Partner Visa Requirements: What You Must Meet

The partner visa requirements are the legal criteria in the Migration Act 1958 and the Migration Regulations 1994 that a couple must satisfy before the Department of Home Affairs can grant a partner visa. Meeting the partner visa requirements is not a matter of filling in forms. Each requirement is a test, and each test is decided on evidence.

This guide sets out the partner visa requirements one at a time, as a checklist a couple must work through before applying. For each requirement it explains what the law actually says, what evidence usually shows that the requirement is met, and how applications fail on that point. It covers the relationship itself, the Australian partner, sponsorship, the location rules for the onshore and offshore visas, Schedule 3, condition 8503, health, character, the public interest criteria, dependent children and the second assessment at the permanent stage.

This is not a guide to choosing between the onshore and offshore pathways, and it is not a document list. If you want the overview of every partner visa subclass, read our complete guide to partner visas in Australia. If you want a list of documents to gather, read the partner visa document checklist. This article explains the legal tests that those documents are meant to prove.

What are the partner visa requirements in Australia?

The partner visa requirements are a set of criteria that apply to the visa applicant, a separate set that applies to the Australian partner, and a set of timing and location rules that apply to the application itself. All of them must be met. Satisfying most of the partner visa requirements is not enough, because a single unmet criterion is a ground for refusal.

At a high level, the partner visa requirements are:

• A qualifying relationship. The applicant must be the spouse or de facto partner of the Australian partner. A spouse must be in a marriage that is valid for the purposes of Australian law. A de facto partner must generally meet the 12-month relationship rule or an exception to it.
• A genuine and continuing relationship. The couple must have a mutual commitment to a shared life together to the exclusion of all others, and the relationship must be genuine and continuing.
• Living together. The couple must live together, or must not live separately and apart on a permanent basis.
• An eligible Australian partner. The sponsoring partner must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
• Sponsorship. The Australian partner must sponsor the applicant, and the sponsorship limitations must not prevent that sponsorship.
• Location at the right time. The onshore and offshore visas have different rules about where the applicant must be when the application is made and when the visa is decided.
• Schedule 3 and visa conditions. Applicants in Australia without a substantive visa, and applicants whose current visa carries a no further stay condition, face additional hurdles.
• Health and character. Every applicant, including included family members, must meet the health and character criteria.
• Public interest criteria. These include the integrity criterion in PIC 4020, debts to the Commonwealth under PIC 4004 and the Australian Values Statement.
• Dependent children. Children included in the application must meet their own criteria.
• The permanent stage. Most of the partner visa requirements are tested again before the permanent visa is granted.

The structure of the visa matters to how the partner visa requirements are applied. Onshore, the temporary Subclass 820 partner visa and the permanent Subclass 801 are lodged together in one combined application with one charge. Offshore, the provisional Subclass 309 partner visa and the permanent Subclass 100 are lodged together in the same way. The Subclass 300 Prospective Marriage visa has its own criteria, built around an intention to marry, and after the marriage the holder applies onshore for the Subclass 820 and Subclass 801. For a full explanation of the onshore visa itself, see our guide to the Subclass 820 onshore partner visa.

Relationship requirement: married or de facto

The first of the partner visa requirements is that the applicant must be either the spouse or the de facto partner of the Australian partner. These are two different legal relationships, defined in two different sections of the Migration Act 1958, and the evidence that proves each one is different.

What counts as a valid marriage for a partner visa?

A married applicant must be in a marriage that is recognised as valid under Australian law. Section 5F of the Migration Act 1958 defines when a person is the spouse of another person, and section 12 of the Act ties the validity of a marriage to the Marriage Act 1961. A marriage solemnised in Australia under the Marriage Act is generally valid. A marriage solemnised overseas is generally recognised in Australia if it was valid under the law of the country where it took place and it would not be void under Australian law.

A foreign marriage may not be recognised if, for example, either party was still married to someone else at the time, the parties are within a prohibited relationship, or one party did not genuinely consent. Religious or customary ceremonies that were never registered under the local civil law can also raise questions. The Department looks at the marriage certificate and, where needed, at the law of the place of marriage.

Same-sex marriages are recognised in Australia and meet this part of the partner visa requirements on the same basis as any other valid marriage. Our page on same-sex and LGBTI partner visas explains how the relationship criteria apply to LGBTI couples, including where a marriage cannot be registered in the applicant's home country.

Evidence that usually shows it: the marriage certificate, translated where it is not in English, and where relevant evidence that any previous marriage of either party ended by divorce or death before the current marriage.

How it fails: a previous marriage that was never legally ended, a ceremony that was not registered, or a certificate that does not match the identity documents.

A valid marriage is only the starting point. Being married does not, on its own, satisfy the partner visa requirements. A married couple must still prove that their relationship is genuine and continuing, in exactly the same way as a de facto couple.

What is a de facto relationship for a partner visa?

A de facto relationship is defined in section 5CB of the Migration Act 1958. A person is in a de facto relationship with another person if they are not married to each other, they have a mutual commitment to a shared life to the exclusion of all others, the relationship is genuine and continuing, they live together or do not live separately and apart on a permanent basis, and they are not related by family. Same-sex and opposite-sex de facto relationships are treated in the same way.

De facto couples face an additional element of the partner visa requirements that married couples do not: the 12-month rule.

The 12-month rule and its exceptions

A de facto applicant must generally show that the de facto relationship existed for at least the 12 months immediately before the application was made. This is one of the most misunderstood partner visa requirements. The 12 months is about the de facto relationship, which in practice is usually shown through a period of living together. A couple who have been dating for 12 months but have not lived together for any real period may not be able to show a 12-month de facto relationship.

There are two main exceptions. The first is where the relationship is registered under a law of an Australian state or territory listed in the Regulations. Registration generally removes the 12-month requirement, although the relationship must still be genuine and continuing. The second is where compelling and compassionate circumstances exist for the grant of the visa. Examples sometimes argued include a child of the relationship, or circumstances that prevented the couple from living together. Whether those circumstances exist is a matter for the decision maker, and the argument has to be put properly and supported by evidence.

The Tribunal has examined these questions many times. In Decap (Migration) [2020] AATA 1086, a Subclass 820 matter, the issues considered included whether the de facto relationship had existed for at least 12 months, the financial, household and social aspects of the relationship, the nature of the commitment and compelling and compassionate circumstances. The case illustrates that the 12-month rule and the genuineness test are assessed together, not separately.

We explain the rule and its exceptions in detail in our guides on the de facto partner visa and the 12-month rule and on whether you really need 12 months of de facto relationship for a Subclass 820 visa.

Evidence that usually shows it: joint lease or mortgage documents, utility accounts and mail at the same address, and other records that show the start and continuity of the relationship over the whole period. Where registration is relied on, the registration certificate.

How it fails: a relationship that started later than claimed, gaps in cohabitation that are not explained, or an application lodged a few weeks too early.

Genuine and continuing relationship: the core of the partner visa requirements

The genuine and continuing relationship test is the centre of the partner visa requirements. A couple must show a mutual commitment to a shared life as spouses or de facto partners to the exclusion of all others, and that the relationship is genuine and continuing. Most partner visa refusals are about this requirement.

The Regulations set out the matters the Department must consider. For de facto partners they are in regulation 1.09A, and for spouses they are in regulation 1.15A. Both use the same framework, which looks at four aspects of the relationship:

• 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.

These four aspects are not four separate documents or four separate statements. They are the four areas of the relationship that the decision maker examines. The couple's own account of their relationship is set out in one relationship statement, which covers how they met, how the relationship developed, their living arrangements and their future plans. That single statement is then supported by documents that speak to each of the four aspects. Our guide to the partner visa relationship statement explains what that statement should cover.

Financial aspects of the relationship

The financial aspects look at whether the couple share financial responsibility and how they arrange their day-to-day finances. The Regulations refer to joint ownership of property, joint liabilities, pooling of resources, and the extent to which one partner relies on the other.

Evidence that usually shows it: joint bank accounts that are actually used, a joint lease or mortgage, shared bills, transfers that show one partner supporting the other, and nominations of each other as beneficiaries.

How it fails: a joint account opened shortly before lodgement with no real transactions, or finances that are entirely separate with no explanation. Separate finances are not fatal on their own, but the couple must be able to explain how they share the costs of their life together.

Nature of the household

The nature of the household looks at the living arrangements, how the household is run and how responsibility for housework and any children is shared.

Evidence that usually shows it: documents showing a shared address over time, correspondence addressed to both partners at the same place, and the couple's own description of how the household works.

How it fails: addresses that do not match between documents, an explanation of the living arrangements that differs between the applicant and the sponsor, or periods apart that are not accounted for.

Social aspects of the relationship

The social aspects look at whether the couple present themselves as a couple to others, and whether friends, family and the wider community know them as a couple. The Regulations also refer to joint social activities and travel.

Evidence that usually shows it: Form 888 supporting statements from Australian citizens or permanent residents who know the couple, invitations addressed to both partners, photographs over time, and joint travel records. Form 888 is a supporting statement, not a statutory declaration. Our article on Form 888 example answers and common mistakes shows what makes these statements useful.

How it fails: witnesses who barely know the couple, copied wording across several Form 888 statements, or a relationship that the couple's own families do not know about.

Nature of the commitment

The nature of the commitment looks at the duration of the relationship, the extent of the couple's knowledge of each other, whether they intend the relationship to be long term, and how they have supported each other emotionally and practically.

Evidence that usually shows it: the relationship statement, evidence of time spent together and contact during periods apart, and evidence of joint plans such as a shared lease, a joint purchase or a child.

How it fails: inconsistent accounts of how the couple met, limited knowledge of each other's lives at interview, or a short relationship with little evidence of shared plans.

We cover the evidence for each aspect in more depth in partner visa evidence: how to prove your relationship is genuine and preparing evidence of a genuine relationship. For an onshore application, see also what evidence you need for an 820 partner visa.

Living together, or not living apart permanently

The partner visa requirements include a separate element about living arrangements. The couple must live together, or must not live separately and apart on a permanent basis. This wording matters. It does not require a couple to have lived under the same roof every day. It requires that any separation is temporary and does not reflect the end of the relationship.

Couples live apart for many legitimate reasons: work in another city, study, caring for a family member overseas, or visa restrictions that prevent the applicant from being in Australia. Temporary separation of this kind is consistent with the partner visa requirements if the couple can show that the relationship continued during the period apart and that they intend to live together again.

Evidence that usually shows it: records of regular contact during the separation, travel to visit each other, financial support across the period, and evidence of the reason for the separation.

How it fails: long periods apart with little contact and no clear reason, or living arrangements that suggest the couple have moved on from the relationship. The Department also looks closely at couples who say they are together but have separate addresses in every record.

A relationship that has ended is a different matter. If the relationship breaks down after lodgement, the genuine and continuing relationship requirement may no longer be met, although special provisions can apply. Our article on what happens to your Subclass 820 application if the relationship breaks down explains those provisions.

Is there an age requirement for a partner visa?

Yes, age is part of the partner visa requirements, but the rules are specific and should be checked for each case. Australian law sets a minimum age for marriage under the Marriage Act 1961, and a marriage that does not meet Australian requirements may not be recognised. The Regulations also contain age-related criteria for de facto relationships and for sponsors.

In practice, most couples who apply are adults, and age does not arise as an issue. It becomes relevant where one partner is young, where a marriage took place overseas at a young age, or where there is a significant age gap and the Department looks more closely at the genuineness of the relationship. An age gap is not a ground for refusal in itself. It is simply one of the circumstances that may lead to closer questions about the four aspects of the relationship.

How it fails: a marriage that would not be valid under Australian law because of the age of a party at the time, or an application lodged before a party reached the age the relevant criterion requires. Where either partner is young or a marriage took place overseas at a young age, the specific criteria should be checked before lodgement.

Who can be the Australian partner under the partner visa requirements?

The Australian partner must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. This is one of the partner visa requirements that is often assumed rather than checked.

Australian citizen. Citizenship by birth, by descent or by grant all qualify. Evidence is usually an Australian passport, a citizenship certificate or a birth certificate showing citizenship.

Australian permanent resident. The sponsor must hold a permanent visa at the relevant time. A permanent resident whose visa has been cancelled, or whose travel facility has expired while outside Australia, may need advice on whether they can still sponsor. Where a sponsor's permanent visa is under threat, our visa cancellations page explains the process.

Eligible New Zealand citizen. Not every New Zealand citizen living in Australia is an eligible New Zealand citizen for these purposes. The term is defined in the Regulations and generally depends on when the person arrived in Australia and on their residence history. A New Zealand citizen partner who is not an eligible New Zealand citizen may not be able to sponsor a partner visa. In that situation, the Subclass 461 visa for family members of New Zealand citizens may be worth considering instead.

Because the sponsor's status is tested at the time of application, it should be confirmed against the partner visa requirements before anything is lodged.

How it fails: a sponsor who assumed they were eligible but whose status did not qualify at the time of application, or a sponsor whose own visa was cancelled during processing.

Sponsorship: the Australian partner must sponsor the applicant

The Australian partner must sponsor the applicant. The sponsorship is completed online in ImmiAccount as part of the process. Sponsorship is a formal undertaking. The sponsor accepts obligations, including to support the applicant, and the sponsor's own history is relevant to whether the sponsorship can be approved.

Sponsorship is one of the partner visa requirements that turns on the sponsor's circumstances, not the applicant's. A strong applicant can still be refused because of a problem on the sponsor's side. Our guide to how to create an ImmiAccount explains the online account both partners will use.

Sponsorship limitations

The Regulations limit how often a person can sponsor a partner. Under regulation 1.20J, a sponsor generally cannot sponsor a partner if they have already sponsored two partners in their lifetime, or if they sponsored a previous partner within five years, unless compelling circumstances apply. Limits can also apply where the sponsor was themselves granted a visa as a partner.

A separate set of limitations applies to sponsors who have been convicted of certain offences, including offences involving violence or child-related offences. In those cases, the sponsorship may still be approved where it is reasonable to do so, but that is a judgement made on the full facts and supported by evidence.

The sponsorship limitations are partner visa requirements that can defeat an application even where the relationship itself is clearly genuine. These limitations are explained in detail on our partner visa sponsorship limitations page and in our article on when a sponsor cannot sponsor a partner visa in Australia.

Evidence that usually shows it: the sponsor's identity and status documents, details of any previous sponsorships and previous partner visa grants, and police certificates for the sponsor where required.

How it fails: a previous sponsorship that was not disclosed or not counted, an application lodged inside the restricted period without a compelling circumstances argument, or a sponsor with a relevant conviction who did not address it.

Location rules in the partner visa requirements: where the applicant must be

The partner visa requirements include strict rules about where the applicant is physically located when the application is made and, for the offshore visa, when it is decided. These location rules are not technicalities. Getting them wrong can make an application invalid or require refusal.

Onshore Subclass 820: in Australia at lodgement

For the onshore Subclass 820 and Subclass 801, the applicant must be in Australia when the application is made, along with any family members who apply with them. The applicant can be in or outside Australia when the temporary visa is decided. Once granted, the Subclass 820 lets the holder stay in Australia until the permanent Subclass 801 is finalised, live, work and study in Australia, travel in and out of Australia as many times as they want, and apply for Medicare.

Where the applicant holds a substantive visa when lodging the onshore application, a Bridging Visa A is generally granted, which allows the applicant to remain lawfully in Australia while the application is processed. Our articles on the Bridging Visa A, on bridging visas in Australia and on working while waiting for a Subclass 820 visa explain the bridging visa rules.

Offshore Subclass 309: outside Australia at lodgement and grant

For the offshore Subclass 309 and Subclass 100, the applicant must be outside Australia when the application is made and when the Subclass 309 is granted. An applicant who travels to Australia during processing must generally leave before the provisional visa can be granted. This is one of the partner visa requirements that couples most often overlook when they plan a visit during processing.

Where the Australian partner is preparing the application for an applicant who is overseas, our page on the Subclass 309 partner visa explains how the offshore requirements apply to the sponsor.

The location rules are among the simplest partner visa requirements to state and among the easiest to breach through a poorly timed trip.

How it fails: an onshore application lodged while the applicant is overseas, or an offshore applicant who is in Australia on the day the Subclass 309 would otherwise be granted.

Schedule 3 partner visa requirements for applicants without a substantive visa

Schedule 3 is one of the most important partner visa requirements for onshore applicants. An applicant who is in Australia but does not hold a substantive visa when the onshore application is made must generally meet the Schedule 3 criteria, numbered 3001, 3003 and 3004, unless the Department or Tribunal is satisfied that there are compelling reasons for not applying them.

This applies to a person who is unlawful, and also to a person who holds only a bridging visa, because a bridging visa is not a substantive visa. A person who has overstayed, whose visa has been cancelled, or whose previous application was refused and who is on a bridging visa while seeking review, may all fall within Schedule 3.

For these applicants, Schedule 3 sits on top of all the other partner visa requirements. The criteria themselves are difficult to meet for most people who have been without a substantive visa for some time. That is why the waiver for compelling reasons is usually the real issue. Compelling reasons are assessed at the time of application and often focus on the relationship, any Australian citizen children of the relationship, the circumstances that led to the applicant becoming unlawful, and the hardship that would follow if the applicant had to leave Australia to apply from offshore.

The Tribunal has examined these questions in many partner visa matters. In Hassan (Migration) [2021] AATA 2159, a court remittal involving a Subclass 820 applicant who was not the holder of a substantive visa at the time of application, the Tribunal considered whether compelling reasons existed, including the sponsor's significant illnesses.

Our Schedule 3 waiver page sets out how My Migration Lawyers approaches these cases. Our articles on Schedule 3 criteria when you are unlawful and on the Schedule 3 partner visa waiver explain the criteria in more depth.

Evidence that usually shows it: a detailed account of how the applicant came to be without a substantive visa, evidence of the length and depth of the relationship, evidence of any children, and evidence of the hardship that departure would cause.

How it fails: an application lodged on the assumption that the waiver will be granted, without any real compelling reasons argument or evidence.

Condition 8503 and other bars on applying in Australia

Some applicants cannot lodge an onshore application at all, whatever the strength of their relationship. These bars are part of the partner visa requirements in a practical sense, because an application lodged in breach of them is usually invalid.

Condition 8503 (No Further Stay)

Condition 8503 is a visa condition that generally prevents the holder from making a valid application for most substantive visas while they are in Australia. It is common on visitor visas and some other temporary visas. A person whose visa carries condition 8503 generally cannot lodge an onshore Subclass 820 application unless the condition has first been waived.

A waiver is available only in limited circumstances, usually where compelling and compassionate circumstances have developed since the visa was granted, over which the person had no control. A new relationship, on its own, is not usually enough. We explain the rules in our article on whether you can apply for a Subclass 820 visa with a no further stay condition (8503). Visitors who meet their partner in Australia should also read our guide on moving from a tourist visa to a partner visa in Australia.

Previous refusals and cancellations

Section 48 of the Migration Act 1958 limits the visas that a person in Australia can apply for after a visa refusal or cancellation, if they have not held a substantive visa since. Partner visas are among the visas that may still be applied for in that situation, but the applicant may then need to deal with Schedule 3 as well. Our article on applying for a partner visa after a visa refusal explains how these rules interact. Where the earlier refusal is still being reviewed, our visa refusals page explains the options.

Checking visa conditions and refusal history is therefore one of the first steps in testing the partner visa requirements for any applicant who is already in Australia.

How it fails: an onshore application lodged by a person with an unwaived condition 8503, which is generally invalid, or a person who lodges after a refusal without understanding the Schedule 3 consequences.

Where our clients are, and why location does not limit advice

Couples dealing with the partner visa requirements live in every part of Australia and overseas. Consultations with My Migration Lawyers are held by video, so the location of the couple does not change the advice available. Clients in New South Wales often find us through our pages for partner visa lawyers in Sydney and partner visa lawyers in Parramatta. Clients in Victoria and Queensland often start with our pages for partner visa lawyers in Melbourne, partner visa lawyers in Brisbane and partner visa lawyers on the Gold Coast. The same partner visa requirements apply wherever the couple lives, because they are set by Commonwealth law.

Health: one of the partner visa requirements for every applicant

The health criterion is one of the partner visa requirements that applies to every applicant, including family members included in the application. Applicants are generally required to undergo health examinations arranged through the Department's approved panel providers, and the results are sent to the Department electronically.

The purpose of the health criterion is to identify conditions that may pose a risk to public health or that may result in significant cost to the Australian community or prejudice access to health care for Australian citizens and permanent residents. Where a Medical Officer of the Commonwealth forms an adverse opinion, the applicant does not automatically fail. In partner visa cases a health waiver may be available in limited circumstances, and the strength of the waiver submission matters.

Evidence that usually shows it: completed health examinations at the stage the Department requests them, and medical reports from treating specialists where a condition is known.

How it fails: examinations not completed within the time allowed, or an adverse health opinion with no response addressing the waiver.

Character requirement and police certificates

Character is one of the partner visa requirements that is often underestimated. Every applicant aged 16 or over, including included family members, must meet the character requirements. The Department generally asks for police certificates from each country where the applicant has lived for a significant period as an adult, and from Australia where relevant. The Department's own guidance sets out which countries are required, and that guidance should be checked for each applicant.

Section 501 of the Migration Act 1958 sets out the character test. A person may fail it, for example, because of a substantial criminal record, an association with criminal conduct, or a risk of future conduct. A criminal record does not automatically mean refusal. The decision maker must consider the nature of the conduct, the time that has passed and the person's circumstances, including the interests of any Australian partner and children.

The Department may also ask for a Form 80 personal particulars form, and sometimes Form 1221, from the applicant and from family members aged 16 and over who are included in the application. These requests usually come through a section 56 request for more information. Form 80 asks for detailed personal history, including addresses, employment, travel and military service. Errors or omissions in it can raise integrity concerns. Biometrics may also be requested.

Evidence that usually shows it: police certificates from each required country, court documents where there is a record, and a complete and accurate Form 80 when requested.

How it fails: undisclosed convictions, police certificates that are missing or out of date, and Form 80 answers that contradict earlier applications.

Public interest criteria for partner visas

The public interest criteria, known as PICs, are a group of partner visa requirements in Schedule 4 to the Migration Regulations 1994. Health and character are themselves public interest criteria. Three others deserve separate attention because they cause problems that couples do not anticipate.

PIC 4020: the integrity criterion

PIC 4020 is the integrity criterion. It allows a visa to be refused where the applicant has given, or caused to be given, a bogus document or information that is false or misleading in a material particular, either in the current application or in a visa application made in a recent period before it. It also allows refusal where the Department is not satisfied of the applicant's identity.

PIC 4020 reaches back to earlier applications. A statement in a previous visitor visa or student visa application about marital status, employment or relationships can be compared with what is said in the partner visa application. Where the two are inconsistent, PIC 4020 may be engaged. In TRUONG (Migration) [2024] AATA 680, a Subclass 820 matter, the issues included false or misleading information in a material particular, a previous visitor visa application and marital status, where the parties were separated but still living together.

How it fails: an earlier application that described the relationship differently, a previous partner who was not disclosed, or documents that cannot be verified.

PIC 4004: debts to the Commonwealth

PIC 4004 requires that the applicant has no outstanding debts to the Commonwealth, or has made arrangements satisfactory to the Minister to repay them. Common examples include detention debts and some health care debts. An unresolved debt can delay or prevent the grant of an otherwise strong application.

The Australian Values Statement

Applicants aged 18 or over must sign the Australian Values Statement, confirming that they will respect Australian values and obey Australian laws. This is completed as part of the online application. It is a simple step but it is still one of the partner visa requirements, and an application where it has not been completed is not ready for grant.

Partner visa requirements for dependent children and other family members

Dependent children can generally be included in the partner visa application. Each included child must meet their own criteria, including health and character where relevant, and must be a dependent child as defined in the Regulations. Older children who are not dependent may not be eligible to be included.

Where a child is under 18 and another person has custody or access rights, the Department may require evidence that the other parent consents, or a court order, before the child can be granted a visa. These public interest criteria protect the rights of the other parent and the best interests of the child. Where the other parent cannot be located or refuses consent, the matter becomes considerably more complex.

Evidence that usually shows it: birth certificates naming both parents, custody orders or consent forms where the other parent is not migrating, and evidence of dependency for older children.

How it fails: a missing consent from the other parent, a child who no longer meets the dependency definition, or a child whose health or character assessment is incomplete.

Partner visa requirements at the permanent stage

The partner visa requirements do not end when the temporary or provisional visa is granted. Eligibility for the permanent Subclass 801 or Subclass 100 is generally assessed about two years after the combined application was lodged. At that point the Department asks for updated information and evidence, and the couple must show again that the relationship is genuine and continuing. Health and character are also tested again.

There are limited exceptions to the usual waiting period, including for certain long-term relationships. Whether an exception applies depends on the facts and should be checked rather than assumed.

The law also recognises that some relationships end for reasons outside the applicant's control. Where the sponsoring partner has died, or where the relationship has ended and the applicant or a family member has suffered family violence committed by the sponsor, the applicant may still be granted the permanent visa if the relevant criteria are met. Our family violence partner visa page explains how those provisions work. Our article on Subclass 820 vs Subclass 801 explains the two stages in more detail.

During the whole period, both partners must tell the Department about relevant changes, such as a change of address, a new passport or a change in the relationship, using Form 1022 to notify changes in circumstances.

How it fails: a couple who stopped keeping evidence after the first grant, a change in circumstances that was never notified, or a second-stage relationship statement that contradicts the first.

How applications fail on the partner visa requirements

Most refusals can be traced to one of the partner visa requirements set out above. The common pattern is not a lack of documents. It is a misunderstanding of what the requirement actually demands. Examples include lodging a de facto application before the 12 months has been reached, assuming a Schedule 3 waiver will follow, relying on a joint bank account with no real transactions, or giving an account of the relationship that does not match an earlier visa application.

Before refusing, the Department will usually give the applicant a chance to comment on adverse information. Our article on responding to an S57 natural justice letter for a partner visa explains that process. Our articles on why Subclass 820 partner visas are refused and why partner visas get refused set out the common grounds.

If a partner visa is refused, review may be available in the Administrative Review Tribunal. The deadlines for applying for review are short and are strictly applied, so the refusal letter should be read immediately. Our partner visa refusals page, our guide to partner visa appeal options and our article on what to expect at an ART review explain the next steps. A visa appeal lawyer can assess whether the partner visa requirements were applied correctly.

Couples who have already lodged their own application sometimes ask for a review of it during processing. Our articles on hiring an immigration lawyer after lodging your own visa application and on getting a second opinion from an immigration lawyer explain how that works. A lawyer can be appointed to an existing application using Form 956.

Getting advice on the partner visa requirements anywhere in Australia

My Migration Lawyers advises couples across Australia by video. Clients in Western Australia and South Australia often contact us through our pages for partner visa lawyers in Perth and partner visa lawyers in Adelaide. Couples in the Australian Capital Territory and Tasmania can read about partner visa lawyers in Canberra and partner visa lawyers in Hobart. Where a matter involves more than a partner visa, our pages for immigration lawyers in Sydney, immigration lawyers in Melbourne, immigration lawyers in Brisbane and immigration lawyers in Perth explain the wider services. Couples comparing firms may find our guides on choosing the best partner visa lawyer in Sydney, the best partner visa lawyer in Melbourne and the best partner visa lawyer in Australia useful for knowing what to ask. Our guides on partner visa lawyer services in Australia and on when you need an immigration lawyer for a partner visa explain what legal assistance covers. Couples considering whether to proceed alone can read partner visa lawyer vs doing it yourself.

How My Migration Lawyers checks each of the partner visa requirements before lodgement

My Migration Lawyers acts in many partner visa matters, including complex cases involving Schedule 3, condition 8503, sponsorship limitations, previous refusals, character issues and relationships with periods of separation. The firm is capable of handling these matters because the work begins with the law, not with the forms.

Before any application is lodged, My Migration Lawyers works through each of the partner visa requirements as a separate legal test. In practice, that means the firm:

• confirms whether the couple are spouses or de facto partners under Australian law, checks any foreign marriage for recognition and calculates whether the 12-month rule is met or an exception applies;
• reviews the evidence for each of the four aspects of the relationship and identifies where the evidence is thin, so the client can gather what genuinely exists;
• checks the Australian partner's status, previous sponsorships and any history that engages the sponsorship limitations;
• confirms the applicant's location and visa status at the planned date of lodgement, and whether Schedule 3, condition 8503 or section 48 is engaged;
• compares the planned application with every earlier visa application the applicant has made, to identify inconsistencies that could engage PIC 4020;
• identifies health, character, debt and child custody issues early, so they can be addressed rather than discovered by the Department; and
• prepares the client for the permanent stage, so the evidence continues to build after lodgement.

The relationship statement is always the client's own account. My Migration Lawyers reviews it with the client, the client corrects it, and the firm presents it in the form the law requires. Where a waiver or compelling circumstances argument is needed, the lawyer decides how the legal argument is put and prepares the submissions.

The firm is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers and our partner visa lawyers service. If you want the partner visa requirements checked against your own circumstances before you apply, book a consultation online or call 1300 040 300.