Partner Visa Long-Term Relationship

The partner visa long term relationship rule can change how quickly a partner visa applicant becomes a permanent resident of Australia. Where a couple has been together for long enough before they apply, the permanent visa can be granted straight after the temporary visa, instead of years later.

Most couples applying for a partner visa expect a two-stage process. The applicant receives a temporary visa first, and the Department assesses the permanent visa about two years after the application was lodged. The partner visa long term relationship provision is the main exception to that wait. It is set out in the Migration Regulations 1994, it has a clear statutory test, and it is often misunderstood. Couples overestimate how long they have been together, count time that does not qualify, or assume that a long relationship needs less evidence. In fact, a partner visa long term relationship claim usually needs more evidence, not less, because the Department must be satisfied about the whole period.

This guide explains who qualifies, how the relationship period is counted, what must still be proved, the evidence that supports a partner visa long term relationship claim, and what happens if the Department does not accept it. For an overview of every partner visa subclass, see our complete guide to partner visas in Australia.

What is the partner visa long term relationship rule?

The partner visa long term relationship rule is a provision that removes the two-year waiting period before the permanent partner visa can be granted, where the applicant and their sponsoring partner were in a long-term partner relationship at the time the application was made. For onshore applicants, the rule is in subclause 801.221(6A) of Schedule 2 to the Migration Regulations 1994. For offshore applicants, the equivalent rule is in subclause 100.221(5).

The Department's policy for the Subclass 801 visa describes the effect directly. Where the applicant is otherwise eligible for the Subclass 820 visa and satisfies the long-term partner relationship criterion, the decision maker is to assess the Subclass 801 visa immediately after granting the Subclass 820 visa. If the Schedule 2 criteria for the Subclass 801 visa are satisfied, the decision maker should grant the permanent visa.

In practical terms, a successful partner visa long term relationship claim means the applicant can receive both visas on the same occasion, or within a very short time of each other. The applicant does not wait the usual period on a temporary visa before the permanent stage is assessed. Our guide to the difference between the Subclass 820 and the Subclass 801 explains the normal relationship between the two stages.

What the rule does not do

The partner visa long term relationship rule does not create a separate visa, a separate application or a lower standard of proof. The applicant still lodges the ordinary combined partner visa application. The relationship must still be genuine and continuing. Character, health and sponsorship requirements still apply. The rule changes one thing only: the time at which the permanent visa can be granted.

How the two-stage partner visa normally works

The partner visa is normally a two-stage visa, with a temporary visa granted first and a permanent visa assessed later. Onshore, the applicant lodges one combined application for the temporary Subclass 820 visa and the permanent Subclass 801 visa. Offshore, the applicant lodges one combined application for the temporary Subclass 309 visa and the permanent Subclass 100 visa.

Under paragraph 801.221(2)(d), at least two years must have passed since the application was made before the Subclass 801 visa can be granted, subject to the exceptions in the regulations. The Department's policy notes that, in most cases, applicants are not eligible for the Subclass 801 visa until at least two years after they lodged the application. The same structure applies to the Subclass 100 visa under clause 100.221.

That two-year period exists so the Department can see the relationship continue over time before granting permanent residence. The partner visa long term relationship rule reflects a policy judgement that, where the couple had already been together for a substantial period before applying, that further waiting period is not necessary. Our explainers on the Subclass 820 onshore partner visa and the Subclass 820 requirements in full set out the rest of the process.

Other exceptions to the two-year wait

The partner visa long term relationship rule is not the only exception. The regulations also allow the permanent visa to be granted within the two-year period in certain other circumstances, such as where the sponsor has died, or where the relationship has ended and family violence has occurred or there is a child of the relationship for whom the applicant has custody or access rights. Those exceptions are about what happens after the relationship changes. The long-term relationship exception is different, because it depends on the relationship as it stood when the application was made.

Who qualifies for the partner visa long term relationship concession?

An applicant qualifies for the partner visa long term relationship concession if, at the time the application was made, they had been in a relationship with their sponsoring partner for at least three years, or for at least two years where there is a dependent child of both of them. This is the definition of "long-term partner relationship" in regulation 1.03 of the Migration Regulations 1994, as summarised in the Department's policy.

The three-year test

The standard partner visa long term relationship test is a relationship of not less than three years at the date of application. The relationship must be with the person who is sponsoring the applicant. A relationship of three years with a previous partner, or a combined total across different relationships, does not count.

The two-year test where there is a dependent child

The period is reduced to two years where there is a dependent child of both the applicant and the sponsor. The Department's policy states expressly that a step-child does not count. The child must be a child of both partners, and the child must be dependent. A child of only one partner from an earlier relationship, even if the child lives with the couple and is raised by both, does not reduce the period to two years.

Where the two-year test is relied on, the evidence must establish both the length of the relationship and the parentage and dependency of the child. A birth certificate naming both partners is usually the starting point. Where the child was adopted, or where the birth certificate does not name both parents, more evidence is needed.

The relationship must be with the sponsor

The partner visa long term relationship rule refers to the relationship between the applicant and their sponsoring partner. The couple must be either married or in a de facto relationship at the time of application, and the sponsor must be eligible to sponsor. Same-sex couples qualify on exactly the same terms. Our page on the LGBTI partner visa covers issues that sometimes arise in those applications.

When is the length of a partner visa long term relationship measured?

The length of a partner visa long term relationship is measured at the time the visa application is made, not at the time the Department decides it. Both subclause 801.221(6A) and subclause 100.221(5) refer to an applicant who, at the time of making the application, was in a long-term partner relationship with their sponsor.

This has a practical consequence that many couples miss. Time that passes while the application is being processed does not count towards the partner visa long term relationship period. A couple who had been together for two years and eight months when they lodged will not qualify under the three-year test, even if they have been together for four years by the time the Department makes its decision.

Planning the lodgement date

Because the test is fixed at lodgement, the timing of lodgement can matter. Where a couple is close to the three-year mark, and nothing else requires them to lodge immediately, it may be worth considering whether a short delay would allow the partner visa long term relationship test to be met. That decision has to be weighed against other factors. An applicant whose current visa is about to expire, or who holds a visa with conditions that limit future applications, may not be able to wait. Our guide to lodging an onshore partner visa from your current visa explains some of those status issues for visitors, and our page on Schedule 3 waivers explains what happens when an applicant no longer holds a substantive visa.

Delay is not always the right answer. An applicant who becomes unlawful, or who loses the ability to apply onshore, may lose far more than the time saved by the partner visa long term relationship concession. The decision should be made on advice, with the applicant's visa status checked first.

The date the relationship began

If the length is measured at lodgement, the other end of the period is the date the relationship began. That date is the single most important fact in a partner visa long term relationship claim, and it is the fact most often stated without enough thought. The next section explains how it is approached.

How the relationship period is counted for a partner visa long term relationship

The relationship period for a partner visa long term relationship claim is counted from the date the couple's partner relationship began until the date the application was made. The difficulty lies in identifying when the relationship began, and in dealing with any periods apart.

When did the relationship begin?

The relationship generally begins when the couple committed to a shared life together, not when they first met. The partner visa application forms ask separately when the couple first met and when they committed to a shared life to the exclusion of all others. Those dates are often different. A couple may have met at work years earlier, been friends for a long time, or dated casually before the relationship became committed.

For a partner visa long term relationship claim, the date that matters is the date the relationship became the kind of committed relationship the law recognises. The Department will look at the evidence to decide when that was. A claim that a relationship began on the day the couple met, without evidence of commitment from that date, invites scrutiny.

Married and de facto time

Where a couple lived in a de facto relationship before they married, the total period of their committed relationship is generally relevant, not only the period since the wedding. The definition refers to the couple having been in a relationship for the required period. A couple who lived together for two years and then married a year before applying would usually describe a relationship of about three years, supported by evidence of both periods. Our guides to the de facto partner visa and the 12-month rule and to whether you really need 12 months of de facto relationship explain the separate 12-month requirement that applies to some de facto applicants.

The point must be proved, not assumed. The evidence should show that the relationship before the marriage was already a committed partner relationship, and not simply a period of dating.

Periods apart

A period living apart does not automatically break the relationship period, provided the relationship continued and the separation was temporary. The Department's policy on married relationships says that, where parties have been living separately and claim that the separation was not permanent, the decision maker should consider the reasons for the separation and whether they are consistent with a mutual commitment to each other.

Couples are often apart for work, study, family obligations, visa restrictions or travel restrictions. Those periods can form part of a partner visa long term relationship if the evidence shows the relationship continued throughout: regular contact, visits, financial support, shared plans and a consistent account from both partners.

Separation and reconciliation

A genuine separation followed by reconciliation is more difficult. If the couple ended the relationship and later resumed it, the Department may treat the relationship as having restarted at the reconciliation. The period before the separation may then not count towards the partner visa long term relationship test. Whether a break was a true separation or a difficult period within a continuing relationship is a question of fact. It should be addressed honestly and directly in the relationship statement, with evidence, rather than left for the Department to discover.

What still has to be proved in a partner visa long term relationship case?

A partner visa long term relationship case must still prove that the relationship is genuine and continuing, and that the couple have a mutual commitment to a shared life as spouses or de facto partners to the exclusion of all others. The concession changes the timing of the permanent visa. It does not reduce the relationship requirements.

The regulations require the Department to consider all of the circumstances of the relationship, including four aspects: the financial aspects of the relationship, the nature of the household, the social aspects of the relationship, and the nature of the persons' commitment to each other. For married couples these are set out in regulation 1.15A, and for de facto couples in regulation 1.09A. Our guide to partner visa relationship evidence explains what the Department looks for under each aspect.

Why a long relationship needs evidence across the whole period

In an ordinary application, the Department is mainly concerned with whether the relationship is genuine at the time of decision. In a partner visa long term relationship case, the Department must also be satisfied that the relationship existed, as a partner relationship, for the full qualifying period before lodgement. That means the evidence must reach back to the start of the relationship.

A couple who provide strong evidence of the last twelve months, and little or nothing about the earlier years, may satisfy the Department that their relationship is genuine, but not that it is a long-term partner relationship. The application would then proceed in the normal way, and the permanent visa would wait.

The financial aspects

The financial aspects of the relationship include joint ownership of property or major assets, joint liabilities, pooling of financial resources, legal obligations owed by one partner to the other, and how day-to-day household expenses are shared. In a partner visa long term relationship claim, financial evidence is valuable because it is usually dated. A joint bank account opened four years ago, a lease signed three years ago, or a loan taken out together years before lodgement each fixes the relationship to a point in time.

The nature of the household

The nature of the household includes joint responsibility for children, living arrangements and how housework is shared. Evidence that the couple lived at the same address over several years is among the most persuasive evidence of length. Leases, utility accounts, correspondence addressed to both partners and records of changes of address help establish the timeline.

The social aspects

The social aspects include whether the couple present themselves to others as a couple, their joint social activities, and their shared friends and family. Over a long relationship, social evidence often includes photographs across several years, travel together, family events and invitations addressed to both partners. Form 888 supporting statements from people who have known the couple for the whole period are particularly useful in a partner visa long term relationship case.

The nature of the commitment

The nature of the commitment includes the duration of the relationship, the length of time the couple have lived together, the companionship and emotional support they give each other, and whether they see the relationship as long-term. The Department's policy notes that duration is one factor in assessing commitment, considered together with the others. A long relationship is evidence of commitment, but length alone does not prove that the relationship is genuine.

Evidence that proves a partner visa long term relationship

The evidence that proves a partner visa long term relationship is evidence that is dated, consistent and spread across the whole period from the start of the relationship to the date of application. Volume is less important than coverage. A smaller set of documents that covers every year is often more useful than a large set that covers only recent months.

Our articles on preparing evidence of a genuine relationship and the partner visa document checklist explain the general approach. The points below are specific to a partner visa long term relationship claim.

Evidence of the start date

The start date should be supported by evidence created at or near the time, not only by the couple's later account. Useful evidence can include early messages or emails showing the relationship becoming serious, the first lease or shared address, early travel together, introduction to family, and statements from friends or family who knew when the relationship began. Where the couple married after a period of living together, the marriage certificate proves the date of marriage, but not the start of the relationship before it.

Evidence of continuity year by year

A practical way to test a partner visa long term relationship claim is to divide the period into years and ask what evidence exists for each one. Each year should be covered by evidence under more than one of the four aspects. Gaps should be identified before lodgement, not after a request from the Department. Our 820 partner visa evidence checklist can be used as a starting framework.

The relationship statement

The applicant and sponsor each provide a relationship statement. In a partner visa long term relationship case, the statement should give a clear account of how the relationship began, when the couple committed to each other, where they have lived, any periods apart and why, and how the relationship developed over the years. Dates should be consistent with the documents. Our guide to the partner visa relationship statement explains how to structure it.

Form 888 supporting statements

Form 888 supporting statements from Australian citizens or permanent residents who know the couple are important in any partner visa. In a partner visa long term relationship case, the most useful statements come from people who have known the couple as a couple for the whole qualifying period and can say so from their own knowledge. Our guides on who can make a Form 888 and what it should say and on Form 888 example answers and common mistakes explain what makes these statements useful.

Evidence of a dependent child

Where the two-year test is relied on, the application should include the child's birth certificate naming both partners, or adoption documents, and evidence that the child is dependent. Evidence of the couple's joint care of the child, such as school or medical records listing both parents, also supports the household aspect of the relationship.

Identity and personal history documents

The applicant's personal history, including addresses, travel and previous relationships, is set out in the application and, where requested, in Form 80. That history must match the relationship timeline. Our Form 80 guide explains how to complete it accurately.

Common mistakes in partner visa long term relationship claims

The common mistakes in partner visa long term relationship claims are claiming the concession without evidence of the start date, leaving gaps unexplained, contradicting earlier visa applications, counting time after lodgement, and relying on a step-child for the two-year test. Each of these can cause the concession to be refused, and some can create wider problems for the application.

Claiming the concession without evidence of the start date

Many applicants state a start date in the application without any evidence that supports it. If the earliest documents date from much later, the Department may find that the relationship began later than claimed. The result is that the partner visa long term relationship test is not met, even though the couple may genuinely have been together for longer.

Unexplained gaps

A period of months or years with no evidence of the relationship raises questions. The Department may ask whether the relationship existed during that period, or whether there was a separation. Gaps should be explained in the relationship statement and supported by whatever evidence exists, such as records of contact while the couple lived apart.

Inconsistency with earlier visa applications

This is the most serious mistake. The Department holds every visa application the applicant has made. If an earlier visitor, student or other visa application described the applicant as single, or described a different relationship status, at a time when the partner visa long term relationship claim says the couple were already together, the inconsistency will be noticed.

An inconsistency does not automatically defeat the application, but it must be dealt with. It may affect whether the Department accepts the start date, and in some cases it can raise questions under public interest criterion 4020 about false or misleading information. My Migration Lawyers obtains the applicant's visa history from Department records before lodgement, so that any inconsistency is identified and addressed in advance rather than discovered by the Department.

Counting time after lodgement

As explained above, the partner visa long term relationship period is measured at the time of application. Couples sometimes assume that, because they will have been together for three years by the time the Department decides, they qualify. They do not.

Relying on a step-child

The two-year test requires a dependent child of both the applicant and the sponsor. The Department's policy expressly excludes a step-child. A couple who are raising a child from one partner's earlier relationship must meet the three-year test.

Overstating the claim

A partner visa long term relationship claim should never stretch the facts to reach the threshold. An overstated start date that is contradicted by the evidence can damage the credibility of the whole application. Where the couple do not meet the test, the right course is to lodge on the normal basis and present the relationship accurately.

What the Tribunal has looked at in long relationship cases

The Administrative Review Tribunal, and the Administrative Appeals Tribunal before it, has set aside or remitted partner visa refusals in a number of matters where the length and continuity of the relationship were central to the evidence. The decisions below are not decisions about the long-term partner relationship concession itself. They illustrate the kinds of issues the Tribunal has considered when assessing long relationships.

In Harrington (Migration) [2019] AATA 6315, a Subclass 820 matter, the issues included a genuine long-term relationship, a joint asset and liability, a house purchased, and pooled financial resources. In KAUR (Migration) [2019] AATA 3936, also a Subclass 820 matter, the issues included a genuine spousal relationship, seven years of cohabitation, the benefit of oral evidence from the applicant and sponsor separately, and anonymous allegations.

Periods apart have also been considered. In Leow (Migration) [2023] AATA 2645, a Subclass 820 matter, the issues included a work-related separation, a relationship registered before marriage, and a joint bank account. In Dzolev (Migration) [2020] AATA 1512, a Subclass 820 matter remitted from the Federal Circuit Court, the issues included a period of separation where the couple lived separately but continued to see each other. In Harris (Migration) [2018] AATA 4904, the issues included parties who separated and then reconciled, a further partner visa application, and a long distance relationship due to the applicant's work.

Earlier visa applications can also become evidence. In Pham (Migration) [2021] AATA 4350, a Subclass 820 matter, the issue was false or misleading information in a previous visitor visa application, where the applicant had answered "married" but was separated at the time and later divorced, together with the assessment of credible witness evidence. Each of these decisions turned on its own facts. Together they show why a partner visa long term relationship claim must be built on consistent evidence across the whole history of the relationship.

Examples of how the partner visa long term relationship test applies

The partner visa long term relationship test applies the same way in every case: the Department asks how long the couple had been in a committed relationship with each other on the day the application was lodged. The general scenarios below show how that question is answered in common situations. They are illustrations only, and each real case depends on its evidence.

A couple who lived together before marrying

A couple who began living together, shared a lease and a bank account from the start, and married two years later, lodge their application just over three years after they moved in together. Their partner visa long term relationship claim is likely to rest on the whole period since they began living together, not only the year since the wedding. The lease, the joint account and Form 888 supporting statements from people who knew them as a couple from the beginning are the key evidence.

A couple with a child together

A couple who have a child together lodge two years and three months after their relationship began. If the child is a dependent child of both partners, the two-year test may be met. The child's birth certificate naming both parents and evidence of the start of the relationship are both essential. If the child were the sponsor's child from an earlier relationship, the two-year test would not be available.

A couple who spent long periods apart

A couple who have been together for four years spent eighteen months of that time in different countries because of the applicant's employment and visa restrictions. Their partner visa long term relationship claim can still succeed if the evidence shows the relationship continued throughout, such as frequent contact, visits, money transfers and shared plans. The relationship statement should explain why they were apart and how they maintained the relationship.

A couple who are just short of the threshold

A couple who have been together for two years and ten months, with no child, are considering lodging now. On the day of lodgement they do not meet the partner visa long term relationship test, and later time will not count. Whether they should wait two months depends on the applicant's current visa and any other risks. If waiting is safe, it may allow both stages to be decided together. If it is not, lodging on the normal basis is usually the better course.

What happens if the partner visa long term relationship concession is not accepted?

If the Department does not accept the partner visa long term relationship claim, the application generally continues through the normal two-stage process. The applicant can still be granted the temporary Subclass 820 visa if the Subclass 820 criteria are met, and the Subclass 801 visa is then assessed after the two-year period in the ordinary way.

In other words, failing to meet the partner visa long term relationship test is not itself a ground for refusing the partner visa. The concession is an exception to a waiting period, not a separate criterion for the temporary visa. The Department's policy on the Subclass 801 visa also allows a decision maker to refuse a Subclass 801 visa at any time within the two-year period, but that power relates to whether the permanent visa criteria are met, not to whether the concession was claimed.

When a failed claim causes wider damage

The risk lies elsewhere. If the Department rejects the claimed start date because the evidence contradicts it, or because it conflicts with an earlier visa application, that finding may affect the Department's view of the relationship as a whole, or raise integrity concerns. A partner visa long term relationship claim that fails because of an honest lack of early evidence is very different from one that fails because the claimed history is not believed. Our guide to why Subclass 820 partner visas are refused and our article on why partner visas get refused explain the broader risks.

Requests for more information

The Department may ask for more evidence before deciding whether the long-term relationship test is met. A request under section 56 of the Migration Act 1958 should be answered fully and within the time given. Where the Department has adverse information, it may invite comment under the natural justice provisions. Our guides to responding to a section 56 request and to the section 57 natural justice letter for a partner visa explain how to respond.

Character, health and sponsorship requirements still apply

Yes, character, health and sponsorship requirements still apply in full to a partner visa long term relationship application. The concession affects only the waiting period. It does not exempt the applicant from any other criterion for the Subclass 820 visa or the Subclass 801 visa.

Character and health

The Subclass 820 and Subclass 801 criteria require the applicant to satisfy public interest criteria including 4001 (character), 4002 (security), 4003, 4004 (debts to the Commonwealth), 4007 (health) and 4009, and, for applicants aged 18 or over at the time of application, 4019 (the Australian values statement). Public interest criterion 4020, the integrity criterion, also applies to the Subclass 820 visa. Police certificates and health examinations are required as requested. Where both visas are granted close together, the character and health checks for the temporary stage will usually be relied on for the permanent stage, subject to the Department's policy.

Sponsorship

The sponsor must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen, and must be approved as a sponsor. Sponsorship limitations apply, including limits on how many partners a person can sponsor and how soon after a previous sponsorship. A long relationship does not override those limits, although the length of a relationship can be relevant to whether there are compelling circumstances. Our page on partner visa sponsorship limitations and our article on when a sponsor cannot sponsor a partner visa explain those rules.

Changes of circumstances

Applicants must tell the Department about relevant changes of circumstances while the application is being processed, including changes of address, the birth of a child and any change in the relationship. Our guide to Form 1022 change of circumstances explains when a notification is required.

The offshore pathway: Subclass 309 and Subclass 100

The partner visa long term relationship rule also applies to the offshore partner visa, where the permanent Subclass 100 visa can be granted immediately after the temporary Subclass 309 visa. Subclause 100.221(5) provides that the two-year requirement does not apply to a primary applicant who, at the time of making the application, was in a long-term partner relationship with their sponsoring partner.

The definition is the same: at least three years, or at least two years where there is a dependent child of both partners other than a step-child. The evidence required is also the same. The difference lies in the process, because the offshore applicant applies from outside Australia and must generally be outside Australia when the Subclass 309 visa is granted. Our Subclass 309 visa page explains the offshore pathway. Couples who are engaged but not yet married may instead be considering the Subclass 300 Prospective Marriage visa, which is a different visa with its own requirements.

Relationships that began overseas or across borders

A relationship that began overseas, or that has been conducted partly across borders, can qualify for the partner visa long term relationship concession on the same terms as any other relationship. The question is still how long the couple had been in a committed relationship when the application was made, and whether the evidence proves it.

These relationships often raise particular evidence issues. Records may be in another language and need translation. Some couples married in a traditional or religious ceremony before a civil registration, so the official marriage date is later than the true start of the married relationship. Some couples could not live together openly because of family, cultural or legal circumstances in their home country. In each case, the relationship statement should explain the history clearly, and the evidence should be organised so that the Department can follow the timeline from the start.

Travel and contact records

For couples who were apart for part of the relationship, travel records and contact records are often the strongest evidence of continuity. Passport stamps, boarding passes and itineraries show visits. Call logs and message histories show regular contact, although they should be provided as a representative sample rather than in bulk. The applicant's movement records are also held by the Department, and the travel history described in the application must match them.

Applicants already in Australia

Where the applicant is already in Australia, the timing of lodgement interacts with the applicant's current visa. Our guides to Subclass 820 work rights and the Bridging Visa A and to the Bridging Visa B for travel explain what happens after an onshore application is lodged, and our article on applying for a partner visa after a visa refusal explains how an earlier refusal can affect an onshore application.

If the relationship breaks down

If the relationship breaks down before the partner visa is decided, the partner visa long term relationship concession generally cannot help, because the relationship must still be genuine and continuing at the time of decision. A long history before lodgement does not keep the application alive if the relationship has ended.

The regulations contain special provisions where the relationship ends in particular circumstances, including where the sponsor has died, where family violence was committed by the sponsor, or where there is a child of the relationship for whom the applicant has custody or access rights and the sponsor has obligations. Where those provisions apply, the application may continue. Our article on what happens to your Subclass 820 application if the relationship breaks down explains the position, and our page on family violence and partner visas explains the family violence provisions.

A relationship breakdown must be notified to the Department. The sponsor may also withdraw the sponsorship. An applicant in that position should obtain advice promptly, because their options and their visa status may change quickly.

Refusal and review in a partner visa long term relationship matter

Where a partner visa is refused, the applicant may be able to seek merits review in the Administrative Review Tribunal. The deadline for applying for review is short and strictly applied, and the Tribunal cannot accept a late application. The refusal notice states the deadline and whether review is available.

In a review, the Tribunal looks at the matter afresh and can consider new evidence. A partner visa long term relationship history that was poorly documented before the Department can sometimes be presented more fully before the Tribunal, including through oral evidence from the applicant, the sponsor and witnesses. Our guides to partner visa refused appeal options and to what to expect in an ART review explain the process, and our partner visa refusals service page and visa refusals page explain how My Migration Lawyers acts in review matters. Our article on when you need a visa appeal lawyer may also assist.

Where our partner visa long term relationship clients are located

My Migration Lawyers acts for couples making partner visa long term relationship claims throughout Australia, and every consultation is conducted by video. Couples in New South Wales can read about our partner visa lawyers in Sydney and our partner visa lawyers in Parramatta. Couples in Victoria and Queensland can read about our partner visa lawyers in Melbourne, Brisbane and the Gold Coast. We also act through our partner visa lawyers in Perth, Adelaide, Canberra and Hobart. The rules are the same wherever the couple lives.

Choosing who acts on a partner visa long term relationship application

A partner visa long term relationship application benefits from a representative who will test the claimed timeline against the evidence and the applicant's visa history before lodgement. Couples weighing their options can read our articles on when to use an immigration lawyer for a partner visa, a partner visa lawyer compared with doing it yourself, and partner visa lawyer fees and how to choose. Our guides on how to choose a partner visa lawyer in Australia, in Sydney, in Melbourne and in Brisbane set out the questions to ask. Couples who have already lodged can read about hiring an immigration lawyer after lodging your own application or getting a second opinion. Our guide to what an immigration lawyer consultation involves explains what to expect at the first meeting.

How My Migration Lawyers handles partner visa long term relationship applications

My Migration Lawyers deals with complex partner visa matters and acts in many applications where the couple claim a long-term partner relationship so that the permanent visa can be granted without the usual wait. The firm is capable of handling partner visa long term relationship claims involving long histories, periods apart, earlier visa applications, children and relationships that began overseas, and it approaches each claim by establishing the timeline first and the evidence second.

In practice, the firm's work on a partner visa long term relationship application includes:

• Confirming whether the couple meet the three-year test, or the two-year test with a dependent child of both partners, as at the planned date of lodgement, and advising on the timing of lodgement where the couple are close to the threshold.
• Obtaining the applicant's visa history from Department records and VEVO, and checking every earlier visa application for statements about relationship status that could conflict with the claimed start date.
• Identifying the date the committed relationship began and the evidence that supports it, and dividing the qualifying period into years to find and address any gaps.
• Advising on how periods apart, a separation and reconciliation, or a change from a de facto relationship to a marriage affect the partner visa long term relationship period.
• Reviewing the relationship statements and Form 888 supporting statements so that the couple's own account is presented clearly, with dates consistent with the documents.
• Organising the evidence under the four aspects of the relationship, so the Department can see the relationship across the whole period, not only in recent months.
• Managing requests for further information, natural justice letters and Form 1022 notifications through to the grant decision, and advising on review if a refusal occurs.

The firm is led by Weiwei Zhang, Principal Lawyer. Information about how the firm prepares the combined onshore application is on our Subclass 820 visa page, information about the firm's partner visa practice is on our partner visa lawyers page, and more about the firm is on our about page. Consultations are conducted by video, so couples can obtain advice wherever they are in Australia.

If you have been together for several years and want to know whether a partner visa long term relationship claim is available to you, and what evidence will be needed to support it, book a consultation online or call 1300 040 300.