My Boyfriend Is Australian and I Live Overseas. Who Can Help With a Partner Visa?

Which partner visa fits someone overseas with an Australian boyfriend?

The partner visa that fits someone overseas with an Australian boyfriend depends on the relationship the couple can prove at lodgement. A couple in a de facto relationship usually applies for the offshore Subclass 309/100. A couple who are engaged and intend to marry may apply for the Subclass 300 prospective marriage visa. A couple who marry first apply for the Subclass 309/100 as spouses. Our guide to which partner visa pathway fits compares each option.

Is a boyfriend a de facto partner for an Australian partner visa?

A boyfriend is a de facto partner for an Australian partner visa only if the relationship meets the legal test in section 5CB of the Migration Act. The couple must have a mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, and must live together or not live apart on a permanent basis. Dating, even seriously, is not always enough. Our article on the de facto partner visa and the 12-month rule explains the test and its exceptions.

What if we have not been together for 12 months?

A couple who have not been in a de facto relationship for 12 months usually cannot lodge as de facto partners yet, unless an exception applies. The most common exception is registering the relationship under an Australian state or territory register, which has its own eligibility rules, often including residence in that state. Other options are marrying, applying for a prospective marriage visa if engaged, or waiting until the 12 months is reached. Whichever option is chosen, the Department still assesses whether the relationship is genuine and continuing, so registration or an engagement does not replace evidence of the relationship itself. Lodging as de facto partners too early usually leads to refusal and a lost application charge.

Can I visit my boyfriend in Australia and apply from there?

A visitor who comes to Australia to see an Australian boyfriend may be able to apply for the onshore Subclass 820, but only if the visitor visa allows it. Many visitor visas carry condition 8503 No Further Stay, which prevents most onshore applications unless the Department waives it. Our article on moving from a tourist visa to a partner visa explains what to check before travelling.

What does the Australian boyfriend need to do as sponsor?

The Australian boyfriend needs to show that he is an eligible sponsor, provide his identity and status documents, and give his own account of the relationship as part of the evidence. Sponsorship limits apply where he has sponsored a partner before or was himself sponsored as a partner. Our page on partner visa sponsorship limitations explains when a sponsor is restricted.

How does My Migration Lawyers help couples split between Australia and overseas?

My Migration Lawyers helps couples split between Australia and overseas by first deciding which visa the relationship can support today, so the couple does not lodge as de facto partners before the law allows it. The firm then prepares the Subclass 309 visa or prospective marriage application, gathers the evidence of time spent together and apart, and keeps both partners informed by video and email across time zones. Couples can speak with our partner visa lawyers before booking flights or lodging anything.