Australian Partner Visa for UK Citizens

Who is eligible for a partner visa for UK citizens?

A British citizen is eligible for a partner visa for UK citizens if they are married to, or in a genuine de facto relationship with, an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen who is willing and able to sponsor them. There is no special visa for British nationals. The partner visa for UK citizens is the same Australian partner visa that every other nationality applies for, assessed under the same law by the Department of Home Affairs.

What makes the partner visa for UK citizens different in practice is the starting point. Most British applicants are already in Australia on a Working Holiday visa (Subclass 417) or an eVisitor visa, and many met their Australian partner while travelling, working or sharing a house. That pattern brings its own eligibility questions: whether the relationship is old enough to count as de facto, whether a UK civil partnership changes anything, what happens if the working holiday visa runs out first, and which UK documents and police certificates the Department expects.

This guide answers those questions in the order they arise. It sets out who is eligible, which pathway fits, how the Working Holiday and visitor visa routes work, how the Department treats a UK civil partnership, the steps to lodge, the UK documents and the ACRO police certificate, the relationship evidence, and what to do if the application is refused. For the full legal framework of partner visas generally, read our complete guide to partner visas in Australia. Couples who want advice on their own facts can speak with our partner visa lawyers.

The three eligibility tests in plain terms

Eligibility for a partner visa for UK citizens comes down to three tests. First, the relationship must be a spouse relationship or a de facto relationship as Australian migration law defines those terms. Second, the relationship must be genuine and continuing, with a mutual commitment to a shared life to the exclusion of all others. Third, the British applicant must meet the health and character requirements and the other public interest criteria, and must make a valid application in the right place at the right time.

The third test is where most avoidable problems arise for British applicants. The relationship may be completely genuine, but an application lodged after a working holiday visa has expired, or a police certificate that was never provided, can still lead to delay or refusal. The Subclass 820 visa guide and our overview of the Subclass 820 visa explain the criteria in more detail.

Who can sponsor a British partner

The Australian partner is the sponsor. The sponsor must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, and must usually be at least 18. A sponsor who has sponsored partners before may be affected by regulation 1.20J of the Migration Regulations 1994, which generally limits a person to sponsoring two partners in a lifetime and requires five years between sponsorships 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 those rules.

Many Australian sponsors of British partners hold British citizenship themselves, through a parent or because they were born in the United Kingdom. Holding dual citizenship does not stop an Australian citizen from sponsoring. What matters for a partner visa for UK citizens is that the sponsor is an Australian citizen, permanent resident or eligible New Zealand citizen on the relevant date.

Married, civil partnership or de facto: which relationship counts?

A partner visa for UK citizens can be based on a marriage or on a de facto relationship, and a UK civil partnership is treated as evidence of a de facto relationship rather than as a marriage. The difference matters because a de facto relationship must usually have existed for at least 12 months immediately before the application is made, while a married couple has no minimum period.

Married couples

A marriage that took place in England, Wales, Scotland or Northern Ireland is generally recognised in Australia if it was valid where it was celebrated and is not a kind of marriage that Australian law refuses to recognise. A marriage in Australia must comply with the Marriage Act 1961, including giving a notice of intended marriage to an authorised celebrant at least one month before the wedding. Australia has recognised same-sex marriages since December 2017, so a same-sex couple married in the United Kingdom is treated as married for a partner visa for UK citizens.

Marriage removes the 12-month rule. It does not remove the need to prove that the relationship is genuine. A couple who marry quickly because a working holiday visa is about to end should expect the Department to look carefully at how the relationship developed.

De facto couples and the 12-month requirement

For a de facto relationship, the couple must generally have been in that relationship for at least 12 months immediately before the application is made. The 12 months runs from the time the relationship became a de facto relationship, which is usually when the couple began living together and sharing their lives, not from the first date. Our articles on the 12-month de facto requirement for a Subclass 820 visa and the de facto partner visa explain how the period is counted.

The 12-month requirement does not apply where there are compelling and compassionate circumstances, such as a child of the relationship, or where the relationship is registered under an Australian state or territory law that is prescribed for this purpose. That second exception is where a UK civil partnership is often misunderstood, and it is explained below.

Same-sex British couples

Same-sex couples are eligible for a partner visa for UK citizens on exactly the same terms as opposite-sex couples, whether they are married, in a UK civil partnership or in an unregistered de facto relationship. Our page on same-sex and LGBTI partner visas explains the position in more detail.

Which partner visa pathway fits a British citizen?

The right partner visa for UK citizens depends mainly on where the British partner is on the day of lodgement and whether the couple are already married or in a de facto relationship. There are three pathways.

• Onshore partner visa. The Subclass 820 onshore partner visa and the permanent Subclass 801 are applied for together by an applicant who is in Australia. This is the pathway most British working holiday makers and visitors use.
• Offshore partner visa. The Subclass 309 offshore partner visa and the permanent Subclass 100 are applied for together by an applicant who is outside Australia, for example in the United Kingdom.
• Prospective marriage visa. The Subclass 300 prospective marriage visa is for a couple who are engaged and intend to marry. The applicant must be outside Australia when it is lodged and when it is granted.

Each pathway is a two-stage process. The temporary visa is assessed first. The permanent visa is usually assessed about two years after the combined application was lodged. Our explainer on Subclass 820 and Subclass 801 and the article on Subclass 820 requirements, cost and processing explain how the stages fit together.

Onshore or offshore for a British applicant

For a British applicant already in Australia on a valid visa, the onshore partner visa for UK citizens is usually the practical choice. The applicant can stay with the Australian partner while the application is processed, usually on a bridging visa that allows work. For a British applicant living in the United Kingdom with an Australian partner, the couple can lodge offshore, or the British partner can travel to Australia on a visitor visa and consider an onshore application if the visa conditions allow it. That choice should be made before travel, not after arrival.

When the couple are living in the United Kingdom, the client of an Australian law firm is usually the Australian partner. The application itself is lodged online through ImmiAccount, so there is no paper application to post from London or Manchester. The Australian partner usually leads the process and lodges the sponsorship.

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, and 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 at the permanent stage. The Department reviews its charges each 1 July. The Department also states a lower charge from 1 July 2026 for eligible Pacific Island and Timor-Leste citizens. That lower charge does not apply to British citizens.

Other costs are extra. They include police certificates, health examinations, any translations and biometrics if requested. Our article on every cost in a Subclass 820 application sets these out. My Migration Lawyers charges its own professional fees as fixed fees under a written costs agreement, separate from the government charge. Our article on fixed-fee immigration lawyers explains how that works.

Can a British backpacker apply for a partner visa on a Working Holiday visa?

Yes. A British citizen who holds a Working Holiday visa (Subclass 417) can generally apply in Australia for a partner visa for UK citizens while the working holiday visa is still in effect. The Subclass 417 is a substantive visa, so a holder who lodges in time does not have to meet the Schedule 3 criteria. Each applicant should still check the conditions on their own grant notice or in VEVO, because conditions are set on each grant.

Working holiday rules that are different for UK passport holders

UK passport holders have more generous working holiday arrangements than many other nationalities. The Department of Home Affairs states that from 1 July 2023 the eligible age for UK applicants for the Working Holiday visa is 18 to 35 years inclusive. It also states that from 1 July 2024 UK passport holders can be granted up to three separate Working Holiday visas without having to meet any specified work requirement.

This matters for a partner visa for UK citizens in two ways. It means a British working holiday maker can often stay in Australia lawfully for longer while the relationship develops, which can help a de facto couple reach the 12-month mark. It also means the couple have a real choice between lodging the partner visa now and waiting on a further working holiday visa. That choice should be made deliberately, with advice, rather than by default.

A British applicant should not take out a further working holiday visa only to buy time if the relationship already qualifies and the applicant intends to stay permanently with the Australian partner. Every visa application asks questions about the applicant's circumstances, and the answers given in one application can later be compared with the answers in the partner visa for UK citizens.

The date that matters most: the last day of the Subclass 417

The single most important date for a British working holiday maker is the day the Subclass 417 ends. A partner visa for UK citizens lodged while the working holiday visa is still in effect is lodged by the holder of a substantive visa. A partner visa lodged after the working holiday visa has ended is lodged by a person who either holds no visa or holds only a bridging visa, and the Schedule 3 criteria then apply.

The practical rule is to plan backwards from the expiry date. A de facto couple who need 12 months of relationship, an ACRO police certificate, police certificates from any other country of residence and their UK civil documents should start preparing several months before the working holiday visa ends. Some evidence can be added after lodgement. The validity requirements and the type of relationship claimed must be right on the day the application is made.

What happens after lodgement: the Bridging Visa A

When a British working holiday maker makes a valid onshore partner application while holding the Subclass 417, the Department usually grants a Bridging Visa A. That bridging visa comes into effect when the working holiday visa ends and keeps the applicant lawful until the partner visa is decided. Our articles on Bridging Visa A and bridging visas in Australia explain how this works.

A Bridging Visa A does not allow re-entry to Australia. A British applicant who wants to fly home for a family event while the partner visa for UK citizens is being processed needs a Bridging Visa B before leaving. Work rights on the bridging visa depend on the visa granted. Our article on working while waiting for a Subclass 820 visa explains the usual position.

British citizens on an eVisitor or ETA: can they apply onshore?

Usually yes, but only if the visitor visa does not carry condition 8503 (No Further Stay) or that condition has been waived. British passport holders commonly visit Australia on an eVisitor (Subclass 651) or an Electronic Travel Authority (Subclass 601). These are substantive visas, so a British visitor who lodges a partner visa for UK citizens while the visitor visa is in effect does not face the Schedule 3 criteria.

Condition 8503 is the critical check. If it appears on the grant, the holder cannot make a further substantive visa application while in Australia unless the condition is first waived, and waivers are only available in narrow circumstances. Our article on the no further stay condition 8503 and the Subclass 820 and the guide to moving from a tourist visa to a partner visa explain the position.

Travelling to Australia with a plan to apply

A British partner who travels to Australia on a visitor visa intending to lodge a partner visa for UK citizens should answer every question in the visitor application truthfully, including questions about the purpose of the visit and the relationship. Visitor visas are for genuine visits. A visitor application that conceals a plan to stay can later be compared with the partner application and can raise questions about whether information given to the Department was false or misleading. The safer course is to get advice on the whole plan before booking the flight.

How does the Department treat a UK civil partnership?

A UK civil partnership is treated as strong evidence of a de facto relationship, but it is not a marriage for Australian partner visa purposes and it is not a relationship registered under an Australian state or territory law. That means a couple in a UK civil partnership apply for a partner visa for UK citizens as de facto partners and must meet the de facto definition, including the 12-month requirement unless an exception applies.

Why the civil partnership does not remove the 12-month rule

The exception to the 12-month rule in subregulation 2.03A(5) of the Migration Regulations 1994 applies only to relationships registered under the state and territory laws listed in the Acts Interpretation (Registered Relationships) Regulations. The Department's policy lists those laws: the relationship registers of New South Wales, Victoria, South Australia and Tasmania, the Queensland civil partnership law and the Australian Capital Territory civil partnership and civil union laws. A civil partnership registered in England, Wales, Scotland or Northern Ireland is not on that list.

The certificate is still valuable. It is formal, public evidence that the couple committed to each other, on a particular date, before a registrar. The Department weighs it alongside all of the other evidence when it decides whether the de facto relationship is genuine and continuing. One of the Tribunal decisions discussed later in this guide records a civil partnership certificate among the reported issues in a remitted Subclass 820 case.

Registering the relationship in an Australian state

A British couple in a de facto relationship of less than 12 months may be able to register their relationship under one of the prescribed Australian state or territory laws. The Department's policy states that subregulation 2.03A(5) does not specify when the relationship must be registered, so an applicant who registers after the application is made but before it is decided is taken to meet the exception. A receipt showing that registration has been applied for is not enough. The relationship must actually be registered.

Each state has its own eligibility rules, including residence rules and waiting periods, so registration is not available to every couple at every time. Registration also does not prove that the relationship is genuine. It only removes the 12-month requirement. For a partner visa for UK citizens where the working holiday visa is about to end and the relationship is under 12 months, state registration can be the difference between a valid strategy and a refusal, so it should be considered early.

Marrying after a civil partnership

Some British couples in a civil partnership later marry. Whether, and how, a civil partnership can be converted into a marriage is a matter of UK law in the part of the United Kingdom where it was registered. For the Australian partner visa, the questions are simply whether the couple are validly married under Australian law on the relevant date or, if not, whether they meet the de facto definition. A couple who are unsure which relationship to claim in their partner visa for UK citizens should get advice before lodging, because the claim drives the evidence and the 12-month question.

Eligibility traps for British applicants already in Australia

The main eligibility traps for a partner visa for UK citizens lodged in Australia are an expired visa, condition 8503 on a visitor visa, and section 48 after a refusal or cancellation. Each one changes what the applicant must prove, and some can make an onshore application impossible or invalid.

Schedule 3 criteria 3001, 3003 and 3004

An applicant who does not hold a substantive visa when the onshore application is made must meet the Schedule 3 criteria. In broad terms, criterion 3001 requires the application to be made within 28 days after the applicant last held a substantive visa, and criteria 3003 and 3004 deal with people who became unlawful or who entered or remained in Australia in breach of the rules. For a partner visa for UK citizens, these criteria can be waived if there are compelling reasons for not applying them.

A British working holiday maker who misses the expiry date by a few weeks may still be within the 28-day window. A person who has been without a visa for longer will need a waiver. Compelling reasons are assessed at the time of decision, and the Department looks at matters such as the length of the relationship, children, the sponsor's circumstances and the hardship of separation. Our Schedule 3 waiver page and the articles on Schedule 3 criteria for partner visas and the Schedule 3 partner visa waiver explain the test.

Section 48 after a refusal or cancellation

Section 48 of the Migration Act 1958 limits the visas that can be applied for in Australia 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 onshore, but extra validity rules apply. The applicant must lodge two statutory declarations from Australian citizens, Australian permanent residents or eligible New Zealand citizens, made no more than 6 weeks before lodgement, under Schedule 1 item 1124B(3)(e)(iii). Form 888 statements do not satisfy that rule.

A British applicant may be surprised to learn that a refused application for another visa, such as a further working holiday visa, a skilled visa or a student visa, can bring section 48 into play. Our guide to a partner visa after a visa refusal and our page on visa cancellations explain the position. My Migration Lawyers obtains and reviews the client's visa history itself before advising on validity.

Steps to apply for a partner visa for UK citizens

The steps to apply for a partner visa for UK citizens are to confirm eligibility and pathway, collect identity, relationship, UK civil and police documents, prepare the relationship statement and supporting statements, lodge the combined application online with the sponsorship, and then respond to the Department's requests until a decision is made. The sequence below applies to the onshore Subclass 820 and Subclass 801 application, which is the route most British applicants use.

• Check the relationship type and timing. Decide whether the couple are claiming a marriage or a de facto relationship, and whether a de facto relationship meets the 12-month requirement or an exception on the planned lodgement date.
• Check the current visa. Confirm the expiry date of the Subclass 417, eVisitor or other visa, any condition 8503, and any refusal or cancellation since the last arrival.
• Set a lodgement date. Choose a date that is safely before the current visa ends and that leaves time to prepare the evidence properly.
• Order the ACRO police certificate. Apply for the UK police certificate, and identify any other country where the applicant has lived for 12 months or more in the last 10 years since turning 16.
• Collect UK civil documents. Gather the passport, birth certificate, marriage or civil partnership certificate and any divorce or dissolution documents.
• Collect relationship evidence. Gather evidence across 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 write their own relationship statement, and friends and family who are Australian citizens or permanent residents give Form 888 statements.
• Create ImmiAccount and lodge. Lodge the combined application online, and the Australian partner lodges the sponsorship. Pay the government charge.
• Complete health and biometric requests. Attend health examinations and give biometrics when the Department asks.
• Keep the Department informed. Report changes of address, relationship status or circumstances using Form 1022, and respond to any request for more information within the time given.

Our partner visa document checklist, the 820 partner visa evidence checklist and the guide on how to create an ImmiAccount give more detail on these steps. The Form 1022 guide to notifying a change of circumstances explains step 10.

Using a representative

A British applicant may appoint a lawyer to act for them. The appointment is made by lodging Form 956 with the Department, which lets the representative correspond with the Department on the applicant's behalf. Our article on Form 956 and Form 956A explains the forms. Couples comparing their options can read about the difference between a partner visa lawyer and doing it yourself and between a migration agent and a lawyer for a partner visa.

How long the process takes

Processing times for a partner visa for UK citizens are the same as for any other nationality and vary with the Department's caseload and the quality of the application. The Department publishes current processing times on its website and updates them regularly. Our articles on how long an onshore partner visa takes and the Subclass 820 processing time explain what affects the timeline.

UK civil documents for a partner visa for UK citizens

The core UK civil documents for a partner visa for UK citizens are the British passport, a birth certificate, a marriage or civil partnership certificate if the couple are married or civil partners, and the final document ending any earlier marriage or civil partnership. The Department asks for clear colour copies of the original documents, uploaded to ImmiAccount.

Where UK certificates come from

In England and Wales, copies of birth, marriage and civil partnership certificates are ordered through the General Register Office. Scotland and Northern Ireland have separate systems: certificates are obtained through National Records of Scotland and through the Northern Ireland government's own service. A British applicant should order a full certificate where one is available, because the full version shows parents' details and other information the Department may use to confirm identity.

Divorce and dissolution documents

A British applicant who was previously married or in a civil partnership must show that the earlier relationship legally ended. For a divorce or dissolution in England or Wales, the relevant document is the final order or, for older cases, the decree absolute. The UK government's own guidance states that a person needs it to prove their marital status. A conditional order or decree nisi is not enough, because it does not end the marriage.

Scotland and Northern Ireland have their own court processes and documents. Whichever part of the United Kingdom granted the divorce, the Department assesses whether the earlier marriage was ended for the purposes of Australian law. An applicant who is unsure whether an earlier divorce was finalised should check before the partner visa for UK citizens is lodged, because a marriage that was entered into while an earlier marriage was still on foot may not be valid.

Apostille through the UK Legalisation Office

The Department does not generally require UK civil documents to be apostilled for a partner visa. It usually asks for clear copies of the originals. An apostille is still sometimes needed for other purposes in Australia, and the UK government's Legalisation Office attaches apostilles to UK public documents such as birth, marriage and death certificates issued by public registries and documents bearing a court seal. The UK service only legalises documents issued in the United Kingdom. A British applicant who has been asked for an apostille should check exactly who has asked for it and why, rather than legalising every document in advance.

Name changes and identity consistency

British applicants who have changed their name, for example on marriage or by deed poll, should provide evidence of the change. The Department compares names, dates of birth and places of birth across the passport, the certificates, the police certificates and the forms. Small inconsistencies in a partner visa for UK citizens are usually easy to explain if they are explained up front. They are harder to deal with when the Department finds them first.

The ACRO police certificate and other police checks

The UK police certificate for a partner visa for UK citizens is issued by ACRO Criminal Records Office. The UK government's guidance states that ACRO issues police certificates to people who want to emigrate or who have been required to produce a police certificate, and that the certificate details whether or not the applicant has a criminal record in the United Kingdom. The Northern Ireland government's guidance also directs people applying for visas to countries including Australia to obtain a police certificate from ACRO.

Which countries need a police certificate

As a general rule, the Department requires police certificates from each country where the applicant has lived for a total of 12 months or more in the last 10 years since turning 16. For many British applicants, that means the United Kingdom and Australia. It can also mean Canada, New Zealand, the United States or another country where the applicant worked or studied before coming to Australia. An Australian national police certificate covers time spent in Australia.

Police certificates have a limited life for visa purposes, and the Department may ask for a new one if a certificate is too old by the time of decision. A partner visa for UK citizens should be planned so that the police certificates are current at lodgement or can be provided promptly when requested. Our Form 80 guide explains the personal particulars form that often accompanies character checks.

Disclosing cautions, convictions and driving offences

The partner application asks questions about criminal history in every country. British applicants sometimes assume that an old caution, a fixed penalty or a spent conviction does not need to be mentioned. The safer course is to answer each question exactly as it is asked, read carefully, and get advice where the answer is unclear. A failure to disclose something that later appears on a police certificate can raise questions about whether false or misleading information was given, which can be more serious than the original matter.

Where an applicant has a criminal record, the character test in section 501 of the Migration Act 1958 and the relevant public interest criteria may need to be addressed. A record does not automatically mean refusal, but it requires careful handling and a full explanation. Our page on visa refusals explains how character decisions can be challenged.

Who else must provide police certificates

The Australian sponsor may also be asked for an Australian police certificate as part of the sponsorship assessment, particularly where there are children in the household. Our article on why partner visas get refused explains how sponsor issues can affect an application.

Relationship evidence for British and Australian couples

Relationship evidence for a partner visa for UK citizens must show a genuine and continuing relationship across the four aspects the Department assesses: the financial aspects of the relationship, the nature of the household, the social aspects of the relationship and the nature of the commitment. British and Australian couples often have patterns of evidence that need to be presented with care, especially when the relationship began while one partner was travelling.

Financial aspects

Financial evidence for a British applicant often spans two countries. It can include joint Australian bank accounts, shared rent and bills, money transfers between UK and Australian accounts, joint savings for travel, and shared responsibility for debts or major purchases. A couple who still keep separate UK and Australian accounts can explain how they actually share expenses. The Department is looking for financial interdependence, not a particular type of account.

Nature of the household

Household evidence can include a joint lease, shared utility bills, correspondence to the same address, and evidence of how the couple divide household tasks. Many British working holiday makers lived in share houses, hostels or regional accommodation before settling with their partner. That history is normal and can be explained. The evidence should show when the couple began living together as a couple, because that date is central to the 12-month question for a de facto partner visa for UK citizens.

Social aspects

Social evidence shows that the couple present themselves to others as a couple. It can include invitations addressed to both partners, photographs over time with family and friends in Australia and the United Kingdom, travel together, and joint membership of clubs or sports teams. Evidence that the Australian partner has met the British partner's family, in person or by video, is useful. So is evidence that the couple have told family and friends about their plans to live together in Australia.

Nature of the commitment

Commitment evidence shows the couple's intention to share their lives permanently. It can include the length of the relationship, time spent together and apart, how the couple supported each other through difficult times, wills or superannuation nominations, and plans for the future. Our articles on relationship evidence for a partner visa and preparing evidence of a genuine relationship explain what helps.

Time apart and long-distance periods

Many British and Australian couples spend months apart, for example while one partner returns to the United Kingdom to finish work, see family or wait for a new visa. Time apart does not end a de facto relationship if the separation is temporary and the couple intend to live together. The evidence for a partner visa for UK citizens should explain where each partner was, why, how they stayed in contact and when they reunited. Messaging records, call logs and flight bookings are useful for that purpose.

The relationship statement and Form 888 statements

A partner visa has one relationship statement. It is the couple's own account of how they met, how the relationship developed, how they live now and what they plan for the future. Our guide to the partner visa relationship statement explains what it should cover. Supporting statements from friends and family are given on Form 888. They must be made by Australian citizens or Australian permanent residents, and they are the witnesses' own evidence. Our guides to Form 888 and Form 888 examples and common mistakes explain how they work.

Family members in the United Kingdom who are not Australian citizens or permanent residents cannot give Form 888 statements, but they can still give other letters or statements about the relationship. Those documents are given less formal weight, but they can still help a partner visa for UK citizens where the relationship has a strong British family dimension.

Health examinations, Medicare and the UK reciprocal agreement

A British applicant for a partner visa for UK citizens must meet the health requirement, which usually means attending health examinations with a panel physician when the Department asks. The examinations are arranged through ImmiAccount after lodgement, and the cost is extra to the government charge.

Australia has a reciprocal health care agreement with the United Kingdom, and Services Australia publishes information for visitors from the United Kingdom about it. Medicare eligibility for a partner visa applicant is a separate question that depends on the application lodged and the person's circumstances. It should be checked directly with Services Australia rather than assumed. These matters do not change eligibility for the partner visa itself.

When the British partner lives in the United Kingdom: steps for the Australian sponsor

When the British partner lives in the United Kingdom, the usual partner visa for UK citizens is the offshore Subclass 309 and Subclass 100, and the Australian partner usually leads the process as sponsor. The application is lodged online, so the couple do not need to post documents to an Australian office in London.

The steps are much the same as onshore, with three differences. First, the British applicant must be outside Australia when the Subclass 309 is lodged and when it is granted. Second, the applicant cannot rely on a bridging visa to stay in Australia while the application is processed, although they may be able to visit on a visitor visa if one is granted. Third, if the Subclass 309 is refused while the applicant is outside Australia, it is the Australian sponsor, not the applicant, who applies to the Tribunal for review under subsection 338(5) of the Migration Act 1958.

An Australian partner who is living in the United Kingdom with a British partner can still be a sponsor, provided they meet the sponsorship requirements. The couple should think about where they will live after grant and how they will show that they intend to live together in Australia. Our page on the Subclass 309 offshore partner visa explains the offshore pathway in more detail.

What happens if a partner visa for UK citizens is refused?

If a partner visa for UK citizens is refused, the decision can usually be reviewed by the Administrative Review Tribunal, but the application for review must be made within 28 days after the day the applicant is notified of the decision. Under subsection 347(3) of the Migration Act 1958, that period cannot be extended. A late application is not properly made, and the Tribunal has no power to hear it.

Who applies for review

For an onshore Subclass 820 and Subclass 801 refusal, the British applicant applies for review and must be in Australia when the review application is made. For an offshore Subclass 309 refusal where the applicant is outside Australia, the Australian sponsor applies for review. Our articles on partner visa refusal and appeal options and what to expect after a refusal at the ART explain the process.

The Tribunal fee as at October 2026

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. The fee must be paid before the review deadline. A 50% fee reduction may be granted for financial hardship. If the Tribunal sets aside or varies the decision, or remits the matter to the Department, it refunds 50% of the fee paid.

Common reasons for refusal

Common refusal grounds for a partner visa for UK citizens include a de facto relationship that did not meet the 12-month requirement on the day of application, Schedule 3 criteria that were not met or waived, missing police certificates, and relationship evidence that did not persuade the decision maker that the relationship was genuine. Before refusing, the Department may send a letter inviting comment on adverse information. Our articles on the section 57 natural justice letter, requests for more information and why Subclass 820 visas are refused explain how to respond. Our Partner Visa Refusals page explains how My Migration Lawyers acts on refused applications, and the guide to when you need a visa appeal lawyer explains the review stage.

If the relationship ends or there is family violence

If the relationship ends before the partner visa is decided, the application will usually be refused unless an exception applies, such as family violence by the sponsor or the death of the sponsor. Our article on Subclass 820 relationship breakdown and our family violence partner visa page explain the position. A British applicant in that situation should get advice before telling the Department, so that the notice is given correctly.

What Tribunal decisions show about partner visa eligibility issues

Tribunal decisions show that the eligibility issues British applicants commonly face, including civil partnerships, registered relationships, the 12-month rule, late applications after a visa ends, overseas residence and police certificates, regularly arise in partner visa reviews. In each decision listed below, the Tribunal remitted the matter, which means it sent the matter back to the Department to reconsider with the Tribunal's findings. 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 that any party was British.

• Wong (Migration) [2020] AATA 335, Subclass 820: the reported issues were a de facto relationship and a civil partnership certificate provided.
• Lai (Migration) [2019] AATA 5651, Subclass 820: the reported issues were a de facto relationship of at least 12 months and a relationship registered under Victorian state law.
• Boland (Migration) [2019] AATA 6458, Subclass 820: the reported issues were a relationship certificate provided, the parties being in a de facto relationship for 12 months before visa lodgement, the relationship being recognised under Australian law, and additional evidence provided.
• 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.
• Zheng (Migration) [2021] AATA 4400, Subclass 820: the reported issues were a Federal Court remittal, an application made more than 28 days after the last substantive visa was held, and compelling reasons for not applying the criteria.
• 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, the couple having travelled and lived together overseas and in Australia, and managing financial commitments.
• Burns (Migration) [2022] AATA 1657, Subclass 309: the reported issues were incorrect information in the visa application, countries of previous residence, compelling or compassionate circumstances, and children born of the relationship.
• Fouracres (Migration) [2024] AATA 61, Subclass 820: the reported issues were criminal history, an AFP certificate that expired before the visa was finalised, a new certificate provided to the Tribunal, and a decision made without a hearing being necessary.
• Cooperstein (Migration) [2018] AATA 2436, Subclass 820: the reported issues were a police clearance certificate not provided to the Department and a police clearance certificate subsequently provided to the Tribunal.

These decisions show the kinds of issues that arise. They do not show that any particular partner visa for UK citizens will be remitted, and each case turned on its own evidence. They do show why the 12-month question, the timing of lodgement, the countries of residence declared and the currency of police certificates deserve attention before lodgement rather than at review. Review deadlines are short and strictly applied, so an applicant who receives a refusal should act straight away.

How My Migration Lawyers handles a partner visa for UK citizens

My Migration Lawyers handles a partner visa for UK citizens by fixing the eligibility position and the lodgement date first, then building the application around the British applicant's visa, documents and relationship history. The firm acts in many partner visa matters for British applicants who are working holiday makers or visitors, deals with complex cases such as expired visas, Schedule 3 waivers, civil partnerships and short de facto relationships, and is capable of handling the matter from first advice to grant or review.

On a partner visa for UK citizens, the work usually follows this sequence.

• Eligibility and pathway advice. The firm confirms whether the couple should claim a marriage or a de facto relationship, whether the 12-month requirement is met or an exception applies, whether a UK civil partnership or an Australian state registration is relevant, and whether onshore or offshore lodgement fits.
• Visa history check. The firm obtains and reviews the British applicant's visa history itself, including every Subclass 417 grant, eVisitor or ETA, any condition 8503, and any refusal or cancellation, so that Schedule 3 and section 48 are identified before lodgement.
• Lodgement date. The firm sets a lodgement date that is safely before the working holiday or visitor visa ends and works backwards from it.
• Document plan. The firm lists the UK civil documents, the ACRO police certificate and any other police certificates the applicant needs, based on the countries where the applicant has lived.
• Evidence review. The relationship statement and the Form 888 statements are the couple's and the witnesses' own evidence. The firm reviews them against the forms and the documents, identifies gaps and inconsistencies, and the couple and witnesses correct and confirm their own words.
• Lodgement and sponsorship. The firm lodges the combined application and supports the Australian partner with the sponsorship, then manages health, biometrics and Department requests.
• Refusal response. If adverse information or a refusal arises, the firm advises on the response, the 28-day review deadline, who must apply and the Tribunal fee.

Weiwei Zhang, Principal Lawyer, leads the firm's partner visa practice. You can read more about My Migration Lawyers, learn about Weiwei Zhang, and see how the firm approaches matters as partner visa lawyers in Australia. The firm also explains when an immigration lawyer is needed for a partner visa, how to choose a partner visa lawyer in Australia and what happens in an immigration lawyer consultation.

Consultations are held by video, and My Migration Lawyers acts for couples 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 also acts as immigration lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta.

If a British working holiday maker or visitor is planning a partner visa for UK citizens, the time to get advice is before the current visa ends, not after. If an application has already been lodged, the firm can also review it, and our article on hiring an immigration lawyer after lodgement explains how that works. The firm cannot promise any outcome, but it can make sure the application lodged is the application the law requires.

Book a Consultation with My Migration Lawyers to have your eligibility, lodgement date and documents for a partner visa for UK citizens reviewed. You can also call 1300 040 300.