Can an Australian Partner Visa Lawyer Help Me If I Live Overseas?

Does it matter that my lawyer is in Australia and I am overseas?

It matters very little that the lawyer is in Australia and the couple are overseas, because the partner visa is an Australian visa decided under Australian law and lodged online. Consultations take place by video, documents are exchanged electronically, and the lawyer deals with the Department on the applicant's behalf. What matters more is that the lawyer understands the Australian rules and the documents commonly issued in the applicant's country. Our guide to the offshore partner visa explains how the process runs.

Which partner visa applies when the applicant lives overseas?

The partner visa that usually applies when the applicant lives overseas is the Subclass 309/100 for married or de facto couples, or the Subclass 300 prospective marriage visa for engaged couples who intend to marry. The applicant must be outside Australia when the application is lodged, and the Subclass 309 is generally granted while the applicant is outside Australia. Our pages on the Subclass 309 visa and the Subclass 300 visa compare the two.

Can an Australian sponsor who lives overseas sponsor a partner?

An Australian citizen who lives overseas can generally sponsor a partner. An Australian permanent resident or eligible New Zealand citizen sponsor is in a different position, because the definitions of those terms require the sponsor to be usually resident in Australia. Where the sponsor lives abroad, the couple's plans to come to Australia and the sponsor's ties here are worth explaining in the application. Our article on a partner visa while living apart for work covers related situations.

What documents are harder to obtain from overseas?

Documents that are harder to obtain from overseas often include marriage and birth certificates in the required form, police certificates from every country where the applicant has lived, and translations of documents not in English. Some countries take a long time to issue police certificates, so they should be requested early. Our article on partner visa evidence translation explains what must be translated and how.

How do we show our relationship if we live in different countries?

A couple living in different countries shows their relationship through evidence of time spent together, regular communication, financial support, plans to live together in Australia, and the knowledge of family and friends. Periods apart need a clear explanation, and the relationship statement should describe how the couple stay involved in each other's lives across the distance. If the visa is refused, the applicant can apply to the Administrative Review Tribunal in their own name from overseas. Our article on the partner visa long-distance relationship explains how time apart is evidenced.

How does My Migration Lawyers work with couples who live overseas?

My Migration Lawyers works with couples who live overseas by video consultation and email, arranging calls at times that suit both the sponsor and the applicant. The firm, led by Principal Lawyer Weiwei Zhang and able to consult in Mandarin, assesses the pathway, prepares the online application and the evidence, and manages requests from the Department until the decision. Couples abroad can read about our partner visa lawyers and send their details through the form on this page from any country.