Who this guide is written for

This guide on the partner visa for Fijian citizens is written for two readers. The first is the Fijian partner who is in Australia now, usually on a visitor visa, and who wants to know whether they can apply without going home. The second is the Australian partner, who will be the sponsor and who often makes the first enquiry on behalf of the couple.

It is not written for people whose review deadline has already passed. If a partner visa has been refused and the 28-day review period is still running, the section on refusals below explains what needs to happen straight away, and the Partner Visa Refusals page explains how the firm acts in those matters.

What the Department assesses for every couple

The Department of Home Affairs assesses every partner visa for Fijian citizens against the same core questions. Is the relationship a genuine and continuing married or de facto relationship? Do the couple live together, or not live separately and apart on a permanent basis? Does the sponsor meet the sponsorship requirements? Does the applicant meet the health and character requirements and the other public interest criteria? The four aspects of the relationship that decision makers weigh are the financial aspects, the nature of the household, the social aspects and the nature of the commitment. The guide to partner visa evidence and how to prove a relationship is genuine explains those aspects in detail.

Which partner visa pathway suits a Fijian citizen?

The pathway for a partner visa for Fijian citizens depends mainly on where the Fijian partner is when the application is lodged and whether the couple are married, in a de facto relationship or engaged. There are three pathways, and each has its own location rules.

Onshore: Subclass 820 and Subclass 801

The onshore pathway is the combined Subclass 820 onshore partner visa and Subclass 801 application. The applicant must be in Australia when the application is lodged and when the temporary Subclass 820 visa is granted. The temporary visa comes first, and the permanent Subclass 801 is usually assessed later. The explainer on Subclass 820 vs Subclass 801 sets out how the two stages fit together.

The onshore pathway is the one most Fijian visitor visa holders ask about, because it allows the Fijian partner to remain in Australia while the application is processed. It is also the pathway where condition 8503, Schedule 3 and section 48 can stop or complicate an application, so it needs the most careful checking before anything is lodged. The Subclass 820 visa guide covers the general requirements, and the complete Subclass 820 partner visa guide and the article on 820 visa requirements, documents and how to apply explain the application in more depth.

Offshore: Subclass 309 and Subclass 100

The offshore pathway is the combined Subclass 309 offshore partner visa and Subclass 100 application. The applicant must be outside Australia when the application is lodged and when the Subclass 309 is granted. The application is lodged online, not on paper, and in practice the firm's client is usually the Australian partner, who is the sponsor and who manages the application with the Fijian partner in Fiji.

The offshore pathway is often the safer choice for a Fijian partner whose visitor visa carries condition 8503 and who cannot obtain a waiver, or whose position in Australia would require a Schedule 3 waiver that is unlikely to be granted. A partner visa for Fijian citizens lodged offshore avoids the onshore validity traps, but the Fijian partner must then be outside Australia at the grant of the Subclass 309.

Engaged couples: Subclass 300

Couples who are engaged and intend to marry may consider the Subclass 300 prospective marriage visa. The applicant must be outside Australia when it is lodged and granted. Once the Subclass 300 holder marries the sponsor in Australia, they can then apply onshore for the Subclass 820 and Subclass 801. The Subclass 300 is a narrower option and does not suit a Fijian partner who is already in Australia and wants to stay.

Married or de facto

A partner visa for Fijian citizens can be based on a marriage or on a de facto relationship. A de facto applicant generally needs to show the relationship has existed for at least 12 months before the application, unless an exception applies, such as registration of the relationship under an Australian state or territory scheme. The article on whether you really need 12 months of de facto relationship and the guide to the de facto partner visa 12-month rule explain the rule and its exceptions. Same-sex couples apply on the same terms, and the LGBTI partner visa page explains how those applications are prepared.

What does a partner visa for Fijian citizens cost as at October 2026?

As at October 2026, the Department of Home Affairs charge for a partner visa for Fijian citizens starts from AUD 11,710 for most applicants. A Subclass 300 holder applying in Australia for the Subclass 820 and Subclass 801 pays from AUD 1,955. One charge covers both stages of the combined application, so there is no second charge when the permanent stage is assessed.

The Department's partner visa page also states that a lower cost applies from 1 July 2026 for eligible Pacific Island and Timor-Leste citizens. Fijian citizens should check the Department's current page to confirm whether they are eligible for the lower charge and what the exact figure is on the day of lodgement, because visa charges are reviewed each 1 July and the eligibility conditions matter. A couple who assume the lower figure without checking may underpay, and an application lodged without the correct charge will not be validly made.

Other costs are separate from the government charge. They include police certificates, health examinations, biometrics where requested, and translations of any document not in English. Those costs vary and are not set by the Department's partner visa charge. The article on how much a Subclass 820 partner visa costs explains how the charges are structured. My Migration Lawyers charges fixed professional fees under a written costs agreement, and the article on fixed-fee immigration lawyers explains what a fixed-fee quote should include.

Can a Fijian visitor visa holder apply for a partner visa in Australia?

Yes, a Fijian visitor visa holder can usually apply for a partner visa in Australia, but only if the visitor visa does not carry condition 8503 or a similar no further stay condition, or if that condition has been waived first. Whether the application can be made onshore is a validity question. It must be answered before the government charge is paid.

Visitor visas are granted for tourism, family visits and similar short stays. Nothing in the visitor visa rules stops a holder from forming or continuing a relationship in Australia. The question is whether the conditions on the visa allow a further substantive visa application to be made while the person is in Australia. The guide to moving from a tourist visa to a partner visa in Australia explains the general position for all nationalities. This section explains how it applies to a partner visa for Fijian citizens.

Check the visitor visa grant notice first

The visitor visa grant notice lists the conditions attached to the visa. A Fijian partner should read it before taking any other step. If condition 8503 appears, the onshore partner application cannot be validly lodged unless the condition is waived. If condition 8503 does not appear, the next question is whether the visa is still in effect. The conditions can also be checked through the Department's Visa Entitlement Verification Online service, which shows the current visa and its conditions.

Couples sometimes rely on what a relative or friend was told when they visited Australia. That is unsafe. Two visitor visas granted to two members of the same Fijian family can carry different conditions. Only the grant notice for the visa the person holds now answers the question for a partner visa for Fijian citizens.

Applying before the visitor visa expires

Where the visitor visa has no condition 8503 and is still in effect, the safest course is to lodge the partner application before the visitor visa expires. The applicant then holds a substantive visa at the time of application, so the Schedule 3 criteria do not apply. That one timing decision removes one of the largest risks in an onshore partner visa for Fijian citizens.

Lodging before expiry does not mean lodging an unprepared application. The relationship evidence, identity documents and sponsor information still need to be in order. The partner visa document checklist and the 820 partner visa evidence checklist show what is usually needed. Further evidence can be uploaded after lodgement, but a weak start often produces a request for more information later. Processing can take a long time, and the articles on Subclass 820 processing times and how long an onshore Subclass 820 takes explain what affects the timeframe for a partner visa for Fijian citizens.

Bridging Visa A while the application is processed

A valid onshore partner application made while the applicant holds a substantive visa usually results in a Bridging Visa A. The bridging visa comes into effect when the visitor visa ends and allows the Fijian partner to remain lawfully in Australia while the application is processed. The article on Bridging Visa A work rights, conditions and travel explains its conditions, and the article on working while waiting for a Subclass 820 visa explains work rights.

A Bridging Visa A does not allow travel. A Fijian partner who needs to return to Fiji for a family event, a funeral or church obligations while the application is processed should seek advice about a Bridging Visa B before leaving. The guide to the Bridging Visa B and the overview of bridging visas in Australia explain how that works. Leaving Australia without the right bridging visa can leave the applicant offshore with no way back while the onshore application is still being processed.

Condition 8503 on a Fijian visitor visa

Condition 8503 means the holder will not, after entering Australia, be entitled to be granted a substantive visa other than a protection visa while in Australia. For a partner visa for Fijian citizens, that means an onshore Subclass 820 and Subclass 801 application cannot be validly made while the condition applies, unless the Department first waives it.

Condition 8503 is commonly imposed on visitor visas where the Department wants the stay to be temporary. It is also imposed on some other temporary visas. Its effect continues even after the visitor visa expires, because the condition attaches to the visa the person last held. The guide on applying for a Subclass 820 visa with a No Further Stay condition explains the condition in more depth.

The waiver test

The Department may waive condition 8503 only in limited circumstances. The request must show that, since the visa was granted, compelling and compassionate circumstances have developed over which the person had no control, and that those circumstances have resulted in a major change to the person's circumstances. The request is made in writing to the Department before the partner application is lodged. Only after the waiver is granted can a valid partner visa for Fijian citizens be lodged onshore.

The timing is critical. A waiver request is usually only considered while the visitor visa is still in effect. A person whose visitor visa has expired is in a far weaker position, because they have no substantive visa and the Department cannot simply extend their stay while it considers the request.

What does not usually satisfy the waiver test

A relationship that already existed when the visitor visa was granted is unlikely to meet the test, because it is not a circumstance that developed after grant. A decision to marry during the visit is a choice the couple made, so it is usually not treated as a circumstance beyond the person's control. Those are the most common reasons a waiver request in a partner visa for Fijian citizens is refused.

Circumstances that may be relevant include a serious illness or injury affecting the applicant or the Australian partner that arose after the grant, a pregnancy with complications that makes travel unsafe, or a natural disaster or major event in Fiji that prevents return. Each request turns on its own facts and on the evidence supporting it. Where the waiver is unlikely, the realistic option is often to leave Australia lawfully before the visitor visa expires and lodge the offshore Subclass 309 and Subclass 100 application.

Why leaving lawfully matters

A Fijian partner who stays in Australia after the visitor visa expires becomes an unlawful non-citizen. That can create exclusion periods, debts to the Commonwealth if the person is removed, and adverse findings that follow them into any later application. For a couple who want a partner visa for Fijian citizens at the end of the process, an orderly departure and a properly prepared offshore application is often far safer than staying on in the hope that a later onshore application will succeed.

What happens if the Fijian visitor visa has already expired?

If the Fijian visitor visa has already expired, the applicant has no substantive visa, and the onshore partner application must satisfy the Schedule 3 criteria or have them waived for compelling reasons. A partner visa for Fijian citizens is still possible in this position, but the application becomes harder and the outcome depends on the reasons for the delay and the strength of the compelling reasons.

The Schedule 3 waiver page explains how the firm acts in these matters. The articles on the Schedule 3 criteria for applicants who are unlawful and the Schedule 3 partner visa waiver explain the criteria in detail. The summary below applies them to a Fijian visitor who stayed on.

Criterion 3001 and the 28-day window

Criterion 3001 requires the application to be made within 28 days after the applicant last held a substantive visa, or after becoming an unlawful non-citizen, or within the other periods set out in the criterion. A Fijian partner who lodges within 28 days after the visitor visa ended may satisfy criterion 3001. A partner who lodges later will need the criterion waived.

The 28-day window is short and is counted from the day after the visitor visa ended. Couples sometimes spend that time gathering photographs and arranging Form 888 statements. That is usually the wrong order. Where the window is still open, the first priority in a partner visa for Fijian citizens is to make a valid application within it, with the best evidence available at that point.

Criteria 3003 and 3004

Criteria 3003 and 3004 are companion criteria. Criterion 3003 is aimed at people who were already unlawful on 31 August 1994 and have not held a substantive visa since, so it rarely affects a Fijian visitor today. Criterion 3004 applies to an applicant who ceased to hold a substantive visa on or after 1 September 1994, or who entered Australia unlawfully on or after that date and has not since been granted a substantive visa. A Fijian visitor who entered lawfully and stayed after the visitor visa expired falls within criterion 3004.

Where criterion 3004 applies, the decision maker must be satisfied of six separate matters. They include that the applicant became a person without a substantive visa because of factors beyond their control, that there are compelling reasons for granting the visa, and that the applicant substantially complied with the conditions of their last substantive visa. The Department's guidance explains that the factors beyond the applicant's control must have caused the loss of status. It is not enough that difficult circumstances existed at the same time. For a partner visa for Fijian citizens, the practical question is usually whether criteria 3001 and 3004 can be waived for compelling reasons, because an overstay is rarely caused by factors beyond the person's control.

Compelling reasons

Schedule 3 criteria 3001, 3003 and 3004 can be waived for compelling reasons in a partner application. Compelling reasons are assessed at the time of decision. Matters that are often relevant include the length and strength of the relationship, Australian citizen or permanent resident children of the relationship, the impact of separation on the Australian partner, the Australian partner's health or care needs, and how the overstay occurred.

In a partner visa for Fijian citizens, the Australian partner's ties are often central. A sponsor with children from a previous relationship who cannot relocate, a sponsor caring for an elderly parent, or a sponsor with a serious medical condition may provide evidence of the impact of separation. That evidence should come from independent sources wherever possible, such as medical reports, school records and statements from people who know the family.

Bridging visas when there is no substantive visa

A valid onshore partner application made by a person without a substantive visa usually results in a Bridging Visa C or, in some cases, a Bridging Visa E. Those bridging visas have different conditions from a Bridging Visa A, including work rights and the inability to travel and return. The overview of bridging visas in Australia explains the differences.

Section 48 after a refused visa application

Section 48 of the Migration Act 1958 limits the visas a person can apply for in Australia if they do not hold a substantive visa and have had a visa refused or cancelled since last entering Australia. A partner visa for Fijian citizens is one of the visas that can still be applied for onshore in that position, but extra validity requirements apply.

This matters for Fijian applicants who applied for another visa while in Australia, for example a further visitor visa or a student visa, and had it refused. If they now hold only a bridging visa or no visa, section 48 is likely to apply. The guide to applying for a partner visa after a visa refusal explains the strategy, and the visa refusals page explains how the firm acts after refusals more generally.

The two statutory declarations rule

An applicant to whom section 48 applies must, under subparagraph 1124B(3)(e)(iii) of Schedule 1 to the Migration Regulations 1994, provide two statutory declarations with the application. Each must be made by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is not the partner, and must be made no more than 6 weeks before lodgement. Form 888 statements do not satisfy this rule. The applicant must also not have been refused a partner visa since last entering Australia.

These are validity requirements. A partner visa for Fijian citizens lodged by a section 48 applicant without the two statutory declarations is not a valid application, and there is no bridging visa and no review right from an invalid application. Church members, workmates and friends of the couple in Australia are often the right people to make the declarations, provided they meet the citizenship or residence requirement.

Cancelled visas

Section 48 also applies after a visa cancellation, not only a refusal. A Fijian partner whose visitor visa was cancelled, for example for breach of a work condition, should seek advice before lodging anything. The visa cancellations page explains how cancellations affect later applications.

Fijian marriages: registered, church and customary ceremonies

A Fijian marriage is accepted for an Australian spouse application when it was a valid marriage under the law of Fiji where it took place and is recognised under Australian law. For a partner visa for Fijian citizens, the practical question is whether the marriage was solemnised and registered under Fiji's marriage law, because a ceremony alone may not be enough.

Registered marriages under Fiji law

Under Fiji's marriage law, as described by the Fiji Ministry of Justice and the Fiji Ministry of Foreign Affairs, a marriage is solemnised either by a civil marriage officer at the Births, Deaths and Marriages registry or by a registered religious marriage officer. A notice of intention to marry is usually displayed for 21 consecutive days at a registry office before the marriage, unless a special licence is obtained. The marriage is solemnised in front of two witnesses, and the marriage certificate is completed in duplicate, with one copy sent to the Registrar General's Office.

For a partner visa for Fijian citizens, the registered marriage certificate is the primary document of the marriage. The couple should provide a clear copy of the certificate and, where available, a registry extract or reprint. Names, dates and places on the certificate must be consistent with the passport, the birth certificate and the application forms.

Church weddings

Many Fijian couples marry in a church. A church wedding is a valid marriage under Fiji law when the minister is a registered religious marriage officer and the marriage is registered. The church certificate or a photograph of the ceremony is not a substitute for the civil marriage certificate. If the church wedding was registered, the registry record is what the Department will rely on. If it was not, the couple should find out why before lodging a partner visa for Fijian citizens as a married couple.

Church weddings are also valuable as social evidence. A wedding attended by family members, church elders and the congregation shows that the relationship was recognised publicly. Photographs, programmes, invitations and a letter from the minister can all support the social aspects of the relationship, separate from the question of legal validity.

Customary ceremonies without registration

Fijian families may mark a relationship through traditional ceremonies and family exchanges. Those ceremonies have deep cultural meaning. However, a customary ceremony that was not solemnised by a marriage officer and registered under Fiji's marriage law may not be accepted as a valid marriage for Australian migration purposes. In that case the couple may not be able to apply as spouses.

That does not end the matter. A couple whose only ceremony was customary may still be able to apply for a partner visa for Fijian citizens as de facto partners, if they can show a genuine de facto relationship, usually for at least 12 months. The customary ceremony then becomes strong evidence of commitment and family recognition. Tribunal decisions listed later in this guide include cases where a traditional, unregistered marriage or a civil ceremony in the home country was in issue, and those are noted in the Tribunal section below.

Marrying in Australia

A couple can also marry in Australia under the Marriage Act 1961, through an authorised celebrant, after giving the required notice. A Fijian visitor visa holder can marry in Australia. Marrying does not change the visa conditions, so condition 8503 still applies until it is waived. Marrying in Australia also does not cure an expired visa. The marriage simply allows the couple to apply as spouses rather than de facto partners.

Fijian civil documents and identity

The Department assesses identity in every partner visa for Fijian citizens by comparing the passport, birth certificate, marriage certificate, any previous visa applications and the personal history given in the application. Consistency matters more than volume. One wrong date of birth or a different spelling of a family name across documents can lead to questions about identity.

Birth certificates and names

A Fijian birth certificate issued by the Births, Deaths and Marriages registry is the usual evidence of birth and parentage. Some Fijian applicants are known by a name that differs from the registered name, or have changed their name through marriage. Where names differ across documents, the application should explain the difference and include the supporting record, such as the marriage certificate. A short written explanation lodged at the start prevents a later request.

Previous visa applications and the personal history

Many Fijian applicants have applied for Australian visitor visas before, sometimes several times. The Department holds those applications. The personal history given in the partner application, including marital status, addresses and employment, must be consistent with what was declared earlier. Where an earlier application contained an error, it should be identified and explained, not repeated. The Form 80 guide explains how to complete the personal particulars form without errors. The firm obtains the applicant's visa history itself, so the applicant does not need to find old forms or grant notices.

Previous marriages and divorce

If either partner was previously married, evidence that the previous marriage has ended must be provided. A divorce granted in Fiji is evidenced by the court order. Where one partner was previously married in another country, the divorce documents from that country are needed. The Department assesses whether the earlier marriage was validly dissolved under Australian law, so a couple with any doubt about the status of an earlier marriage should obtain advice before lodging a partner visa for Fijian citizens. A partner who is still legally married to someone else cannot rely on a later marriage for a spouse application, although a de facto relationship may still be available in some circumstances.

Translations

Most Fijian civil documents are issued in English. Where a document is in iTaukei, Fiji Hindi or another language, an English translation is needed. Translations done in Australia should be prepared by a translator accredited by NAATI. The same applies to relationship evidence in another language, such as messages or letters from family members, where those are relied on.

Apostille and certified copies

Fiji is a party to the Hague Apostille Convention, and the Fiji Ministry of Foreign Affairs can apostille Fijian public documents for use overseas. The Department generally accepts clear colour copies of original documents uploaded to ImmiAccount for a partner visa. Whether an apostille is useful in a particular case depends on the document and on whether the Department has asked for it. The guide on how to create an ImmiAccount explains the online lodgement system.

Fiji police clearance for a partner visa

A Fijian applicant for an Australian partner visa usually needs a police clearance from Fiji, because the Department generally requires police certificates from each country where the applicant has lived for 12 months or more in the last 10 years since turning 16. For a partner visa for Fijian citizens, that will almost always include Fiji.

According to the Fiji Ministry of Foreign Affairs, police clearance requests are dealt with through the Criminal Investigations Department of the Fiji Police Force. Fijian missions overseas also publish checklists for applicants abroad, which commonly ask for a completed form, certified copies of the passport bio-data page and birth certificate, photo identification and payment of the fee. Applicants should follow the current requirements published by the Fiji Police Force and the Fijian mission where they are applying, because procedures can change.

When to obtain the Fiji police clearance

Police certificates have a limited period of validity for visa purposes. Obtaining the Fiji police clearance too early can mean it has to be obtained again. Obtaining it too late can delay the decision. The usual approach is to request the clearance when the Department asks for it, or shortly before lodgement where the couple want a decision-ready application. Applicants in Australia who need a Fiji police clearance should allow time for the request to be processed through the Fijian authorities.

Other countries and Australia

An applicant who has lived in another country for 12 months or more in the last 10 years since turning 16, such as New Zealand, will need a police certificate from that country too. Applicants who have spent 12 months or more in Australia will usually be asked for an Australian National Police Certificate issued by the Australian Federal Police. The sponsor may also be asked for police certificates as part of the sponsorship assessment.

Character concerns

A criminal record in Fiji or elsewhere does not automatically prevent the grant of a partner visa for Fijian citizens, but it must be disclosed and assessed against the character requirements. Concealing a conviction is far more damaging than the conviction itself, because it raises a separate question of false or misleading information. An applicant with any criminal history, including a matter that did not lead to a conviction, should obtain advice before answering the character questions.

Relationship evidence for Fijian couples: the four aspects

Relationship evidence for a partner visa for Fijian citizens is assessed under the same four aspects as for every couple: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. What differs is how those aspects show up in Fijian family and community life. Evidence that reflects the couple's real life is more persuasive than a generic checklist.

The guides to preparing evidence of a genuine relationship and partner visa evidence explain the general approach. The sections below apply it to Fijian couples.

Financial aspects: remittances and family obligations

Money sent to family in Fiji is common, and it is relevant to the financial aspects of the relationship. Remittances sent by the Australian partner to the Fijian partner, or to the Fijian partner's parents to support them, can show financial commitment and shared responsibility. Remittance receipts, bank records and money transfer histories are the best evidence of those payments.

Remittances can also raise questions. A Fijian partner who sends a large share of their income to extended family may have limited joint savings with the Australian partner. That is not a problem if it is explained. The relationship statement should explain the family obligations, who receives the money, how the couple decide on it together, and how the rest of their finances are managed. Decision makers may otherwise read separate finances as a sign that the couple do not share their lives.

Joint bank accounts, shared bills, a joint lease, shared car or insurance arrangements and evidence that one partner pays for the other's expenses all support the financial aspects. A partner visa for Fijian citizens lodged while the Fijian partner is on a visitor visa may have limited joint financial evidence, because a visitor may not be able to work. That is understandable, and the evidence should show how the couple actually manage money in their situation.

Nature of the household

The nature of the household covers living arrangements, shared responsibility for the home and the care of any children. Many Fijian couples live with extended family, or have relatives staying with them for long periods. That is consistent with a genuine household. The evidence should show where the couple live, who else lives there, and how household tasks and expenses are shared.

Where the couple lived together in Fiji before the Fijian partner came to Australia, evidence of that shared household is valuable. Letters addressed to both partners at the same address, a lease, statements from village or community members, or church records showing both partners at the same address may all help. Where the couple have lived apart for long periods, the reasons should be explained, such as work, visa restrictions or family duties.

Social aspects: extended family and church community recognition

The social aspects of the relationship cover whether the couple present themselves as a couple to family, friends and the community. For a partner visa for Fijian citizens, extended family and church community recognition are often the strongest social evidence available.

Evidence can include photographs at family gatherings, weddings, funerals and church events, invitations addressed to both partners, social media posts, and letters from church ministers or community leaders. The Australian partner's involvement with the Fijian partner's family, whether in Fiji or in the Fijian community in Australia, is particularly relevant. A decision maker who sees that the relationship is known to and accepted by both families is more likely to accept it is genuine.

Form 888 statements from people who know the couple are an important part of the social evidence. Each Form 888 must be made by an Australian citizen, Australian permanent resident or eligible New Zealand citizen. Church members and community leaders in Australia often meet that requirement. Family members in Fiji who do not meet it can still provide letters or statements, but those are not Form 888 statements. The guides to Form 888 and who can make one and Form 888 example answers and common mistakes explain the requirements.

Nature of the commitment

The nature of the commitment covers the length of the relationship, the couple's knowledge of each other's circumstances, their plans for the future and how they have supported each other. Evidence can include communication when apart, visits to each other's countries, financial support during difficult times and plans to have children or buy a home.

For a partner visa for Fijian citizens, the decision to marry in a church or in front of both families is itself evidence of commitment. So is the Australian partner's participation in Fijian family obligations, such as attending funerals or contributing to family events. Those facts should be described in the relationship statement and supported where possible.

The relationship statement

A partner visa has one relationship statement, usually made by each partner, describing how the couple met, how the relationship developed, how they live together and their plans for the future. It should be in the couple's own words and must be accurate. My Migration Lawyers reviews the relationship statement for gaps and inconsistencies, and the couple correct and confirm their own words. The guide to the partner visa relationship statement explains how it should be approached.

For Fijian couples, the relationship statement is the place to explain cultural matters that a decision maker may not understand, such as the role of the extended family, family obligations and remittances, the significance of church or customary ceremonies, and why the couple may have lived with relatives. A clear explanation turns what might look like a weakness into evidence of a genuine relationship.

Communication and time apart

Communication evidence is important in a partner visa for Fijian citizens whenever the couple have spent time apart, for example while one partner was in Fiji and the other was in Australia. Messages, call logs and video call records show that the relationship continued during the separation.

Couples often communicate through messaging apps such as WhatsApp, Viber and Facebook Messenger. Screenshots should show the dates, the names of both partners and a representative sample across the whole period, rather than hundreds of pages. Messages in iTaukei or Fiji Hindi that are relied on should be translated. Communication evidence supports the nature of the commitment, but it is not enough on its own. It should sit alongside the financial, household and social evidence.

Travel history is also relevant. Records of visits by the Australian partner to Fiji and by the Fijian partner to Australia show the couple have spent time together. Boarding passes, passport stamps, accommodation bookings and photographs from those visits all help. The Department can check travel records, so the dates given in the application must be accurate.

Common reasons a partner visa for Fijian citizens is refused

A partner visa for Fijian citizens is most often refused because the application was not validly made, because the Schedule 3 criteria were not met and not waived, or because the Department was not satisfied that the relationship was genuine and continuing. Each of those reasons is avoidable in many cases with proper preparation.

Validity problems include lodging onshore despite condition 8503 without a waiver, lodging without the two statutory declarations required for a section 48 applicant, or paying the wrong charge. Schedule 3 refusals occur where the application was made more than 28 days after the visitor visa ended and the compelling reasons were not established. Genuine relationship refusals often occur where the evidence is thin, inconsistent or unexplained, especially on finances and living arrangements. The articles on why partner visas get refused and the most common reasons Subclass 820 visas are refused set out the patterns.

Before a refusal, the Department may send a request for more information under section 56 or a natural justice letter under section 57. Those letters are an opportunity to address concerns. The guides to responding to a section 56 request and to the section 57 natural justice letter for a partner visa explain how to respond.

Changes after lodgement

Circumstances change while an application is processed. A new address, a new job, a pregnancy or a change in the relationship should be reported to the Department. The guide to Form 1022 change of circumstances explains how. If the relationship breaks down, the article on what happens to a Subclass 820 application if the relationship breaks down explains the options. Where family violence has occurred, the family violence partner visa page explains the special provisions.

Sponsor limitations

The sponsor must also meet the sponsorship requirements. Under regulation 1.20J, a sponsor generally cannot sponsor more than two partners in their lifetime, and not within five years of a previous sponsorship, unless there are compelling circumstances. The sponsorship limitations page and the article on when a sponsor cannot sponsor a partner visa explain the rule.

The 28-day ART deadline and AUD 3,727 fee

If a partner visa for Fijian citizens is refused in Australia, the applicant can apply to the Administrative Review Tribunal for merits review. Under subsection 347(3) of the Migration Act 1958, the application for review 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 timeframe cannot be extended. A late application is not properly made, and the Tribunal has no jurisdiction to hear it.

As at October 2026 the Tribunal fee for review of a partner visa refusal is AUD 3,727 for fees paid on or after 1 July 2026, and the fee must be paid before the deadline for applying for review. A 50% fee reduction may be granted for financial hardship. The Tribunal refunds 50% of the fee if the decision is set aside or varied or the matter is remitted to the Department. For an onshore refusal, the applicant applies for review and must be in Australia. For a Subclass 309 refusal where the applicant is outside Australia, the Australian sponsor applies for review. The guides to partner visa appeal options, what to expect at an ART review and when you need a visa appeal lawyer explain the process.

What Tribunal decisions show for visitor visa and Schedule 3 partner cases

Tribunal decisions show that the issues most relevant to a partner visa for Fijian citizens after a visitor visa, including Schedule 3, compelling reasons, previous visitor visa applications, customary or unregistered marriages and culturally specific evidence, are regularly considered on review. Each decision listed below was remitted, which means the Tribunal sent the matter back to the Department to reconsider with directions. The descriptions record only the issues reported in each decision's headnote. The headnotes do not state the nationality of the parties, and nothing below suggests any party was Fijian.

• Sandhu (Migration) [2018] AATA 1483, Subclass 820: the reported issues were whether compelling reasons exist for not applying the Schedule 3 criteria, the length of the relationship and the difficulty of relocating offshore while the application is processed.
• Wang (Migration) [2018] AATA 2629, Subclass 820: the reported issues were the Schedule 3 criteria, that the applicant did not have a substantive visa at the time of application, compelling reasons, and that the applicant cares for the sponsor's children.
• Bedi (Migration) [2020] AATA 5208, Subclass 820: the reported issues were an application made more than 28 days after the last substantive visa held, compelling reasons for not applying the criteria, and an Australian citizen child of the relationship.
• 1711977 (Migration) [2019] AATA 4199, Subclass 820: the reported issues were that the applicant did not hold a substantive visa, compelling reasons and significant hardship.
• Parada (Migration) [2020] AATA 6058, Subclass 820: the reported issues were compelling reasons to waive the Schedule 3 criteria, a genuine de facto relationship for 12 months before the visa application, and work commitments that restricted joint residence.
• 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 a couple who were separated but still living together.
• Pham (Migration) [2021] AATA 4350, Subclass 820: the reported issues were false or misleading information in a previous visitor visa application, an answer of married when the person was separated and later divorced, and credible witness and other evidence.
• Phan (Migration) [2022] AATA 251, Subclass 300: the reported issues were a Federal Circuit Court remittal, a genuine intention to marry and live together, and a traditional, unregistered marriage in the home country.
• Nguyen (Migration) [2023] AATA 241, Subclass 300: the reported issues were a genuine intention to marry within the visa period and live together as spouses, and a civil ceremony in the home country that was not valid for the purposes of the Act.
• TOURI (Migration) [2021] AATA 4570, Subclass 309: the reported issues were a genuine and continuing relationship, a valid marriage, limited financial arrangements, and social aspects of the relationship as culturally appropriate.
• Danquah (Migration) [2023] AATA 1378, Subclass 309: the reported issues were a genuine and continuing relationship, the rapid inception of the relationship, consistency with cultural beliefs, and money transfers.
• Kamara (Migration) [2018] AATA 5834, Subclass 300: the reported issues were a genuine intention to live together as spouses, financial support to the applicant and her brother, strong engagement between the families, and credible witnesses.

These decisions do not decide any future case, and each turned on its own evidence. They show that a refusal on Schedule 3, on information given in a previous visitor visa application, on an unregistered ceremony or on culturally specific evidence can be reconsidered on review where the evidence supports it. They also show why it is better to address those issues properly before lodgement, when they can be explained in the applicant's own evidence. The Partner Visa Refusals page explains how the firm acts on review.

How My Migration Lawyers handles a partner visa for Fijian citizens after a visitor visa

My Migration Lawyers handles a partner visa for Fijian citizens by first deciding whether the onshore application can validly be made at all, and only then preparing the evidence. The firm deals with complex visitor visa, Schedule 3 and section 48 cases as a regular part of its work, acts in many onshore and offshore partner matters of this exact type, and is capable of handling them from the first assessment to the decision.

The work on a Fijian visitor visa file follows a set sequence.

• Visa conditions and timing. The firm checks the Fijian partner's current visa, its expiry date and whether condition 8503 is attached, and obtains the applicant's visa history itself. If the visitor visa is still in effect, the firm advises on lodging before it expires.
• Validity check. The firm checks whether section 48 applies, whether the two statutory declarations are required, and whether the Schedule 3 criteria apply. Where condition 8503 applies, the firm advises whether a waiver request has a realistic basis or whether an offshore Subclass 309 and Subclass 100 application is the safer course.
• Pathway advice. The firm advises on the onshore, offshore or prospective marriage pathway, and on whether the couple should apply as spouses or de facto partners, including where the only ceremony was customary or the church wedding was not registered.
• Documents review. The firm reviews the Fijian birth and marriage certificates, any divorce documents, the passport and the Fiji police clearance requirements, and identifies inconsistencies in names, dates or marital status across documents and earlier visa applications.
• Evidence review. The firm reviews the relationship statement and Form 888 statements for gaps and inconsistencies, and the couple correct and confirm their own words. It advises on how remittances, extended family arrangements and church community involvement should be documented and explained.
• Lodgement and follow-up. The firm is appointed on the application through a Form 956, lodges the application, responds to requests for further information, and advises on bridging visa conditions, travel and changes in circumstances while the application is processed.

The work is led by Weiwei Zhang, Principal Lawyer. Consultations are held by video, so couples anywhere in Australia, and Australian partners whose Fijian partner is in Fiji, can obtain advice without travelling. The firm acts for clients through its partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. For other visa matters affecting the family, the firm also acts through its immigration lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Couples deciding whether to obtain legal help can read about using an immigration lawyer for a partner visa, a partner visa lawyer compared with doing it yourself and the factual differences between a migration agent and an immigration lawyer. Couples who have already lodged their own application can read about hiring an immigration lawyer after lodgement, and the guide to an immigration lawyer consultation explains what to prepare. More information is available about My Migration Lawyers. Fixed professional fees are agreed in a written costs agreement before work begins.

If the Fijian partner is in Australia on a visitor visa, timing may decide whether an onshore application is possible at all. Do not wait until the visa has expired to obtain advice on a partner visa for Fijian citizens. Book a Consultation with My Migration Lawyers. You can also call 1300 040 300.