Can a Lawyer Help Bring My Spouse From the UK to Australia?

Should a UK partner apply onshore or offshore?

A UK partner should apply onshore if they are in Australia on a substantive visa, such as a working holiday or visitor visa, that does not carry condition 8503 No Further Stay, and offshore if they are in the UK or another country. Onshore lodgement gives a bridging visa, which is often the deciding factor for couples already living together in Australia. Our page on the Subclass 820 visa explains the onshore option, and our article on which partner visa pathway compares both.

Does a UK civil partnership count for an Australian partner visa?

A UK civil partnership does not make the couple spouses for an Australian partner visa, but it is strong evidence of a de facto relationship and of when the commitment was formalised. The couple still applies as de facto partners, and the 12-month requirement applies unless an exception is met, such as registration on an Australian state or territory register. Our article on the de facto partner visa and the 12-month rule explains the test.

What if the UK partner is on a working holiday visa?

A UK partner on a working holiday visa can often apply for the Subclass 820 before the visa ends, because working holiday visas do not normally carry condition 8503. The couple must meet the relationship requirements at lodgement, which for de facto couples usually means 12 months together. Partners whose working holiday visa will end before 12 months may need to consider relationship registration or another visa first. Our article on onshore partner visas explains the timing.

What UK documents does the Department usually need?

The UK documents the Department usually needs are the passport, the birth certificate, the marriage or civil partnership certificate where relevant, any decree or final order ending an earlier marriage, and police certificates from the UK and any other country where the applicant has lived for the period the Department specifies. UK documents are in English, so translation is rarely needed. Our article on partner visa character requirements explains when police certificates are requested.

How do couples who have lived in several countries show their relationship?

Couples who have lived in several countries show their relationship by setting out where they lived together, the dates of each move and the shared records from each country, such as leases, bills and bank statements. Gaps should be explained rather than left for the Department to question. Our article on the partner visa evidence timeline explains how to present a history across countries, and our article on partner visa household evidence explains the household records that help.

How does My Migration Lawyers help couples with a partner from the UK?

My Migration Lawyers helps couples with a partner from the UK by checking the partner's current visa, its expiry date and its conditions before anything else, because timing usually decides whether an onshore application is possible. The firm then confirms whether the relationship is best presented as a marriage or a de facto relationship, prepares the application and evidence, and manages the matter to a decision. Couples can speak with our partner visa lawyers by video from Australia or the UK.