Australian Partner Visa for Indian Citizens

Can Indian citizens apply for an Australian partner visa?

Yes. An Australian partner visa for Indian citizens is available to any Indian citizen who is married to, or in a de facto relationship with, an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. There is no separate partner visa for Indian citizens. The same Migration Act 1958 and Migration Regulations 1994 apply to every nationality. What differs is the evidence: Indian marriage traditions, Indian documents, Indian police certificates and Indian naming conventions all shape how a partner visa for Indian citizens should be prepared.

This guide explains the partner visa for Indian citizens from both sides of the relationship. It is written for Indian citizens already in Australia as students, graduates, workers or visitors, for Indian citizens applying from India, and for the Australian partner who will be the sponsor. It covers the visa options, arranged and family-introduced marriages, Indian marriage certificates and registration, police certificates, translations, names, and the status issues that most often catch onshore applicants. The general rules for every couple are in the pillar guide to the partner visa in Australia.

Which partner visa fits your situation?

The right partner visa for Indian citizens depends mainly on where the applicant is when they apply. An applicant in Australia, and not in immigration clearance, applies for the onshore Subclass 820 visa and Subclass 801 visa together. An applicant outside Australia applies for the offshore Subclass 309 visa and Subclass 100 visa together. A couple who are engaged and intend to marry may consider the Subclass 300 prospective marriage visa.

Married or de facto

A partner visa for Indian citizens can be based on a marriage or a de facto relationship. Most Indian couples apply as a married couple, because marriage is the usual path in Indian families. Married couples must show a valid marriage and a genuine and continuing relationship under section 5F of the Migration Act. De facto couples must meet section 5CB and, generally, a 12-month relationship requirement under regulation 2.03A, explained in the guide to the de facto partner visa.

The sponsor's role

The Australian partner must sponsor the applicant. The sponsor may be Australian-born, may be of Indian heritage, or may themselves have come to Australia as a migrant. Sponsors who were previously sponsored as a partner, or who have sponsored a partner before, may face limits under regulation 1.20J, explained on the firm's sponsorship limitations page and in the guide on when a sponsor cannot sponsor a partner visa.

Partner visa for Indian citizens already in Australia

Indian citizens already in Australia can usually apply for an onshore partner visa if they hold a substantive visa that does not prevent it, and the sponsor is eligible. The onshore partner visa for Indian citizens is the combined Subclass 820 and Subclass 801 application, lodged online while the applicant is in Australia. Before lodging, the applicant's current visa, its conditions and their visa history must be checked, because these decide whether an onshore application is valid and whether it can be granted.

Indian students

Many Indian citizens meet their partner while studying in Australia. A student who applies for a partner visa while still holding a valid student visa will usually be granted a bridging visa that comes into effect when the student visa ends. The Department's Subclass 820 instruction confirms that a legislative instrument allows Subclass 820 and Subclass 801 applicants who are eligible for an associated Bridging A or Bridging B visa to be granted that bridging visa with nil conditions. In practice, this means the work limits of the student visa no longer apply once the bridging visa is in effect. The guide on work rights while waiting for a Subclass 820 visa explains the details, and the guide to the Bridging Visa A explains how it works.

Indian graduates and workers

A partner visa for Indian citizens on graduate or work visas follows the same path. Indian citizens holding a graduate or work visa can generally apply onshore in the same way. Holders of some regional visas, such as the Subclass 491 and Subclass 494 visas, must have held those visas for a minimum period before a Subclass 820 application can be made, and must have substantially complied with their conditions. The Department's instruction says the purpose is to stop holders of regional visas avoiding the requirement to live, work and study in regional Australia. Anyone on a regional visa should have this checked first.

Indian visitors in Australia

Indian citizens who are in Australia on a visitor visa face a particular risk. Visitor visas can carry condition 8503, which means the holder cannot be granted another substantive visa, other than a protection visa, while they remain in Australia. A partner visa for Indian citizens who hold a visitor visa with condition 8503 cannot be granted onshore unless the condition is waived, and waivers are only available where compelling and compassionate circumstances have developed since the visa was granted. The guides to moving from a tourist visa to a partner visa and to the no further stay condition 8503 explain this in detail.

If your visa has expired or been refused

If an Indian citizen in Australia no longer holds a substantive visa when they apply, paragraph 820.211(2)(d) requires them to satisfy Schedule 3 criteria 3001, 3003 and 3004, unless the decision maker is satisfied there are compelling reasons not to apply them. The Department's policy says a genuine relationship, and the hardship of separation if the applicant had to apply offshore, are generally not compelling reasons on their own, although an Australian citizen child with a demonstrable link to the applicant may support a waiver. The guides to the Schedule 3 criteria and the Schedule 3 partner visa waiver explain these rules.

If a visa was refused or cancelled since the applicant last entered Australia, section 48 of the Migration Act may also apply. A partner visa remains available under regulation 2.12, but the Department's Subclass 801 instruction explains that the applicant must not have had a partner visa refused since last entering Australia, and the application must include the sponsorship form and two statutory declarations from Australian citizens, permanent residents or eligible New Zealand citizens, made no more than six weeks before lodgement. Indian students whose student visa application was refused often fall into this category. The guide to a partner visa after a visa refusal explains the options, and the guide to bridging visas in Australia explains status while an application is pending.

Partner visa for Indian citizens applying from India

An Indian citizen who is outside Australia applies for the offshore Subclass 309 visa and Subclass 100 visa together. The offshore partner visa for Indian citizens must be applied for while the applicant is outside Australia, and subclause 309.412(1) requires the applicant to be outside Australia when the Subclass 309 visa is granted, subject to a limited concession for some applicants who were in Australia during the COVID-19 concession period.

Living apart while the application is processed

For an offshore partner visa for Indian citizens, most couples live in different countries while the application is processed. The sponsor often travels to India to spend time with the applicant and their family. Those visits, regular contact, financial support and joint plans become central evidence. If the applicant wants to visit Australia during processing, the visitor visa is a separate application, and the Subclass 309 visa still cannot be granted while the applicant is in Australia.

After the Subclass 309 is granted

Once the Subclass 309 visa is granted, the applicant must make their first entry to Australia before the first entry date on the grant. Under the Department's policy, that date is 12 months from grant. The applicant can then live in Australia while the permanent Subclass 100 stage is processed. The guide to Subclass 820 vs Subclass 801 explains the two-stage structure, which works in the same way for the offshore pair.

Onshore or offshore: choosing the right partner visa for Indian citizens

Choosing between an onshore and an offshore partner visa for Indian citizens is a legal question first and a lifestyle question second. The law decides which applications are valid and grantable from where the applicant is. Only once those rules are satisfied does the couple's preference come into play.

When onshore is usually right

An onshore Subclass 820 application usually suits an Indian citizen who is in Australia on a substantive visa without condition 8503, who has no relevant refusal history, and whose relationship is ready to be evidenced. The applicant can usually remain in Australia on a bridging visa while the application is processed, and the couple can live together. The Subclass 820 visa must be granted while the applicant is in Australia, so long trips overseas during processing need planning.

When offshore is usually right

An offshore Subclass 309 application usually suits an Indian citizen who lives in India, or an applicant in Australia who cannot lodge a valid or grantable onshore application, for example because of condition 8503 or Schedule 3. The Department's policy on Schedule 3 waivers says the waiver should not be applied where it is reasonable to expect the applicant to leave Australia and apply offshore. For some Indian citizens in Australia without a substantive visa, the offshore partner visa for Indian citizens is the realistic pathway.

Why the choice should not be rushed

An onshore application lodged without checking status can be invalid, or can be refused on a criterion that could never be met. An offshore application lodged while the applicant is still in Australia is not valid as an offshore application. Getting the choice right at the start is one of the most valuable steps in any partner visa for Indian citizens.

Arranged and family-introduced marriages

An arranged or family-introduced marriage is recognised for an Australian partner visa in the same way as any other marriage, provided both parties gave real consent. The Department's instruction on assessing spouse relationships says that the fact a marriage may have been arranged by relatives, friends or marriage brokers does not itself affect recognition of the marriage, unless one of the parties has not given real consent. This is one of the most important points for a partner visa for Indian citizens, because many Indian marriages are arranged or introduced through family.

Why the Department takes particular care

The same instruction says that, although an arranged marriage may meet the requirement of a valid marriage, decision makers are expected to take particular care in assessing whether the couple have a mutual commitment to a shared life as a married couple to the exclusion of all others, and whether the relationship is genuine and continuing. In plain terms, the marriage certificate proves the marriage. It does not, on its own, prove the relationship. A partner visa for Indian citizens in an arranged marriage needs evidence of how the relationship has developed since the introduction.

What real consent means

Real consent is a concept in the Marriage Act 1961. Under section 23B, a marriage is void where the consent of either party was not real consent because it was obtained by duress or fraud, because a party was mistaken about the identity of the other party or the nature of the ceremony, or because a party did not understand the nature and effect of the ceremony. Foreign marriages without real consent are not recognised. A marriage arranged by families with both parties' free agreement is very different from a forced marriage, and the Department's instructions direct decision makers to refer suspected forced marriages to the authorities. Anyone who is being pressured into a marriage should seek help, and in an emergency should call 000.

How to show the relationship in an arranged marriage

The evidence for an arranged marriage should tell the real story. How were the families introduced? When did the couple first speak and first meet? How often did they communicate before the engagement and the wedding? Who attended the ceremonies? What has happened since: time living together, visits, shared decisions, money and plans? A partner visa for Indian citizens is strongest when the evidence follows that timeline honestly, including the role the families played. The relationship statement is the couple's own account, written in their own words, and the guide to the partner visa relationship statement explains how it is prepared. The firm reviews the statement for gaps and inconsistencies, and the couple correct and confirm their own account.

Arranged engagements and the Subclass 300 visa

For couples who are engaged but not yet married, clause 300.214 requires a Subclass 300 primary applicant to have met their prospective spouse in person since turning 18, and the two must be known to each other personally. This applies even where the marriage was arranged before either party turned 18. A couple whose only contact has been through families, or online, cannot satisfy this requirement until they meet in person.

Indian marriage certificates and registration

For a partner visa for Indian citizens based on marriage, the marriage must be valid in India, where it was solemnised, and the marriage certificate is the primary evidence. Section 12 of the Migration Act applies Part VA of the Marriage Act 1961 to decide whether a foreign marriage is recognised. The Department's instruction confirms that a marriage not recognised in the country where it was solemnised will not be recognised under the Marriage Act or the Migration Act, and its Subclass 820 instruction says that evidence of marriage should take the form of the marriage certificate.

Marriages under Indian personal and civil law

In India, marriages may be solemnised under different laws. Hindu marriages, including marriages of Sikh, Jain and Buddhist couples, are generally governed by the Hindu Marriage Act 1955, which allows a marriage to be registered after the ceremony. Civil marriages, including inter-faith marriages, can be solemnised and registered under the Special Marriage Act 1954. Muslim, Christian, Parsi and other marriages follow their own personal laws and registration practices. Registration requirements and the form of the certificate can differ between states. Whatever law applies, a partner visa for Indian citizens should include the best official evidence of the marriage available, usually a marriage registration certificate issued by the relevant registrar.

Ceremony records versus registration certificates

Many Indian couples have a religious ceremony first and register the marriage later. Sometimes the only record is a certificate from a temple, gurdwara, mosque or church, or an affidavit. Problems arise when the ceremony date, the registration date and the date given in the application do not match, or when the names on the certificate differ from the passports. Each document should be checked against the others before lodgement, and any difference should be explained. Where registration has not yet occurred, the couple should take advice on whether to register before applying, because the decision maker must be satisfied the marriage is valid under the law of the place where it was solemnised.

Marriages in Australia

Indian citizens who marry in Australia usually marry under the Marriage Act 1961. The Department's instruction confirms that marriages solemnised under the Marriage Act are evidenced by a marriage certificate stating the marriage was solemnised under that Act. A couple who hold a commemorative certificate from the ceremony should obtain the official certificate from the relevant state or territory registry for the partner application. A partner visa for Indian citizens married in Australia is assessed on the same relationship criteria as any other.

Marriages that are not recognised

A partner visa for Indian citizens cannot rest on a marriage that is not recognised. Some marriages are not recognised for migration purposes, even if recognised where they took place. The Department's instruction lists certain polygamous marriages, marriages within a prohibited degree of relationship and certain under-age marriages. Australian marriageable age is 18. A marriage in which either party was under 18 raises complex recognition issues that must be assessed before any application is lodged. The Department's instructions also note the domicile of each party can matter.

De facto relationships for Indian couples

A de facto relationship can also support a partner visa for Indian citizens. Under section 5CB of the Migration Act, a couple are in a de facto relationship if 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 generally requires the de facto relationship to have existed for at least 12 months before the application.

The 12-month requirement and its exceptions

For a de facto partner visa for Indian citizens, the exceptions matter. The Department's instruction on de facto relationships confirms that the 12-month requirement does not apply where the applicant can establish compelling and compassionate circumstances, where the partner holds or applied for a permanent humanitarian visa and the relationship was disclosed, or where the relationship is registered under a prescribed Australian State or Territory law. A couple who marry also remove the need to meet the 12-month de facto requirement, provided they then meet section 5F. Many Indian couples who began as de facto partners in Australia marry before or during the application for this reason. The guide on whether you need 12 months of de facto relationship for a Subclass 820 visa explains the options.

Cultural and family factors

Some Indian couples do not live together before marriage, or keep the relationship private from family for a period. The Department's instruction on spouse relationships recognises that the laws or traditions of an applicant's home country may discourage a couple from openly admitting a relationship. Where this applies, the reason should be explained in the relationship statement and supported by whatever evidence exists. It should never be hidden or described inaccurately, because inconsistencies are treated far more seriously than an honest explanation.

Showing a genuine relationship as an Indian couple

A partner visa for Indian citizens is decided on whether the couple are in a genuine and continuing relationship, assessed through the financial aspects of the relationship, the nature of the household, the social aspects of the relationship and the nature of the commitment. These are assessed aspects, not separate statements. The couple provide one relationship statement and supporting documents, and people who know them can provide Form 888 statements. The guide to partner visa relationship evidence explains each aspect.

Financial aspects in Indian families

The financial evidence in a partner visa for Indian citizens often looks different. In many Indian families, money is managed by a parent, by the husband, or jointly with extended family. A couple may not have a joint bank account in the early years of marriage. The regulation looks at pooling of resources and sharing of expenses, not only at joint accounts. Transfers between the couple, payments for the household, support for each other's families, insurance and nominated beneficiaries can all show financial connection when the arrangement is explained.

Nature of the household

In a partner visa for Indian citizens, the household is often a joint family. Indian couples often live with the husband's or wife's parents, or in a joint family household. That is a shared household, but it needs to be explained so that the decision maker understands who lives there and how the couple share responsibilities. Addresses must be consistent across the application, Form 80, bank records and the relationship statement.

Social aspects

Weddings, engagement ceremonies, religious functions and family events are strong social evidence when they are documented over time, not only on the wedding day. Invitations addressed to both partners, photographs with both families, recognition of the marriage by employers and government bodies, and Form 888 statements from people who know the couple all help. Form 888 statements must be made by Australian citizens or permanent residents, so family members in India cannot usually provide them, although they may provide other letters. The guide to Form 888 example answers and common mistakes explains what a useful statement contains.

Nature of the commitment

Commitment is shown by what the couple have done: time spent together, support through difficult events, decisions made jointly, plans for the future and steps taken towards them. For newly married couples, the way the relationship developed is especially important. The guide to preparing evidence of a genuine relationship and the partner visa document checklist explain what to gather.

Inter-faith, inter-caste and same-sex relationships

A partner visa for Indian citizens in an inter-faith, inter-caste or same-sex relationship is assessed on exactly the same legal test as any other, but the evidence often looks different because families or communities may not support the relationship. The decision maker is concerned with whether the couple share a genuine and continuing relationship, not with whether their families approve.

Inter-faith and inter-caste couples

Inter-faith couples in India often marry under the Special Marriage Act 1954 rather than under a religious personal law. Where families oppose the relationship, there may be few family photographs, no large ceremony and limited contact with relatives. That is not a reason to refuse. It is a reason to explain. The relationship statement should describe the family situation honestly, and the social evidence can come from friends, colleagues and the couple's life together rather than from family events. The Department's instruction recognises that traditions in an applicant's home country may discourage a couple from openly admitting a relationship.

Safety comes first

Where family opposition involves threats, violence or pressure to end the relationship, safety comes first. The couple should take advice about how to present those facts, and about whether any other protections are relevant. Anyone in immediate danger in Australia should call 000.

Same-sex couples

Since 9 December 2017, sex or gender no longer affects the right to marry under Australian law, and the Department's instructions confirm that a spouse or de facto relationship may be between two people of the same sex. Indian same-sex couples may marry in Australia or in another country where the marriage is valid, or may apply as de facto partners. Where the relationship could not be acknowledged openly in India, the social evidence needs particular care. The firm's LGBTI partner visa page explains how these applications are prepared.

A step-by-step plan for a partner visa for Indian citizens

A well-prepared partner visa for Indian citizens follows a clear order: check status, choose the right visa, settle the marriage and identity records, order police certificates, prepare translations, and only then assemble the relationship evidence and lodge. Doing the steps in the wrong order is one of the main reasons applications are delayed or refused.

Step 1: Check status and visa history

For onshore applicants, confirm the current visa, its expiry date and any condition 8503, and list every visa application made in Australia, including any refusals or cancellations. This decides whether the application is made onshore or offshore, and whether Schedule 3 or section 48 applies. If you need to create or recover access to the Department's online system, the guide on how to create an ImmiAccount explains the steps.

Step 2: Confirm the relationship basis

Decide whether the application is based on marriage or a de facto relationship. For married couples, confirm the marriage is valid under the law where it was solemnised and that the official certificate is available. For de facto couples, confirm the 12-month requirement or an exception.

Step 3: Settle identity documents

Collect passports, birth certificates and national identity documents for both partners. Compare names, spellings and dates of birth across every document. Prepare explanations for any difference before lodging.

Step 4: Order police certificates early

Order the Indian police certificate and any Australian police check in time for them to be current when the case officer assesses the application. Remember that police clearances are generally treated as valid for 12 months.

Step 5: Translate what needs translating

Arrange accurate English translations of every document that is not in English, using a NAATI-accredited translator in Australia, or a professionally qualified translator outside Australia.

Step 6: Prepare the relationship evidence

Gather evidence across the financial aspects, the household, the social aspects and the commitment, spread across the whole relationship. The couple prepare their one relationship statement in their own words, and people in Australia who know the couple prepare Form 888 statements. The 820 partner visa evidence checklist is a useful starting point for onshore couples.

Step 7: Lodge and keep the file current

After lodgement, respond on time to any request, keep contact details current, and notify any change in circumstances. A partner visa for Indian citizens does not end at lodgement: the permanent stage is a fresh assessment of the relationship, explained in the guide to the Subclass 820 partner visa.

Indian police certificates and character requirements

A partner visa for Indian citizens requires the applicant to meet the character requirement in public interest criterion 4001, and police certificates are the main evidence. Applicants generally need police certificates from each country where they have lived for a cumulative period of 12 months or more in the relevant period, which for most Indian applicants includes India and, for onshore applicants, Australia. The Department's partner visa instructions treat a police clearance as generally valid for 12 months.

The Indian police certificate

The Department publishes country-specific instructions on police certificates, including for India, setting out which certificate is required and how to obtain it. Indian citizens generally obtain their police certificate through the Indian passport system, and applicants in Australia generally apply through the Indian diplomatic mission or its appointed service provider. The details and application process can change, so applicants should follow the current instructions on the Department's website for India before applying. A partner visa for Indian citizens should not be delayed by a police certificate that was ordered late or ordered in the wrong form.

Australian police checks

For an onshore partner visa for Indian citizens, applicants who have lived in Australia, such as Indian students and graduates, will usually also need an Australian national police check. The certificate should be obtained close to when it is requested so that it remains current when the case officer assesses it.

Police certificates at the permanent stage

At the permanent stage, the Department's Subclass 801 and Subclass 100 instructions require a current police clearance for any country where the applicant has lived for a cumulative period of 12 months or more since being granted the temporary visa. For many Indian applicants, this means a further Australian police check, and sometimes a further Indian certificate if they returned to India for an extended period.

Disclosing charges and convictions

In a partner visa for Indian citizens, as in every partner visa, every charge and conviction must be disclosed truthfully, including matters that were withdrawn, dismissed or dealt with without a conviction where the form asks about them. Section 501 of the Migration Act sets out the character test, and the incorrect information provisions in sections 101 to 107 require applicants to correct answers that are wrong or have become wrong. Public interest criterion 4020 deals with false or misleading information and bogus documents. Applicants with any criminal history, in India or in Australia, should obtain advice before lodging.

Translations of Indian documents

Documents in Hindi, Punjabi, Gujarati, Tamil, Telugu, Malayalam, Bengali, Marathi or any other language that is not English must be accompanied by an accurate English translation. The Department's partner application form 47SP states that documents in languages other than English must be accompanied by an accurate English translation, that applicants having documents translated in Australia should use a translator accredited by the National Accreditation Authority for Translators and Interpreters (NAATI), and that otherwise a professionally qualified translator should be used.

Which documents usually need translation

For a partner visa for Indian citizens, commonly translated documents include marriage certificates and registration records issued in a regional language, birth certificates, school records used for identity, police certificates where not in English, and letters or messages relied on as relationship evidence. Many Indian official documents are bilingual. Where a document already includes an English version, check that the English part is complete and matches the regional language part.

Translating relationship evidence

For a partner visa for Indian citizens, messages and letters in a regional language can be strong evidence of communication, but large volumes of untranslated chat logs are of little use to a case officer. Select representative samples across the relationship, have them translated accurately, and explain how they fit the timeline in the relationship statement.

Partner visa for Indian citizens with children

Children can be included in a partner visa for Indian citizens as dependent children of the applicant, and the custody and consent rules for children must be satisfied. Under the Subclass 820, Subclass 309 and permanent stage criteria, a child under 18 who made a combined application with the primary applicant must satisfy public interest criteria 4015 and 4016, which deal with the custody rights of other people and the best interests of the child.

Consent of the other parent

Where a child of the applicant has another parent who is not migrating, such as a parent from an earlier marriage in India, the consent of that parent or a court order is usually needed. The Department's form for parental consent is Form 1229. Where consent cannot be obtained, the couple should take advice about court orders and the Department's requirements before lodging.

Children added later

A newborn child is added to an undecided partner application automatically under regulation 2.08. A dependent child can be added to an undecided temporary partner application at the applicant's written request under regulation 2.08B. Where the parent has already been granted the temporary visa, the Department's instructions point to the Subclass 445 dependent child visa.

Children born in Australia

Under section 12 of the Australian Citizenship Act 2007, as noted in the Department's Subclass 801 instruction, a child born in Australia acquires citizenship by birth if a parent was an Australian citizen or permanent resident at the time of the birth. In most partner visa families, the sponsor meets this test, so a child born in Australia to the couple is usually an Australian citizen.

Indian name conventions and consistent identity

Indian names follow many conventions, and inconsistencies between documents are one of the most common problems in a partner visa for Indian citizens. Some Indian passports show only a given name with no surname. Some people use a father's name, a village name, a caste or community name, or a title as a surname. Many women change their surname after marriage, and some do not. Spelling can differ between documents in English.

List every name and spelling

In a partner visa for Indian citizens, names cause more problems than almost anything else. Form 80 and the application form ask for other names and spellings. List every name the applicant has used or that appears on official documents, including names before and after marriage and alternative spellings. The guide to completing Form 80 explains why these answers matter. Public interest criterion 4020 includes requirements about identity, and an unexplained difference in names can lead to identity concerns.

Dates of birth and other details

Dates matter in a partner visa for Indian citizens too. Some Indian applicants have documents with different dates of birth, often because of school or registration practices. Where this applies, the difference should be identified early and explained with supporting documents, rather than left for the case officer to discover.

Family arrangements, gifts and dowry

Some Indian marriages involve gifts or financial arrangements between families. Where these form part of the history of the marriage and are relevant to the questions asked, describe them accurately. Never exaggerate, minimise or invent details. The aim of the application is to present the couple's real relationship honestly, and the decision maker is assessing the genuineness of the relationship between the two partners, not the financial arrangements between families. Where family pressure, threats or violence are involved, safety comes first, and advice should be taken before anything is lodged.

Health, values and passport requirements

The applicant must also satisfy the health requirement in public interest criterion 4007, which usually involves health examinations with a panel physician. Applicants aged 18 or over at the time of application must satisfy public interest criterion 4019, the Australian values statement. Public interest criterion 4021 requires a valid passport. Indian applicants should make sure their passport will remain valid during processing and should notify the Department of a new passport under the change of circumstances rules, explained in the guide to Form 1022 change of circumstances.

Common problems in a partner visa for Indian citizens

The most common problems in a partner visa for Indian citizens are inconsistent names and dates, marriage records that do not match the application, a relationship statement that describes the marriage but not the relationship, onshore status problems, and late police certificates. Each can be prevented with careful preparation.

A short relationship with thin evidence

This is the classic weakness in a partner visa for Indian citizens. Arranged marriages often move quickly from introduction to wedding. That is not a problem in itself. The problem arises when the application contains only wedding photographs and a certificate. The decision maker needs to see the relationship, not only the ceremony.

Inconsistent addresses and household details

Address errors are common in a partner visa for Indian citizens. Joint family households, student accommodation and frequent moves can produce different addresses in different documents. Every address must be consistent across the application, Form 80 and the supporting evidence.

Status problems onshore

Lodging an onshore partner visa for Indian citizens without first checking condition 8503, Schedule 3 and section 48 can lead to an invalid application or a refusal. The guides to the most common Subclass 820 refusal reasons and why partner visas get refused explain the wider risks.

Responding to the Department

Where the Department raises concerns, it may request more information under section 56 or invite comment on adverse information under section 57. The guides to section 56 requests and the section 57 natural justice letter explain how to respond. If a partner visa is refused, the time limit to seek review at the Administrative Review Tribunal is short and strictly applied. The firm's partner visa refusals page and the guide to partner visa refused appeal options explain the next steps.

How My Migration Lawyers helps Indian citizens with a partner visa

My Migration Lawyers prepares a partner visa for Indian citizens by checking the applicant's status and visa history first, reviewing the marriage records and identity documents against each other, and then presenting the couple's own relationship evidence in the form the law requires. The firm acts in many partner visa matters for Indian citizens and their Australian partners, and it regularly handles complex cases involving arranged marriages, students with refused visas, condition 8503, Schedule 3, name inconsistencies and prior refusals.

What the firm does for Indian couples

First, the firm checks whether the applicant should apply onshore or offshore, and whether condition 8503, Schedule 3 or section 48 affects the application. Second, it reviews the marriage certificate, registration records and ceremony evidence for consistency with names, dates and the law under which the marriage was solemnised. Third, it reviews identity documents and lists every name and spelling for Form 80 and the application. Fourth, it advises on police certificates from India and Australia, translations and health requirements, so that nothing delays the application. Fifth, it reviews the couple's relationship statement, which the couple correct and confirm, and advises on Form 888 statements from people in Australia who know them. Sixth, it organises the evidence across the financial, household, social and commitment aspects, including evidence of how an arranged or family-introduced relationship developed.

When the firm acts

Where the firm is appointed, it lodges Form 956 so the Department corresponds with the firm, and it prepares responses to any requests during processing. Couples who lodged themselves can read the guide to hiring an immigration lawyer after lodging your own application or seek a second opinion from an immigration lawyer. The firm also advises on the permanent stage, explained in the guide to the Subclass 820 visa, and on Schedule 3 waivers where status is an issue.

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, and more about its approach is on the About My Migration Lawyers page and the partner visa lawyers page. Consultations are by video Australia-wide, including for Indian communities in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Couples comparing firms can read the guides to choosing a partner visa lawyer, the best partner visa lawyer in Australia, what an immigration lawyer for a partner visa does and booking an immigration lawyer consultation.

Book a consultation about your partner visa for Indian citizens

If you are an Indian citizen, or the Australian partner of an Indian citizen, and you want your partner visa prepared properly from the start, speak with the firm before you lodge. Book a Consultation with My Migration Lawyers about your partner visa for Indian citizens. You can also call 1300 040 300.