Key Takeaways
- A partner visa home loan is an ordinary home loan taken out by a couple where one partner is applying for, or holds, a partner visa. Whether a lender approves it depends on that lender's own policy for the applicant's visa status. My Migration Lawyers gives no lending, credit, tax or conveyancing advice.
- Visa status changes during the process. An applicant may first hold a bridging visa, then the temporary Subclass 820, and becomes a permanent resident only on the day the Subclass 801 is granted.
- Since 1 April 2025, foreign persons, including temporary residents, are temporarily banned from buying established dwellings in Australia unless an exception applies. Buyers must confirm their position with the Foreign Investment Review Board and their conveyancer before signing anything.
- A joint mortgage, joint loan documents and a property held in both names are listed by the Department of Home Affairs as financial evidence of a relationship. How the property is bought and titled affects how strong that evidence is.
- A move into a new home must be reported to the Department with Form 1022, and every address, date and ownership detail must match across the relationship statement, the application and the property documents.
- Proof of visa status for a lender should come from official records such as VEVO and the grant letter. Visa status must never be misdescribed to a lender or to the Department.
A partner visa home loan raises questions that sit across two areas of law: lending and migration. Couples ask whether a lender will approve a partner visa home loan, which visa status the lender will look at, and whether buying a home together will help or harm the partner visa itself. This guide answers the migration law side of those questions.
My Migration Lawyers is a migration law firm. The firm does not give lending, credit, tax, financial or conveyancing advice. It does not recommend lenders, interest rates, deposits or loan products. What the firm does advise on is the visa status that a partner visa home loan application will depend on, the foreign investment rules that turn on visa status, and how a mortgage and a jointly owned home fit into the evidence for an Australian partner visa.
This article focuses on the onshore Subclass 820 and Subclass 801 partner visa, because that is where most partner visa home loan questions arise. Couples who are still choosing the right pathway should start with the firm's complete guide to partner visas in Australia, which explains every subclass in the partner visa family.
What is a partner visa home loan?
A partner visa home loan is not a special loan product. It is the name couples use for an ordinary home loan where one partner is applying for, or holds, an Australian partner visa. The loan itself is governed by the lender's credit rules. The visa status of the borrower is one of the facts the lender considers.
Two separate questions therefore arise in every partner visa home loan.
- The lending question. Will a lender lend to a borrower with this visa status, on what terms, and with what deposit? Only a licensed credit provider or a licensed broker can answer that. My Migration Lawyers does not answer it.
- The migration question. What is the borrower's visa status today, when will it change, can the couple lawfully buy the property they want, and how will the purchase affect the partner visa evidence? These are questions of migration law, and they are the questions this article covers.
Couples sometimes treat the two questions as one. That causes problems. A lender may describe the applicant's status loosely, for example as "on a partner visa", when the applicant in fact holds only a bridging visa. A couple may buy in a way that suits the lender but weakens the relationship evidence. Keeping the two questions separate, and getting the right advice on each, is the safest way to approach a partner visa home loan.
Does visa status affect a partner visa home loan?
Yes. Visa status affects a partner visa home loan because each lender sets its own policy for borrowers who are not Australian citizens or permanent residents, including temporary visa holders.
There is no single migration law rule that tells a lender what to do. The lender's policy is a commercial decision. My Migration Lawyers cannot predict how any particular lender will treat a particular visa, and it does not attempt to. Couples should take that question to a licensed credit provider or broker.
What the firm can do is make sure the couple knows the borrower's exact visa status, how and when that status will change, and what official documents prove it. A partner visa home loan application that rests on an accurate description of visa status is far less likely to cause trouble later, either with the lender or with the Department of Home Affairs.
The visa status of the partner visa applicant usually moves through three stages. Each stage is explained below. The firm's guide to Subclass 820 vs Subclass 801 sets out the two-stage structure in more detail, and the article on the Subclass 820 onshore partner visa explains the first stage.
Bridging visa, Subclass 820 and Subclass 801: the three statuses behind a partner visa home loan
The status a lender sees depends on where the partner visa application is up to. The three statuses are a bridging visa while the application is processed, the temporary Subclass 820 once it is granted, and the permanent Subclass 801 once the second stage is granted.
Holding a bridging visa while the application is processed
Most onshore applicants who held a valid substantive visa when they applied are granted a Bridging visa A. That bridging visa does not start straight away. It comes into effect only if the applicant's current substantive visa expires before the partner visa is decided.
This matters for a partner visa home loan. An applicant who still holds a student visa or a work visa is, for that period, still the holder of that visa. Once that visa expires, the Bridging visa A takes effect. A bridging visa is a temporary status that keeps the applicant lawful while the application is processed. It is not the partner visa itself.
The firm's guides to bridging visas in Australia, the Bridging visa A and working while waiting for a Subclass 820 visa explain what a bridging visa allows. Applicants who need to travel overseas during this period should read about the Bridging visa B before booking anything.
Some applicants did not hold a substantive visa when they applied. They may hold a bridging visa connected to another application, or no visa at all. A bridging visa is not a substantive visa. These applicants must generally satisfy the Schedule 3 criteria unless there are compelling reasons not to apply them. The firm's Schedule 3 waiver service and its article on the Schedule 3 partner visa waiver explain that position. A partner visa home loan should not be the first priority for a couple in that situation. Securing a valid and grantable application comes first.
Holding the temporary Subclass 820
The Subclass 820 is a temporary visa. It allows the holder to live, work and study in Australia, to travel to and from Australia as many times as they want, and to apply for access to Medicare. It gives full work rights. It does not make the holder a permanent resident.
For a partner visa home loan, a lender is therefore dealing with a temporary resident when the applicant holds the Subclass 820. The applicant's income may be stable and their relationship may be long, but their status remains temporary until the Subclass 801 is granted.
One rule is critical. A Subclass 820 holder should not apply for or obtain another visa while waiting for the Subclass 801. Getting any other visa ends eligibility for the permanent stage. New Zealand citizens on a Subclass 820 must tell the border officer on return to Australia that they do not want a Special Category visa, because the grant of a Subclass 444 overrides the Subclass 820 and ends eligibility for the Subclass 801. No partner visa home loan, lender requirement or property deadline is worth losing the permanent stage.
Holding the permanent Subclass 801
The Subclass 801 is the permanent partner visa. The holder becomes a permanent resident from the day the Subclass 801 is granted. That date is the start of permanent residence for migration purposes, and it is also the date from which the permanent visa component of the citizenship residence requirement starts to run.
The applicant becomes eligible to be assessed for the Subclass 801 two years after the combined Subclass 820 and Subclass 801 application was lodged. The Department calls this the date of eligibility. In some cases the Subclass 801 may be granted earlier, for example where the couple were already in a long-term partner relationship at the time of application.
Some couples plan a partner visa home loan around the Subclass 801 grant. That is a lending and financial decision for the couple. The migration law point is simple: the applicant is a permanent resident only once the Subclass 801 is actually granted. Lodging the second-stage documents, or reaching the date of eligibility, does not change the applicant's status. The firm's article on how long an onshore Subclass 820 partner visa takes explains why couples should never assume a grant date.
How do you prove your visa status for a partner visa home loan?
You prove your visa status for a partner visa home loan with official records from the Department of Home Affairs, not with a description written by you, your sponsor or anyone else. The main records are a VEVO check, the visa grant letter and the details shown in ImmiAccount.
Australian visas are issued digitally. There is usually no visa label in the passport. The documents that prove status are therefore electronic.
- VEVO. Visa Entitlement Verification Online shows the visa the person currently holds, its grant date and its conditions. It shows the visa that is in effect today. For an applicant whose Bridging visa A has not yet started, VEVO shows the substantive visa they still hold.
- The grant letter. Each visa grant produces a grant notice. The Subclass 820 grant letter and, later, the Subclass 801 grant letter are the clearest records of when each status began.
- ImmiAccount. The application record in ImmiAccount shows that a partner visa application has been lodged and is being processed. The firm's guide on how to create an ImmiAccount explains how to access it.
A lender may ask for one or more of these records. What the lender accepts is the lender's decision. The applicant should provide the record that accurately shows their status, and should not provide an older record that suggests a status they no longer hold.
Never misdescribe your visa status to a lender or the Department
Visa status must be described accurately, both in a partner visa home loan application and in the partner visa application itself. A bridging visa holder should not be described as a partner visa holder. A Subclass 820 holder should not be described as a permanent resident. An application that has been lodged is not an application that has been granted.
The two sets of documents can later meet. The couple may give the mortgage documents to the Department as relationship evidence. If the loan application describes the applicant's status, income, address or relationship in a way that conflicts with the partner visa application, the Department will notice. Inconsistent information can lead to requests for further information and, in some cases, refusal, as the firm's article on why Subclass 820 partner visas are refused explains.
If an incorrect answer has already been given to the Department, it should be corrected with Form 1023. If circumstances have changed, Form 1022 is used. The difference is explained in the firm's article on Form 1022 change of circumstances. Couples unsure how their status should be described can ask the firm's partner visa lawyers before the partner visa home loan application goes in.
Partner visa home loan timing and the cost of the visa application
Partner visa home loan timing often clashes with the cost of the partner visa itself. The visa application charge is paid once at lodgement and covers both the Subclass 820 and the Subclass 801. It is a significant amount, and the Department will not process the application if the correct charge is not paid. The firm's article on what a Subclass 820 partner visa costs sets out the government charges.
Couples should also allow for health examinations, police certificates and biometrics, which are separate costs. A partner visa home loan should never be planned on the assumption that the visa application can be lodged later with money left over. Lodging the application on time, with the correct charge, protects the applicant's lawful status. For applicants whose current visa is about to expire, the timing of lodgement can decide whether they are lawful at all.
Applicants whose current visa carries condition 8503 face an additional hurdle, because they cannot apply for a partner visa in Australia unless a waiver is granted first. The firm's article on applying for a Subclass 820 visa with a No Further Stay condition explains the waiver. The full requirements for the onshore visa are set out in the Subclass 820 partner visa guide.
Can temporary residents buy an established home? Foreign investment rules and a partner visa home loan
No, not as a general rule. From 1 April 2025, foreign persons, including temporary residents and foreign-owned companies, are temporarily banned from buying established dwellings in Australia unless an exception applies. A partner visa applicant who holds a bridging visa or the Subclass 820 is a temporary resident for this purpose.
This rule sits outside migration law. It is administered under Australia's foreign investment framework, with guidance published by the Foreign Investment Review Board (FIRB). It affects any partner visa home loan where the property is an established home, meaning a home that is not newly built. A lender's approval does not answer the foreign investment question. A partner visa home loan can be approved by a lender and the purchase can still be prohibited.
My Migration Lawyers does not give foreign investment advice. Every couple should confirm their position with FIRB and with their conveyancer or property lawyer before signing a contract. What the firm can do is confirm the applicant's exact visa status at the relevant date, because the foreign investment rules turn on that status.
The joint tenants exemption for a citizen or permanent resident spouse
FIRB guidance has long recognised an exemption for a foreign person who buys residential property as joint tenants with their spouse, where that spouse is an Australian citizen, a New Zealand citizen or an Australian permanent resident. The exemption does not apply where the property is bought as tenants in common.
The difference between the two forms of ownership is important.
- Joint tenants, in general terms, own the whole property together. If one dies, the other automatically takes the whole property.
- Tenants in common each own a separate share. Each share can be left by will to someone else.
The guidance setting out this exemption was last updated some years ago, and it must be read with the temporary ban on established dwellings. Whether the exemption applies to a particular purchase, and how it interacts with the ban, are questions for FIRB and the couple's conveyancer. Couples should not rely on a general article, including this one, for that answer.
New dwellings
The temporary ban applies to established dwellings. FIRB guidance also recognises that a new dwelling bought from a developer who holds an exemption certificate is exempt. Whether a particular property falls within that category is again a question for FIRB and the conveyancer. Many couples planning a partner visa home loan look at new dwellings for this reason. The decision belongs to the couple and their property advisers.
After the Subclass 801 is granted
Australian permanent residents who are ordinarily resident in Australia are generally not treated as foreign persons for foreign investment purposes. Once the Subclass 801 is granted, the applicant's position may therefore change. The applicant should still confirm the position with FIRB before relying on it, because the rules contain detailed tests.
A partner visa home loan planned around the Subclass 801 grant needs an accurate grant date. Until the grant letter is issued, the applicant remains a temporary resident.
How a joint mortgage works as partner visa evidence
A joint mortgage is one of the strongest forms of financial evidence for a partner visa. The Department of Home Affairs lists a joint mortgage or lease, and joint loans for major assets such as homes, as evidence of the financial aspects of a relationship.
The Department assesses four aspects of every partner relationship: the financial aspects, the nature of the household, the social aspects, and the nature of the couple's commitment to each other. A partner visa home loan can provide evidence for more than one of these at the same time.
- Financial aspects. A joint loan shows that the couple have taken on a large and long-term financial obligation together. Shared repayments from a joint account show that they meet that obligation together.
- Nature of the household. A home owned and occupied together shows where the couple live. Rates notices, utility bills and mail addressed to both of them at the property support the living arrangements.
- Commitment. A long-term loan, a property bought together and plans for the home are evidence of a commitment to a shared future. The terms of wills that deal with the property can also be relevant.
The firm's guides to partner visa relationship evidence and to preparing evidence of a genuine relationship explain how all four aspects are proved. A partner visa home loan is useful evidence, but it is never the whole case. A couple with a joint mortgage and nothing else is not in a strong position.
Which mortgage and property documents to give the Department
The documents from a partner visa home loan that are most useful as relationship evidence are usually these.
- The loan contract or loan offer showing both partners as borrowers.
- The contract of sale showing both partners as purchasers.
- The title search or settlement documents showing how the property is held.
- Loan statements showing repayments over time from a joint account or from both partners.
- Rates notices, insurance documents and utility bills for the property in both names.
- Correspondence from the lender addressed to both partners at the property.
Each document should be clearly labelled and attached only once. The Department allows up to 100 documents per person in ImmiAccount, so selection matters. Documents should be uploaded in colour. Documents in a language other than English need an English translation, and translations made in Australia should be by a NAATI accredited translator. The firm's partner visa document checklist and the evidence checklist for an 820 partner visa explain how financial documents sit with the rest of the evidence.
Sensitive information in loan documents, such as full account numbers, does not normally need to be shown in full to prove the relationship point. The couple should check what each document is being used to prove before uploading it.
Explaining the home purchase in the relationship statement
The couple's relationship statement should explain the purchase in their own words. When did they decide to buy? Why did they choose this property? Who contributed what? How do they share the repayments and the household costs? What do they plan for the home?
There is one relationship statement. It is the couple's own account, written by them and checked by them. A partner visa home loan should appear in it as part of the relationship history, not as a separate document. The firm's guide to the partner visa relationship statement explains how that history is set out.
Friends and family who know the couple can also mention the home in their Form 888 statements, for example if they helped the couple move in or visit them there. Form 888 statements are supporting witness statements from people aged 18 or over. The firm's articles on what a Form 888 should say and Form 888 examples and common mistakes explain what witnesses should include.
Partner visa home loan risks for your relationship evidence
A partner visa home loan helps the relationship evidence most when both partners borrow, both own and both live in the property. Several common arrangements weaken that evidence or create questions the Department may ask. None of them is unlawful in itself, but each one needs to be explained.
Buying in one name only
Some couples buy in one partner's name only. This is often driven by the lender's policy on temporary visa holders or by the foreign investment rules. It is a lending and property decision, and it can be perfectly sensible.
For the partner visa, however, a property in one name is weaker financial evidence than a property in both names. The Department may ask why the applicant is not on the title or the loan. The couple should be ready to explain the reason, and to show how the applicant contributes to the household in other ways, for example by paying household bills, contributing to repayments through a joint account, or paying for renovations or furniture. That explanation belongs in the relationship statement.
Buying as tenants in common
Buying as tenants in common means each partner holds a separate share. Couples sometimes choose it for tax, estate or family reasons, or because they contribute unequal amounts. It can also affect the foreign investment exemption, which applies to joint tenants and not to tenants in common.
For the partner visa, holding separate shares is not evidence against the relationship. Many genuine couples hold property this way. It does, however, invite a question about why the couple chose separate shares. A clear and honest explanation in the relationship statement deals with that question before it is asked.
A property bought before the relationship began
A home that one partner bought before the relationship began is not, by itself, evidence of the relationship. The fact that the couple later live there together is household evidence. The original purchase is not joint financial evidence.
Couples in this situation sometimes add the other partner to the title or to the loan later. That is a decision for their lender, conveyancer and tax adviser. For the partner visa, the date of each step matters. The relationship statement should state accurately when the property was bought, when the couple moved in together and when, if ever, the ownership changed.
A family member as co-borrower
Some couples buy with a parent, sibling or other family member as a co-borrower or co-owner. This can raise questions for the Department about who really lives in the home and who carries the financial obligation. It may also make the home look like a family investment rather than the couple's shared home.
Where a family member is on the loan or title, the relationship evidence should show clearly that the couple live in the property together and share their household costs. Household bills, mail and the Form 888 statements become more important.
Guarantors
A family member may act as guarantor rather than as borrower. A guarantor does not usually own the property or live in it. For the partner visa, a guarantor arrangement does not weaken the couple's evidence in itself. The loan and the title should still show the couple, and the couple's own repayments should be visible.
Whatever the arrangement, the documents must match each other. A loan application that lists different occupants, a different relationship status or a different address from the partner visa application will cause difficulty. The firm's articles on why partner visas get refused and on responding to a section 56 request for more information show how these questions tend to arise.
Is a partner visa home loan required for a partner visa?
No. A partner visa home loan is never required for a partner visa. The Department lists a joint mortgage as one form of financial evidence, but many genuine couples rent, live with family or are not yet in a position to buy.
Couples who rent can rely on a lease in both names, joint bank statements, household bills in both names and evidence of shared expenses. Couples who live apart for work or family reasons can still show a genuine and continuing relationship with evidence suited to their circumstances. The firm's guide to the Subclass 820 requirements and documents and its article on the de facto 12-month rule and its exceptions explain what the Department looks for.
Couples should never take on a partner visa home loan simply to strengthen a visa application. The loan must make sense for the couple financially, on advice from a licensed adviser. A rushed purchase made for visa reasons can create far more risk than it removes. Applicants who first came to Australia as visitors should also read the firm's article on moving from a tourist visa to a partner visa in Australia, because the timing of their status changes matters before any property decision.
A partner visa home loan also does not change any limitation on the sponsor's ability to sponsor a partner. Those rules apply whether or not the couple own a home, and they are explained in the firm's sponsorship limitations service and its article on when a sponsor cannot sponsor a partner visa.
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Telling the Department about a new address after a partner visa home loan
A move into a new home must be reported to the Department. When a couple buy a home and move in, the partner visa applicant should tell the Department of Home Affairs about the change of address using Form 1022, Notification of changes in circumstances. The Department also expects to be told about other changes, such as a change in relationship status or the birth of a child.
A move after a partner visa home loan settles is an ordinary change of circumstances. It is not a problem in itself. What causes problems is a move that is never reported, or a move that is reported with dates that do not match the contract, the settlement statement or the utility accounts. The firm's article on Form 1022 change of circumstances explains when and how to lodge it.
Keeping evidence consistent across every document
The Department reads the whole file together. Addresses in the application, the relationship statement, the Form 888 statements, Form 80 if requested, police certificates and the new property documents should all tell the same story.
- Move-in dates. The date the couple moved into the new home should match the settlement date, the change of address on bank accounts and the first utility bills.
- Previous addresses. Where the couple lived before buying should match the lease or the earlier household evidence.
- Occupants. If the loan application lists who will live in the property, that list should match what the partner visa application says about the household.
The firm's Form 80 guide explains how address history is recorded on that form. Where the Department identifies an inconsistency, it may send a request for information or a natural justice letter. The firm's guide to responding to a section 57 natural justice letter explains what happens then.
Updating the evidence in ImmiAccount
Partner visa applications can take a long time to decide. The Department advises applicants to update their documents and relationship evidence regularly through ImmiAccount. A partner visa home loan that settles after lodgement is exactly the kind of new evidence that should be added. The loan contract, the title documents and the first statements showing joint repayments can be uploaded, clearly labelled, once they exist.
What Tribunal decisions say about a joint home purchase
Tribunal decisions show that a joint home purchase can carry real weight when a partner visa refusal is reviewed. Three decisions from the Administrative Review Tribunal and its predecessor, in which the matter was remitted to the Department for reconsideration, record a joint home purchase among the issues considered.
- 2211907 (Migration) [2026] ARTA 514. The recorded issues are the applicant's care for the sponsor, a joint home purchase and a joint bank account. The matter was remitted to the Department. The practical lesson is that a home purchase is most persuasive when it sits beside other evidence of a shared life, such as care for each other and shared finances.
- Nguyen (Migration) [2025] ARTA 2121. The recorded issues include a home site visit report prepared without language assistance and a joint home purchase. The matter was remitted to the Department. The practical lesson is that the Department may visit the couple's home, and that documentary evidence of a joint home purchase can be important where the record of a visit is disputed.
- Chen (Migration) [2024] AATA 2823. The recorded issues are a joint bank account, a home purchase and renovation, and a child of the relationship. The matter was remitted to the Department. The practical lesson is that the purchase, the work done on the home together and the family built around it can be presented as one connected account of the relationship.
None of these decisions means that buying a home will produce a particular result. Each matter turns on its own evidence. What the decisions show is that evidence of a joint home purchase is taken seriously, and that it should be presented clearly and consistently. Couples whose partner visa has been refused can read the firm's articles on partner visa refusal appeal options and what to expect at an ART review. Review deadlines are short and strictly applied, so advice should be sought immediately. The firm's partner visa refusals service explains how the firm acts on review.
A mortgage as second-stage evidence for the Subclass 801
A mortgage is often the strongest new financial evidence a couple can provide at the second stage. When the Department assesses the Subclass 801, it looks at whether the relationship has continued since the Subclass 820 was granted, and a partner visa home loan taken out in that period is direct evidence that it has.
At the second stage, the sponsor completes a Commonwealth statutory declaration about the relationship. The applicant usually needs an Australian Federal Police certificate, an overseas police certificate for any country where they have lived for 12 months or more since the Subclass 820 was granted, and in some cases new health examinations. Fresh relationship evidence covering the period since the first stage should also be provided.
A partner visa home loan helps at this point in three ways.
- It shows continuing financial commitment. Loan statements show that the couple have kept meeting a shared obligation over time.
- It shows a continuing shared household. The property documents, rates notices and bills show that the couple still live together.
- It shows plans for the future. Buying a home is evidence of a long-term commitment to a shared life in Australia.
The couple's updated relationship statement should explain what has happened since the first stage, including the purchase. The firm's article on Subclass 820 vs Subclass 801 explains the second stage in more detail, and the Subclass 820 partner visa service page describes how the firm handles both stages.
Couples should also understand one limit. If the relationship ends before the Subclass 801 is granted, the applicant generally can no longer meet the requirements for the permanent visa through that relationship. Owning a home together does not change that. A partner visa home loan is evidence of a relationship, not a substitute for one.
The law allows the permanent visa to be granted in limited circumstances even though the relationship has ended, including where family violence has occurred, where the sponsor has died, or where there is a child of the relationship. These are specialised areas. The firm's article on what happens if the relationship breaks down during a Subclass 820 application and its family violence partner visa service explain the options.
A relationship breakdown must be reported to the Department. The division of the property, the loan and any other assets is a family law and financial matter. My Migration Lawyers does not advise on property settlement. The applicant should get separate advice on that, and should get migration advice at the same time, because the two processes can affect each other.
Common partner visa home loan mistakes
Most problems with a partner visa home loan come from a small number of avoidable mistakes. Each one below is a generic illustration, not a client story.
- Describing status inaccurately. A couple tells a lender the applicant is "a permanent resident" because the partner visa application has been lodged. The applicant in fact holds a Subclass 820. This creates an inconsistency that can follow the couple into the partner visa file.
- Signing before checking the foreign investment rules. A couple signs a contract for an established home while the applicant is a temporary resident, assuming the lender's approval settles the matter. It does not.
- Not reporting the move. A couple settles, moves in and never lodges Form 1022. Months later the Department's records still show the old address.
- Mismatched dates. The relationship statement says the couple moved in together at one date. The loan application says another. Neither is explained.
- Applying for another visa. A Subclass 820 holder applies for a different visa to satisfy a lender's policy. Any other visa ends eligibility for the Subclass 801.
- Treating the mortgage as the whole case. A couple relies on the joint loan and provides little else. The Department assesses all four aspects of the relationship, not one document.
A second opinion from an immigration lawyer before signing, or before lodging new evidence, can catch these issues early. Couples who lodged their own application and now want help can read about hiring an immigration lawyer after lodging.
Who to ask about each part of a partner visa home loan
Each part of a partner visa home loan belongs with a different professional. Getting the right advice from the right person avoids gaps and contradictions.
- The loan. A licensed credit provider or licensed broker advises on borrowing, lender policy and loan terms.
- Foreign investment. The Foreign Investment Review Board, and the couple's conveyancer or property lawyer, advise on whether the purchase is permitted.
- The purchase and title. A conveyancer or property lawyer advises on the contract, joint tenants or tenants in common, and settlement.
- Tax. A registered tax agent or accountant advises on tax.
- The partner visa. A migration lawyer advises on visa status, timing, Department obligations and how the property documents are presented as evidence.
My Migration Lawyers acts only on the last of these. The firm's articles on when you need an immigration lawyer for a partner visa and on a partner visa lawyer compared with doing it yourself explain the role of legal advice in a partner visa.
Partner visa home loan advice wherever you live in Australia
The firm's partner visa work is national, and consultations are held by video. Couples planning a partner visa home loan in New South Wales often find the firm through its pages for partner visa lawyers in Sydney and partner visa lawyers in Parramatta. In Victoria and Queensland, the pages for partner visa lawyers in Melbourne, partner visa lawyers in Brisbane and partner visa lawyers on the Gold Coast explain the service. Couples in Western Australia, South Australia, the Australian Capital Territory and Tasmania can read about partner visa lawyers in Perth, partner visa lawyers in Adelaide, partner visa lawyers in Canberra and partner visa lawyers in Hobart.
Couples comparing advisers can read the guides on how to choose a partner visa lawyer in Australia and what an immigration lawyer consultation involves.
How My Migration Lawyers helps when partner visa home loan plans and partner visa evidence overlap
My Migration Lawyers acts in many partner visa matters where the couple are buying, or have bought, a home while the application is in progress. The firm deals with complex cases, including applicants on bridging visas, applicants without a substantive visa, couples who bought in one name or as tenants in common, and couples whose loan and visa documents do not match. The firm is capable of handling these matters from the first advice through to the Subclass 801 grant and, where needed, review.
The firm's work on partner visa home loan matters follows a clear process.
- Confirming visa status. The firm checks the applicant's current visa, any bridging visa and when it takes effect, the expected stages ahead, and the official records that prove status. The couple then knows exactly how the applicant's status should be described to a lender.
- Advising on timing. The firm explains where the application is up to, what the date of eligibility for the Subclass 801 means, and why no visa step should be taken to suit a lender. It flags risks such as condition 8503, Schedule 3 and travel on a bridging visa.
- Identifying the foreign investment question. The firm identifies that the applicant's status may engage the foreign investment rules and tells the couple to confirm the position with FIRB and their conveyancer before signing. The firm does not give that advice itself.
- Presenting property and mortgage documents as evidence. The firm advises which loan, title and household documents best show the relationship, and how they should be labelled and uploaded in ImmiAccount.
- Checking consistency. The firm compares the addresses, dates and occupants in the property documents with the application, the relationship statement and the Form 888 statements, and advises on Form 1022 or Form 1023 where needed. The relationship statement remains the couple's own account, reviewed and corrected by them.
- Preparing the second stage. The firm uses the mortgage and property documents as part of updated evidence for the Subclass 801 assessment.
Lending, credit, tax, conveyancing and foreign investment advice come from the appropriate licensed professionals. The firm works alongside them on the migration side only.
The firm's partner visa services are described on the partner visa lawyers page. Its Principal Lawyer, Weiwei Zhang, oversees the firm's partner visa practice. More about the firm is on the about My Migration Lawyers page.
If you are planning a partner visa home loan while your partner visa is in progress, or you want your property documents checked before they go to the Department, book a consultation with My Migration Lawyers. You can also call 1300 040 300.
Frequently Asked Questions
Can I get a home loan while my partner visa is being processed?
Whether you can get a home loan while your partner visa is being processed depends on the lender's own policy for your visa status. While the application is processed you usually hold your previous visa or a bridging visa, and lenders set their own rules for temporary visa holders. My Migration Lawyers does not give lending advice and cannot say how any lender will respond. A licensed credit provider or broker can answer the lending question. The firm can confirm your exact visa status and the official records that prove it.
What visa status does a lender see on a partner visa home loan?
On a partner visa home loan, the lender should see the visa you actually hold on the day you apply. That may be your earlier substantive visa, a Bridging visa A that has come into effect, the temporary Subclass 820 or the permanent Subclass 801. A lodged application is not a granted visa. A VEVO check and your grant letter show your current status. Describing your status accurately protects both the loan application and the partner visa application, because the two sets of documents may later be compared.
Am I a permanent resident once I hold the Subclass 820?
No. The Subclass 820 is a temporary visa. You become a permanent resident only from the day the Subclass 801 is granted. The Subclass 820 lets you live, work and study in Australia and travel in and out as often as you want, but it does not make you a permanent resident. Permanent residence begins on the Subclass 801 grant date, so that date matters for citizenship, for foreign investment questions and for any partner visa home loan.
When can the Subclass 801 be granted?
The Subclass 801 can generally be assessed two years after the combined Subclass 820 and Subclass 801 application was lodged. The Department calls this the date of eligibility. It may be granted sooner where the couple were already in a long-term partner relationship when they applied. Reaching the date of eligibility does not itself make you a permanent resident. You become one only when the grant is made, so no partner visa home loan or property purchase should assume a particular grant date.
How do I prove my visa status to a bank?
You prove your visa status with official records from the Department of Home Affairs. The usual records are a VEVO check showing your current visa, grant date and conditions, your visa grant letter, and your ImmiAccount record showing a lodged partner visa application. Australian visas are usually digital, so there is often no label in your passport. Which records a bank accepts is the bank's decision. Always give records that show your current status, not an older status you no longer hold.
Can a temporary resident buy an established home in Australia?
Generally no. From 1 April 2025, foreign persons, including temporary residents, are temporarily banned from buying established dwellings in Australia unless an exception applies. A partner visa applicant on a bridging visa or the Subclass 820 is a temporary resident. A lender approving a partner visa home loan does not answer this question. Confirm your position with the Foreign Investment Review Board and your conveyancer before signing any contract. My Migration Lawyers does not give foreign investment advice.
Does buying as joint tenants with my Australian partner help with foreign investment rules?
It may. Foreign Investment Review Board guidance has recognised an exemption where a foreign person buys as joint tenants with a spouse who is an Australian citizen, a New Zealand citizen or an Australian permanent resident. The exemption does not apply to tenants in common. How this exemption applies to your purchase, and how it interacts with the temporary ban on established dwellings, must be confirmed with the Foreign Investment Review Board and your conveyancer before you sign anything.
Is a joint mortgage good evidence for a partner visa?
Yes. The Department of Home Affairs lists a joint mortgage, and joint loans for major assets such as homes, as evidence of the financial aspects of a relationship. A partner visa home loan in both names, with repayments shared over time, is strong financial evidence. A home you own and live in together also supports the nature of your household and your commitment. It is still only one part of the case. The Department assesses all four aspects of the relationship.
Do I need a partner visa home loan to get a partner visa?
No. A partner visa home loan is never required. Many genuine couples rent, live with family or are not ready to buy. A lease in both names, joint bank statements, household bills in both names and evidence of shared expenses can all show the financial aspects and the household. You should never buy a home only to strengthen a visa application. A property purchase must make sense for you financially, on advice from a licensed adviser.
What if the home is only in my partner's name?
A home in one name is weaker financial evidence than a home in both names, but it is not evidence against the relationship. Couples often buy in one name because of lender policy or foreign investment rules. The Department may ask why you are not on the title or the loan. Your relationship statement should explain the reason honestly and show how you contribute in other ways, such as joint repayments, household bills, renovations or furniture.
Does buying as tenants in common hurt a partner visa?
Buying as tenants in common does not, by itself, hurt a partner visa. Many genuine couples hold separate shares for tax, estate or family reasons, or because they contributed unequal amounts. It may, however, lead the Department to ask why you chose separate shares, and it can affect the foreign investment exemption, which applies only to joint tenants. A clear and honest explanation in your relationship statement deals with the question before it is raised.
Do I need to tell the Department when we move into our new home?
Yes. A change of address should be reported to the Department of Home Affairs using Form 1022, Notification of changes in circumstances. Moving into a home bought with a partner visa home loan is an ordinary change. The risk lies in not reporting it, or in reporting dates that do not match the settlement statement, the bills and your relationship statement. Once the purchase is complete, you can also upload the loan and title documents to ImmiAccount as new relationship evidence.
Can I apply for another visa to satisfy a lender?
You should not. While you hold the Subclass 820, getting any other visa ends your eligibility for the permanent Subclass 801. New Zealand citizens on the Subclass 820 must also tell the border officer that they do not want a Special Category visa when returning to Australia. No partner visa home loan, lender requirement or settlement date is worth losing the permanent stage. Get migration advice before taking any visa step.
Can a mortgage be used as evidence at the Subclass 801 stage?
Yes. A partner visa home loan taken out after the Subclass 820 grant is useful second-stage evidence. Loan statements show continuing shared financial commitment, property documents and bills show a continuing shared household, and the purchase itself shows plans for a future together in Australia. The updated relationship statement should explain the purchase. At the second stage the sponsor also completes a Commonwealth statutory declaration about the relationship, and police certificates are usually required.
What happens to my partner visa if we separate after buying a house?
If the relationship ends before the Subclass 801 is granted, you generally can no longer meet the requirements for the permanent visa through that relationship, even if you own a home together. The law allows grant in limited circumstances, including family violence, the death of the sponsor or a child of the relationship. The separation must be reported to the Department. Dividing the property and the partner visa home loan is a family law matter that needs separate advice.
Does My Migration Lawyers give advice on home loans?
No. My Migration Lawyers gives migration law advice only. The firm does not give lending, credit, tax, financial or conveyancing advice, and it does not recommend lenders or loan products. On a partner visa home loan, the firm advises on your visa status, the timing of the two partner visa stages, your obligations to the Department, and how mortgage and property documents should be presented as relationship evidence. Lending and foreign investment questions should go to licensed professionals and the Foreign Investment Review Board.
























