Australian Partner Visa for Italian Citizens

What is the partner visa for Italian citizens?

A partner visa for Italian citizens is the Australian partner visa that allows an Italian national who is married to, or in a de facto relationship with, an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia. There is no separate visa class for Italians. The partner visa for Italian citizens uses the same legal criteria as every other partner application, but Italian applicants tend to arrive at it from a particular starting point: a Working Holiday visa, a student visa or an eVisitor visa, often with a relationship that began in Australia and in a shared house.

This guide explains how to apply onshore for a partner visa for Italian citizens. It covers the move from a Working Holiday visa (Subclass 417) or student visa to the onshore Subclass 820 partner visa, the timing rules that matter before the current visa ends, the Italian documents the Department of Home Affairs usually expects, translations, the evidence young couples need when they live with housemates, and what happens if the application is refused. For the full legal framework of all partner visas, read our complete guide to partner visas in Australia.

The application is lodged online through ImmiAccount. The Italian partner is the applicant. The Australian partner is the sponsor. Both have obligations, and both give evidence. Couples who want advice on their own facts before lodging can speak with our partner visa lawyers.

Who can sponsor an Italian partner

The sponsor must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, and must usually be at least 18 years old. A sponsor who has sponsored partners before may be caught by the sponsorship limitation in regulation 1.20J of the Migration Regulations 1994. In general terms, a person cannot sponsor more than two partners in a lifetime, and cannot sponsor a new partner within five years of an earlier sponsorship, unless there are compelling circumstances. Our page on partner visa sponsorship limitations and the article on when a sponsor cannot sponsor a partner visa explain these rules.

Many Australian sponsors of Italian partners are themselves of Italian heritage and may hold Italian citizenship as well as Australian citizenship. Dual citizenship does not stop an Australian citizen from sponsoring. That situation is discussed later in this guide.

Can Italian citizens apply for a partner visa in Australia?

Yes. Italian citizens who are in Australia can generally apply for a partner visa onshore, as long as they meet the validity rules on the day of lodgement. The onshore pathway is the combined Subclass 820 (temporary) and Subclass 801 (permanent) application. The applicant must be in Australia when the application is made, and must also be in Australia when the Subclass 820 is granted.

There are three partner pathways, and the right partner visa for Italian citizens depends on where the Italian partner is and what the relationship is:

• Onshore partner visa. The Subclass 820 onshore partner visa and Subclass 801 are applied for together by an applicant in Australia. This is the pathway most Italians on working holiday or student visas use.
• Offshore partner visa. The Subclass 309 offshore partner visa and Subclass 100 are applied for together by an applicant who is outside Australia, for example a partner who has returned to Italy.
• Prospective marriage visa. The Subclass 300 prospective marriage visa is for a couple who intend to marry. It is lodged from outside Australia, and the couple must marry in Australia or elsewhere within the visa period before applying onshore for the partner visa.

This guide focuses on the onshore route because it is how most Italian applicants apply. Our articles on the Subclass 820 visa, the Subclass 820 partner visa requirements, cost and processing and the difference between Subclass 820 and Subclass 801 give the general background.

The government charge as at October 2026

As at October 2026, the Department of Home Affairs charge for a partner visa is from AUD 11,710 for most applicants. It is from AUD 1,955 for a Subclass 300 holder applying in Australia. One charge covers both stages of the combined application, so there is no second charge when the Subclass 801 stage is assessed. The Department reviews its charges each 1 July. The Department also states a lower cost for eligible Pacific Island and Timor-Leste citizens from 1 July 2026, which does not apply to Italian citizens.

Other costs are extra. They include police certificates, health examinations, translations and, where requested, biometrics. Our article on every fee in a Subclass 820 application explains how the costs fit together. My Migration Lawyers charges its own professional fees as fixed fees under a written costs agreement, and those fees are separate from the government charge.

Married or de facto: which relationship fits an Italian couple?

A partner visa for Italian citizens can be based on a marriage or on a de facto relationship, and the evidence and timing differ for each. A married couple must have a marriage that is valid under Australian law. A de facto couple must show that they have a mutual commitment to a shared life together to the exclusion of all others, that the relationship is genuine and continuing, and that they live together or do not live separately on a permanent basis.

The 12-month de facto requirement for Italian couples

For a de facto relationship, the couple must generally have been in the de facto relationship for at least 12 months immediately before the application is made. The 12 months is not counted from the first date or the first kiss. It is counted from the time the relationship became a de facto relationship, which usually means the time the couple began to live together as a couple and share their lives. Our article on whether you really need 12 months of de facto relationship for a Subclass 820 visa and the guide to the de facto partner visa and the 12-month rule explain the exceptions.

The 12-month rule does not apply where there are compelling and compassionate circumstances, such as a child of the relationship, or where the relationship is registered under a law of an Australian state or territory that is prescribed for this purpose. Several states allow couples to register a relationship with their Births, Deaths and Marriages registry. Registration is not the same as proof that the relationship is genuine, but it can remove the 12-month requirement. This matters to Italian couples on working holiday visas, because the relationship is often less than 12 months old when the working holiday visa is close to ending.

An Italian *convivenza di fatto* recorded with a comune, or an Italian *unione civile*, is not an Australian state registration. It can still be useful evidence of the relationship, but it should not be assumed to remove the 12-month requirement. Couples in that position should get advice before relying on it.

Married in Italy or married in Australia

A marriage celebrated in Italy, whether a civil marriage before an officer of the comune or a religious marriage that has been transcribed into the civil registers, is generally recognised in Australia if it was valid where it took place and is not a marriage that Australian law refuses to recognise. A marriage in Australia must comply with the Marriage Act 1961, including the notice of intended marriage given to an authorised celebrant at least one month before the wedding.

Some Italian couples marry in Australia quickly to avoid the 12-month de facto requirement. A valid marriage does remove that requirement. It does not remove the need to prove a genuine and continuing relationship. A short relationship followed by a quick wedding shortly before a working holiday visa expires is a pattern the Department looks at closely, so the evidence must be strong and the history must be explained clearly.

Same-sex Italian couples have the same options. Our page on same-sex and LGBTI partner visas explains how the law treats same-sex marriages and de facto relationships.

From a Working Holiday visa to a partner visa for Italian citizens

An Italian on a Working Holiday visa (Subclass 417) can usually apply onshore for a partner visa while the working holiday visa is still in effect. This is the most common route to a partner visa for Italian citizens. The working holiday visa does not normally carry condition 8503 (No Further Stay), so in most cases the holder can make a further visa application in Australia. Every applicant should still check their own visa conditions in VEVO or on the grant notice, because conditions are set on each grant.

Timing before the working holiday visa ends

The single most important timing point for an Italian working holiday maker is this: lodge the partner visa application while the Working Holiday visa is still in effect, not after it has expired. An applicant who holds a substantive visa on the day of lodgement does not have to meet the Schedule 3 criteria. An applicant who has let the visa expire does.

Lodging in time has a second advantage. When a valid Subclass 820 application is made by a person who holds a substantive visa, the applicant is usually granted a Bridging Visa A. That bridging visa comes into effect when the working holiday visa ends and keeps the applicant lawful while the partner application is processed. Our articles on Bridging Visa A and bridging visas in Australia explain how this works.

The practical rule for a partner visa for Italian citizens is to plan backwards from the expiry date. A couple who need 12 months of de facto relationship, an Italian police certificate and translated civil documents should start several months before the working holiday visa ends. Some documents can be added after lodgement, but the validity requirements and the relationship type must be right on the day the application is made.

Second and third year working holiday visas

Many Italian working holiday makers apply for a second or third Working Holiday visa after doing specified work in regional Australia. A second or third year visa gives more time to build the relationship evidence before lodging the partner visa. It is not compulsory to use that route, and a couple who already meet the requirements do not need to wait.

A couple should not apply for a further working holiday visa only to buy time if the relationship already qualifies and the applicant intends to stay with the Australian partner. The visa history must make sense. Statements made in one application can be compared with statements made in another, and a partner visa for Italian citizens is assessed on the whole history.

Regional work, farm work and travelling together

Italian working holiday makers often spend months doing farm work or regional work, sometimes with the Australian partner and sometimes apart. Time spent travelling together, working together on farms or living in regional accommodation together can be strong evidence of a shared life. Time spent apart for work does not end a de facto relationship, as long as the couple did not live separately on a permanent basis. The evidence should explain where each partner was and why.

Work rights while the application is processed

An applicant on a Bridging Visa A linked to a partner application can generally work while the application is processed. The exact conditions depend on the bridging visa granted, so the applicant should check the grant notice. Our article on working while waiting for a Subclass 820 visa explains the usual position.

From a student visa to a partner visa for Italian citizens

An Italian on a student visa (Subclass 500) can usually apply onshore for a partner visa while the student visa is still in effect, subject to the conditions on that visa. Some student visas carry condition 8503 or another no further stay condition, and those conditions must be checked before any application is planned. Most do not.

Italian students in Australia often meet their partners through study, work or shared housing. The student visa route has the same timing logic as the working holiday route. The application should be lodged while the student visa is in effect, so that Schedule 3 does not apply and a Bridging Visa A can be granted.

Leaving a course after lodging

A student who lodges a partner visa for Italian citizens may want to stop studying. Stopping study can breach the conditions of the student visa while that visa is still in effect, and a breach can expose the student visa to cancellation. Cancellation can then affect the partner application. The safer course is to get advice before reducing study, deferring or withdrawing. Our page on visa cancellations explains why this matters.

Statements made in earlier visa applications

A student visa application asks about the applicant's circumstances and intentions. If the relationship already existed when the student visa was lodged, and the student visa application said the applicant was single, the Department may compare the two. The answer is not to hide the earlier statement. The answer is to explain the history accurately in the partner visa for Italian citizens and in the relationship statement.

When an Italian citizen in Australia has no substantive visa

An Italian citizen who is in Australia without a substantive visa can still apply for a partner visa onshore in many cases, but extra criteria apply and the risk is much higher. The person may hold a bridging visa, or may be unlawful because a working holiday, student or eVisitor visa has expired.

Schedule 3 criteria 3001, 3003 and 3004

Schedule 3 criteria 3001, 3003 and 3004 apply to an onshore partner applicant who does not hold a substantive visa when the application is lodged. In broad terms, they deal with how long ago the last substantive visa ended, the circumstances in which the applicant became unlawful, and whether the applicant would have been entitled to the visa if they had applied while lawful. The criteria can be waived if there are compelling reasons for not applying them. Our pages on Schedule 3 waivers, the Schedule 3 criteria for partner visas and the Schedule 3 partner visa waiver explain the test.

A partner visa for Italian citizens lodged after the working holiday visa has expired is therefore a harder application than one lodged a week earlier. That is why timing is the first issue in every onshore file.

Section 48 after a refusal or cancellation

Section 48 of the Migration Act 1958 limits onshore applications by a person who does not hold a substantive visa and 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. One of them requires two statutory declarations from Australian citizens, Australian permanent residents or eligible New Zealand citizens, 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. Our article on applying for a partner visa after a visa refusal explains the section 48 position.

An Italian who had a second working holiday visa refused, a student visa refused or a visa cancelled, and who then fell onto a bridging visa, should get advice before lodging a partner visa for Italian citizens. The validity rules are pass or fail.

eVisitor holders and condition 8503

Many Italians first enter Australia on an eVisitor (Subclass 651). An eVisitor does not always carry condition 8503 (No Further Stay), but it can. If condition 8503 applies, the holder cannot make a further substantive visa application in Australia, including a partner visa, unless the condition is first waived. Our articles on applying for a Subclass 820 visa with condition 8503 and on moving from a tourist visa to a partner visa in Australia explain the waiver process.

How to apply onshore for a partner visa for Italian citizens: step by step

The onshore application for a partner visa for Italian citizens follows a set order. Doing the steps out of order is how most avoidable problems arise.

• Check the visa position. Confirm the Italian partner's current visa, its expiry date and its conditions. Check whether condition 8503 applies and whether any visa has been refused or cancelled since the last arrival.
• Confirm the relationship type. Decide whether the application is based on marriage or a de facto relationship, and whether the 12-month de facto requirement is met, or an exception or state registration applies.
• Check the sponsor. Confirm that the sponsor is an Australian citizen, Australian permanent resident or eligible New Zealand citizen, and check the sponsorship limitation and any character issues.
• Order Italian documents early. Request civil status records from the comune and the Certificato del Casellario Giudiziale. Italian processes can take time, especially when the applicant is in Australia.
• Arrange translations. Every document not in English needs an English translation.
• Collect relationship evidence. Gather evidence of the four aspects of the relationship: financial aspects, the nature of the household, social aspects and the nature of the commitment.
• Prepare the relationship statement and Form 888 statements. The couple's own account and the supporting statements from friends and family must be accurate and consistent with the documents.
• Complete the forms. The sponsor completes the sponsorship. The applicant completes the application and, where requested, Form 80.
• Lodge through ImmiAccount and pay the charge. The application is lodged online. Our guide on how to create an ImmiAccount explains the account set-up.
• Complete health and further checks. Health examinations and any police certificates not yet provided are completed when the Department requests them or as planned.

Our partner visa document checklist and the 820 visa guide to requirements, documents and how to apply set out the general process in more detail.

Using a representative

A couple who use a lawyer for a partner visa for Italian citizens appoint that lawyer on Form 956, and the Department then sends correspondence to the representative. The appointment does not move responsibility for the truth of the evidence. The applicant and sponsor remain responsible for what they say.

Italian documents for a partner visa for Italian citizens

The Italian documents in a partner visa for Italian citizens usually include identity documents, civil status records issued by the comune, relationship documents, any divorce records, and a police certificate. The Department may ask for more, and the exact list depends on the couple's facts.

Passport and identity documents

The Italian passport is the main identity document in a partner visa for Italian citizens. The *carta d'identità*, including the electronic identity card, can be provided as secondary identity evidence. Names, dates of birth and places of birth must be the same across every document. Where an Italian applicant uses a second given name in some documents and not in others, the variation should be explained.

Birth and civil status records from the comune

Italian civil status records are kept by the *Ufficio di Stato Civile* of the comune where the event was registered. The common records are the birth certificate or extract, the marriage extract, and certificates such as the family status certificate. Italian citizens living abroad who are registered with AIRE (the register of Italians resident abroad) may have events that happened overseas transcribed into the records of an Italian comune. Some comuni issue multilingual extracts. Whether the Department accepts a multilingual extract without a separate English translation should be checked on the document itself, and a translation should be obtained if any entry is not in English.

Marriage records, including religious marriages

An Italian marriage is proved by the civil record of the marriage, not by a church certificate alone. A Catholic marriage celebrated in Italy with civil effects is transcribed into the civil registers of the comune, and the civil extract is the document to provide. Where a couple had only a religious ceremony that was not transcribed, the marriage may not be a valid marriage for Australian purposes, and the application may need to be made as a de facto relationship. That is a legal question to settle before lodgement.

Separation and divorce records from Italy

Under Italian law, a legal separation (*separazione*) does not end a marriage. Only a divorce ends it. An Italian applicant or sponsor who is separated but not yet divorced is still married. That person cannot validly marry the new partner, and a de facto application must show clearly that the earlier marriage has ended in fact. Divorce records from Italy should be provided where a previous marriage is relevant. The Department assesses the validity of any later marriage under Australian law, and couples with an incomplete Italian divorce should get advice before they marry or lodge.

Apostille

Italy is a party to the Hague Apostille Convention. An apostille is not generally required for documents uploaded with a partner visa for Italian citizens, but it may be needed when an Italian document is used before another authority, and the Department can ask for further verification of any document. Where an apostille is wanted for a Certificato del Casellario Giudiziale, it is requested from the Procura della Repubblica that issued the certificate.

The Certificato del Casellario Giudiziale and other police certificates

The Italian police certificate for a partner visa for Italian citizens is the *Certificato del Casellario Giudiziale*, the criminal record certificate issued by the local Casellario office at a Procura della Repubblica. It is issued in Italian only, so an English translation is needed.

An Italian citizen living in Australia does not apply for it through the Italian consulate. The request is made to a Procura della Repubblica, either directly or through a person in Italy acting under a written delegation. Some Procura offices allow an online request through the Ministry of Justice certificate system, with a delegate collecting the certificate in Italy. A person born outside Italy who has never lived in Italy applies to the Procura della Repubblica at the Tribunale di Roma.

Which countries need a police certificate

The Department's general rule is that a police certificate is needed from each country where the person has lived for 12 months or more in the last 10 years since turning 16. For most Italian applicants that means Italy and Australia. An Italian who also lived in the United Kingdom, Germany or another country for 12 months or more may need a certificate from that country as well. The Department usually tells the applicant when to provide police certificates. Providing them too early can mean they expire before a decision.

The sponsor may also need to provide an Australian police certificate. Sponsors with relevant offences face extra checks, and a sponsor with a criminal history should get advice before the application is lodged.

Character and section 501

Every applicant for a partner visa for Italian citizens must meet the character requirement. A conviction in Italy, including a driving offence, should be disclosed accurately even if it seems minor. A conviction that was not disclosed is far more damaging than the conviction itself.

Italian translations

Every document in a partner visa for Italian citizens that is not in English must be provided with an English translation. Translations made in Australia should be done by a translator accredited by NAATI (the National Accreditation Authority for Translators and Interpreters). Translations made outside Australia must be done by a qualified translator and should state the translator's details.

The translation must match the document. A common problem is a translation of an Italian civil extract that leaves out an annotation, a margin note or a date. An annotation about a separation or divorce can be the most important line on the page. Every annotation should be translated.

Relationship evidence in Italian also needs translation if it is relied on. Messages between the partners, cards from family in Italy and Form 888 statements written by Italian-speaking witnesses should be translated where they are part of the case. A witness who is more comfortable in Italian should not write a Form 888 statement in poor English. It is better for the witness to write accurately and for a translation to be provided.

Evidence for young couples who live in share houses

Young Italian couples in Australia often live in share houses with other housemates, and that is not a barrier to a partner visa for Italian citizens. The question is whether the evidence shows that the two people live as a couple within the shared house, and not only as housemates who rent rooms at the same address.

The Department assesses four aspects of the relationship: the financial aspects, the nature of the household, the social aspects, and the nature of the commitment. Our guides to partner visa evidence, preparing evidence of a genuine relationship and the Subclass 820 evidence checklist explain the general approach.

Financial aspects for working holiday couples

Working holiday couples applying for a partner visa for Italian citizens rarely own property or hold joint loans. That is normal and the Department knows it. Useful financial evidence for a young couple includes a joint bank account, transfers between the partners for rent and bills, shared payments for travel, joint purchases such as a car or a campervan, and either partner being named as a beneficiary or emergency contact. Small, regular, everyday transactions are often more convincing than one large payment made shortly before lodgement.

Nature of the household in a shared house

The household evidence should show that the couple share a room and a domestic life. Useful evidence includes the lease or room agreement with both names, a letter from the head tenant or the landlord confirming that the couple share a room as partners, bond records, shared mail to the same address, and the division of household tasks. Where the couple moved between share houses, hostels and farm accommodation, a timeline of addresses with dates helps the decision maker follow the history.

A statement from a housemate can be valuable. A housemate sees the couple every day and can describe how they live. That statement can be given as a Form 888 statement if the housemate is an Australian citizen or permanent resident who meets the Form 888 requirements.

Social aspects

In a partner visa for Italian citizens, social evidence shows that friends, family and the community see the couple as a couple. For Italian couples this often includes visits to the Italian partner's family in Italy, video calls with family, invitations addressed to both partners, social media that shows the relationship over time, and travel together around Australia. Our articles on Form 888 for partner visas and Form 888 example answers and common mistakes explain how supporting statements work.

Nature of the commitment

The commitment evidence looks at how long the relationship has lasted, the couple's knowledge of each other's circumstances, their plans together, and how they have supported each other through difficulty. A couple who plan their future in Australia together, who have met each other's families, and who stayed together through periods apart for regional work, can show commitment even if the relationship is young.

The relationship statement

A partner visa for Italian citizens has one relationship statement. It is the couple's own account of how they met, how the relationship developed, how they live, and their plans. It should be accurate on dates, especially the date the couple began living together, because that date usually decides whether the 12-month de facto requirement is met. Our guide to the partner visa relationship statement explains what it should cover.

Dual Italian and Australian partners and the partner visa for Italian citizens

A sponsor who holds both Italian and Australian citizenship can sponsor an Italian partner in the same way as any other Australian citizen. Many Australians of Italian descent hold Italian citizenship through their parents or grandparents, and holding it does not affect the right to sponsor.

The position is different when the Italian partner is also an Australian citizen. An Australian citizen does not need a visa to live in Australia, so a partner visa is not needed at all. An Italian partner who may have a claim to Australian citizenship by descent should check that question before applying for a partner visa for Italian citizens, because the answer can change the whole plan.

A couple who are both Italian, where one partner later became an Australian permanent resident, use the same partner pathway, with the permanent resident partner as sponsor.

Health, character and the forms in a partner visa for Italian citizens

A partner visa for Italian citizens requires the applicant to meet the health and character requirements. Health examinations are arranged when the Department requests them or through the Department's health system as part of the application. The character requirement is assessed using the police certificates and the answers in the application and, where requested, Form 80.

Changes after lodgement must be reported. A new address, a new passport, a change in the relationship or a new criminal charge is reported using the correct form, usually Form 1022. If the relationship breaks down after lodgement, the position is explained in our article on what happens to a Subclass 820 application if the relationship breaks down. Where family violence is involved, the special provisions explained on our family violence partner visa page may apply.

Requests from the Department

During processing of a partner visa for Italian citizens, the Department may send a request for more information under section 56 of the Migration Act, or a letter under section 57 inviting comment on adverse information. Both have deadlines. Our articles on section 56 requests and the section 57 natural justice letter explain how to respond. A section 57 letter is often the last chance to correct a problem before a decision.

Processing and the second stage

Processing times change. The Department publishes current times on its website. Our articles on Subclass 820 processing times and on how long the partner visa 820 onshore takes explain how the stages work. The permanent Subclass 801 is usually assessed about two years after the combined application was lodged.

Why a partner visa for Italian citizens is refused, and the 28-day review deadline

A partner visa for Italian citizens is usually refused because the Department is not satisfied that the relationship meets the legal definition, because the 12-month de facto requirement was not met at the time of application, or because an onshore applicant did not meet a Schedule 3 or validity requirement. Other refusals turn on character, health, or information that the Department considers false or misleading.

Common factual patterns in a refused partner visa for Italian citizens include a de facto relationship that was a few weeks short of 12 months when the application was lodged, a share-house arrangement that looked like housemates rather than partners, an application lodged after the working holiday visa expired, a relationship statement with dates that did not match the lease or the bank records, and an earlier visa application that described a different relationship status. Our articles on why partner visas get refused and the most common reasons Subclass 820 visas are refused cover these patterns.

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 (ART) 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. 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 Italian partner is outside Australia, the Australian sponsor applies for review. Our Partner Visa Refusals and Visa Refusals pages, the article on partner visa appeal options and the ART review guide explain the process. A couple who have just received a refusal should seek urgent immigration lawyer advice and read about when a visa appeal lawyer is needed.

What Tribunal decisions show for onshore de facto and timing issues

Tribunal decisions show that the issues most likely to affect a partner visa for Italian citizens, such as the 12-month de facto requirement, shared accommodation, registered relationships, time spent working and travelling, and lodging after the last substantive visa ended, are examined 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 in this article.

• Ho (Migration) [2023] AATA 405, Subclass 820: the reported issues were a Federal Circuit and Family Court remittal, a genuine and continuing relationship, financial pooling, and shared accommodation with other co-tenants.
• Agostin (Migration) [2019] AATA 1108, Subclass 820: the reported issues were that the de facto relationship fell short by 2 months of the 12-month requirement, and the de facto definition.
• Boland (Migration) [2019] AATA 6458, Subclass 820: the reported issues were that a relationship certificate was provided, that the parties were in a de facto relationship for 12 months before visa lodgement, that the relationship was recognised under Australian law, and that additional evidence was provided.
• Lai (Migration) [2019] AATA 5651, Subclass 820: the reported issues were a de facto relationship of at least 12 months and a registered relationship under Victorian state law.
• Varhelyi (Migration) [2024] AATA 320, Subclass 820: the reported issues were a relationship for 12 months before the application was made, international travel and work, considerable documentary evidence and supporting statements, and a member of the family unit child.
• Kaneva (Migration) [2019] AATA 388, Subclass 820: the reported issues were a genuine relationship, a shared life, travelling and living together overseas and in Australia, and managing financial commitments.
• Ryu (Migration) [2026] ARTA 840, Subclass 820: the reported issues were a relationship registered with Births, Deaths and Marriages, the parties residing together first and then living separately, and spending time with each other at both homes.
• 2218816 (Migration) [2026] ARTA 1640, Subclass 820: the reported issues were a genuine and continuing de facto relationship at the time of application, residing together, a registered relationship certificate issued, and a joint bank account.
• 1709170 (Migration) [2019] AATA 5218, Subclass 820: the reported issues were that the applicant did not hold a substantive visa at the time of application and did not apply for a substantive visa within 28 days of the relevant day.

These decisions do not decide any other couple's case. Each turned on its own evidence. What they show is that the 12-month count, share-house living, periods apart and lodging after a visa has ended are issues decision makers take seriously, and that they can be addressed when the evidence is complete and explained properly and on time.

How My Migration Lawyers handles a partner visa for Italian citizens

My Migration Lawyers handles a partner visa for Italian citizens by fixing the timing first: it confirms the Italian partner's visa, its expiry date and its conditions, and works back from that date so that the application is lodged on the right pathway while the applicant still holds a substantive visa wherever that is possible. The firm acts in many onshore partner matters for working holiday makers, students and their Australian partners, deals with complex cases such as expired visas, Schedule 3, condition 8503, section 48, short de facto relationships and incomplete Italian divorces 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 Italian citizens follows a set sequence.

• Visa and timing check. The firm obtains the Italian partner's Australian visa history itself, checks the expiry date and conditions of the working holiday, student or eVisitor visa, and identifies any condition 8503, Schedule 3 or section 48 issue before anything else is planned.
• Relationship type and the 12-month count. The firm advises whether the application should be made as a marriage or a de facto relationship, tests the date the couple began living together against the evidence, and advises whether state registration or another exception is relevant.
• Italian document plan. The firm tells the couple which records to request from the comune, how to request the Certificato del Casellario Giudiziale from a Procura della Repubblica while living in Australia, and which divorce or separation records are needed.
• Translation review. The firm checks that every Italian document has a complete English translation, including annotations and margin notes.
• Evidence review. The relationship statement and Form 888 statements are the couple's and the witnesses' own evidence. The firm reviews them with the lease, bank and travel records, identifies gaps and inconsistencies, and the couple correct and confirm their own words.
• Lodgement and processing. The firm lodges the application through ImmiAccount, confirms the bridging visa position, and handles requests from the Department, including 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 application 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 a partner visa lawyer in Australia. The firm also explains when an immigration lawyer is needed for a partner visa, how legal help compares with doing it yourself, how to choose a partner visa lawyer in Australia, what a fixed-fee quote should include and what happens in an immigration lawyer consultation. 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 Italian citizens and their Australian 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 Italian citizens is lodged at the right time, on the right pathway, with complete Italian documents and evidence that shows a genuine shared life.

Book a Consultation with My Migration Lawyers before the working holiday or student visa ends, or as soon as a problem arises. You can also call 1300 040 300.