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Subclass 820 Visa & Partner Visa
Our Immigration Lawyers are able to ensure that your partner visa application is decision ready and meets all the requirements for a speedy visa process by the Department of Home Affairs. Our Lawyers have years of experience dealing with complex partner visa applications, including partner visa refusals (AAT appeal), and can guide you to ensure your application is not delayed and is successful.
Lodging an online partner visa application is not difficult and can be done in perhaps 1 hour. However, unless the information and supporting documents that you provide are correct, comprehensive and extensive, there will be a high chance of your visa application being refused.
Unfortunately, partner visa case officers are not very flexible and always require a significant amount of evidence to satisfy that a relationship is genuine and ongoing.
Our Immigration Lawyers are able to advise you on the type of evidence that you can prepare to make a decision ready application. Our expert lawyers can also inform you if you are barred from sponsoring someone or point out any other weaknesses that your case may have.
Call us to book a Face to Face Consultation with one of our Immigration Lawyers today!
Before you apply for your partner visa, come and meet with one of our expert Immigration Lawyers in Melbourne or book a zoom consultation if you live anywhere else in Australia. We have clients all over Australia (NSW, Queensland, South Australia, ACT, Northern Territory and Tasmania). Our Lawyers are happy to discuss your application with you and ensure that you are doing your application correctly.
Call 1300 320 300 Claim your consultationSPEAK WITH ONE OF OUR IMMIGRATION LAWYERS TO GET MORE HELP WITH PARTNER VISAS!
If you are married to an Australian citizen or living with an Australian citizen in a de facto relationship, you may have the option of applying for a partner visa that will allow you to stay in the country on a longer-term basis. However, to maximise your chances of success, it is vital that you prepare all of your supporting documentation very carefully.
Read More Contact Us TodayHelping People Just Like You
Aleesha L.
We applied for a partner visa with gold migration lawyers they lodged our visa on the 23rd of August 2024 and today 12th November 2024 we got great news that it was granted we couldn’t have asked for better people to go through as nothing was ever too difficult.Saleh was so amazing and easy to work with step by step highly recommended.read more
Psy Psy 2
I was in Singapore and my fiance's in Australia when we searched for a company to help with our Prospective Visa application. Gold Migration Lawyers for us was a little bit pricey, but it was all worth it. We had an initial meeting via video call with our then lawyer named Emad to assess both of us. Emad left and was taken over by Katherine and finally Jualiana Aywaz, who helped us go through the application until we were approved. It was a pleasant experience. She was very professional, helped us with our forms thoroughly, and advised us for the best possible outcome. I liked that Juliana was prompt on her replies and clear with her instructions. We highly recommend Gold Migration Lawyers! Thanks again, Juliana!read more
Eddie W.
Juliana, thank you for your professional guidance and kind service.we truly appreciate your dealing with our case bringing the results we were hoping for.kind regards,Eddie & Ann
amanda S.
Great service from Gold Migration. The lawyer in charge of our case kept changing, but they all were very helpful, informative, and prompt in responding to any of our updates and questions, especially Walt Calis and Liana Croci.
Tamati Te H.
I just want to personally thank Jibril and Julianna for their support and assistance in our visa process. They have been with us through and through, ensuring that our paperwork was completed correctly, and providing us feedback in a timely manner . They are always willing to assist, and I highly recommend them to anyone as representatives. We received our visa today and are excited to finally start our lives together. Thank you Gold Migration Lawyers for your work and assistance to bring families and loved ones together 🙂read more
Ali
Quite professional and experienced team. We were finally granted visas after 10 months. Mike , Jibril & Thomas from the Gold migration assisted us greatly from the beginning of application till last stage. They are always happy to help their clients and I highly recommend them if you seek migration advise for Australia. Thank you guys !read more
Caroline P.
We can't thank Gold Migration lawyers enough. Special thanks to Juliana who helped my husband and I with this process. They are very thorough and thoughtful when it comes to the application process. We highly recommend their service. Thank you so much for bringing my husband home. We were granted the visa in around 13 months.read more
Michael B.
I definitely recommend to everyone this Lawyer, they are really good people's and easy communicate with them. Saemeh Ghasemi she's our Case manager on our case. Only 1 year and our partner visa is granted....A+++++++++++++
Shuaib Z.
Thanks to Gold immigration expertise and dedication, my visa was granted smoothly and efficiently. I truly felt like a priority, and their attention to detail and thorough preparation made all the difference.
Aleesha L.
We applied for a partner visa with gold migration lawyers they lodged our visa on the 23rd of August 2024 and today 12th November 2024 we got great news that it was granted we couldn’t have asked for better people to go through as nothing was ever too difficult.Saleh was so amazing and easy to work with step by step highly recommended.read more
Psy Psy 2
I was in Singapore and my fiance's in Australia when we searched for a company to help with our Prospective Visa application. Gold Migration Lawyers for us was a little bit pricey, but it was all worth it. We had an initial meeting via video call with our then lawyer named Emad to assess both of us. Emad left and was taken over by Katherine and finally Jualiana Aywaz, who helped us go through the application until we were approved. It was a pleasant experience. She was very professional, helped us with our forms thoroughly, and advised us for the best possible outcome. I liked that Juliana was prompt on her replies and clear with her instructions. We highly recommend Gold Migration Lawyers! Thanks again, Juliana!read more
Eddie W.
Juliana, thank you for your professional guidance and kind service.we truly appreciate your dealing with our case bringing the results we were hoping for.kind regards,Eddie & Ann
amanda S.
Great service from Gold Migration. The lawyer in charge of our case kept changing, but they all were very helpful, informative, and prompt in responding to any of our updates and questions, especially Walt Calis and Liana Croci.
Tamati Te H.
I just want to personally thank Jibril and Julianna for their support and assistance in our visa process. They have been with us through and through, ensuring that our paperwork was completed correctly, and providing us feedback in a timely manner . They are always willing to assist, and I highly recommend them to anyone as representatives. We received our visa today and are excited to finally start our lives together. Thank you Gold Migration Lawyers for your work and assistance to bring families and loved ones together 🙂read more
Ali
Quite professional and experienced team. We were finally granted visas after 10 months. Mike , Jibril & Thomas from the Gold migration assisted us greatly from the beginning of application till last stage. They are always happy to help their clients and I highly recommend them if you seek migration advise for Australia. Thank you guys !read more
Partner Visa – frequently asked questions
Who can be a Sponsor for a Partner Visa?
An Australian citizen, Australian permanent resident or eligible New Zealand citizen.
Can I apply for a Partner Visa if I’m not married to my Partner?
Yes, you can. If you have been living together for at least 12 months you may meet the de facto criteria. Bear in mind that the 12 month living together requirement could be waived in certain circumstances.
What are the most common reasons for a Partner Visa refusal?
If insufficient evidence was provided to the DHA, failure to upload the right witness declarations, failing to respond to further requests from the DHA in a professional manner. Also if the Sponsor was not an eligible sponsor or has had issues with Family Violence and/or has a criminal history.
What kind of documents must I provide?
There is a large number of Time of Application (ToA) and Time of Decision (ToD) documents that you must provide. Depending on your circumstances, they vary. At Gold Migration Lawyers, we provide our clients with a Personalised Checklist. This checklist is normally more than 10 pages and is very comprehensive.
What other eligibility criteria must the Sponsor meet?
Other than previously holding certain visas, the Sponsor is not able to sponsor more than 2 individuals in their lifetime (exceptions apply); and no more than 1 individual per 5 year period (exceptions apply).
Will my Sponsor or I be interviewed by the Department of Home Affairs (DHA)?
It depends. The DHA may request an interview if you’re applying for an offshore Partner Visa. If you apply in Australia, it is unlikely that the DHA will request an interview.
What is an Australian partner visa?
A partner visa in Australia is a long-term visa for foreign nationals who are either married to, or in a de facto relationship with an Australian citizen. If you’re already in Australia, you’ll most likely want to apply for a subclass 820 visa before making a permanent visa application.
What are the requirements for a partner visa in Australia?
You can discuss all the eligibility details during your consultation with a partner visa lawyer or immigration lawyer in Melbourne or Sydney (or during your online meeting). The basic requirements at the time of writing are that you are 18 years or older, married or in a de facto relationship with an Australian citizen and are able to meet the health/character requirements.
Can you stay in Australia while waiting for a partner visa?
If you apply for a partner or marriage visa in Australia, rather than an offshore partner visa, you will normally be granted a bridging visa while your application is under consideration. This visa will enable you to stay in Australia until a decision on your application is reached. If you’re not sure about your current status and are worried about having to leave the country, please feel free to call and speak to one of our partner visa lawyers in Sydney, Melbourne, Brisbane, Adelaide, Perth, Darwin or Hobart. That’s right, we attend clients anywhere in Australia.
How much does the partner visa cost?
You can check all Australian Partner Visa costs by clicking on this link.
The fees we charge for assisting with applications for a partner visa in Sydney, Melbourne, Brisbane, Adelaide, Perth, Darwin, Hobart or any other location vary depending on the details of each individual case. However, we always charge a fixed fee for our services and will be able to tell you exactly how much it will cost after your initial consultation: there are no unpleasant surprises to worry about when working with a partner visa migration lawyer in Sydney or Melbourne from Gold Migration.
How long is the partner visa valid for?
A subclass 820 marriage or de facto visa in Australia is normally valid for 2 years. Applicants who are eligible may be granted a subclass 801 (permanent) Partner visa after this period.
Can a partner visa sponsor have sponsored someone before?
A sponsor can only sponsor a maximum of 2 partners in the course of life (exceptions apply). And the sponsor cannot have sponsored another partner within the last 5 years at the time of the new partner visa application (exceptions apply).
There is a big age gap between me and my partner. Will that affect our partner visa application?
If you can demonstrate and provide enough evidence that the relationship is genuine, it shouldn’t be a problem. However, you need to make your application very strong in order to clear any doubt in the mind of the Immigration Officer. We have approved many clients with age gaps of 20, 30 or even 40 years.
Can I apply for a partner visa if I'm unlawful in Australia?
In that case, you need to have “compelling reasons”. The “compelling reasons” provision allows an applicant who is unlawful in Australia to regularise their status if compelling reasons exist.
Examples of “compelling reasons” are severe illness or a serious accident to name a couple.
Immigration officers should consider circumstances on a case by case basis.
Factors which the Department may consider when determining whether your circumstances are compelling include:
- your history of non-compliance with visa conditions;
- the period that you have been an unlawful non-citizen;
- the reason/s why you became an unlawful non-citizen;
- the reason/s why you did not seek to regularise your visa status sooner; and
- the steps that you took (if any) to regularise your lawful status in Australia (other than applying for the current visa).
We highly recommend you look for professional advice if you’ve been unlawful in Australia and you wish to apply for a partner visa.
READ MORE FAQ
CAN I APPLY FOR PARTNER VISA IF I’M ON A BRIDGING VISA?
If you’re on a bridging visa at the time of a partner visa application, you will need a schedule 3 waiver. In other words, you will need “compelling reasons”.
Compelling reasons for granting a substantive visa can be both based on personal circumstances or circumstances of another.
Examples include but are not limited to:
- The applicant and their partner have an Australian child; In this case the child might be adversely affected in the absence of one of the parents.
- The Australian partner will suffer if the applicant is not granted the substantive visa; or
- Circumstances which are beyond the control of the applicant, for example, serious illness or accident. For example, a serious illness prevented the person to apply for a new visa before the expiration of the previous visa.
That said, it’s not easy to convince the Department you have genuine compelling reasons. You should seek legal advice.
Here at Gold Migration we have successfully represented many clients with schedule 3 waiver applications…
I HAVEN’T LIVED WITH MY PARTNER FOR 12 MONTHS. cAN i STILL APPLY FOR ONSHORE PARTNER VISA?
Yes, you can register your relationship at Births, Deaths and Marriages if you live in one of these states: ACT, Victoria, New South Wales, South Australia, Queensland or Tasmania. However, you need to show that you are living together but not necessarily for 12 months, as well as prove that you have a genuine relationship moving ahead.
Registration is not available in the Northern Territory.
Registration is available in Western Australia. HOWEVER, it CANNOT be used for Migration purposes. The DHA will NOT accept a Registration of Relationship Certificate from Western Australia.
If the relationship registration is not yet approved after you have lodged you partner visa application you will still eliminate the need for 12 months living together.
Having said that, if you haven’t lived with your partner for 12 months, we recommend you to seek legal advice as your chances of getting a partner visa refusal are high.
I’m on a visitor visa in australia. can i apply for onshore partner visa?
Yes, if you have a genuine relationship with an Australian resident or citizen and you meet the de facto criteria (12 months living together) you can apply for a Subclass 820 Onshore Partner Visa. If you don’t meet the 12-month criteria, you must register your relationship at Births, Deaths and Marriages if you are in one of these states: ACT, Victoria, New South Wales, South Australia, Queensland or Tasmania. However, you need to show that you are living together but not necessarily for 12 months, as well as prove that you have a genuine relationship moving ahead.
WHAT HAPPENS IF MY CURRENT VISA EXPIRES BEFORE I’M GRANTED A TEMPORARY PARTNER VISA (SUBCLASS 820)?
If your current visa ends before you are granted the partner visa (SUBCLASS 820), you can stay in Australia on a Bridging visa A (BVA). You don’t need to apply for a BVA. You will be automatically granted BVA after you apply for your partner visa subclass 820. The BVA starts when your current temporary visa ends.
The BVA does not let you travel out of Australia and return. If you want to travel out of Australia, you must apply for a Bridging visa B (BVB).
AM I ALLOWED TO WORK IN AUSTRALIA IF I GET A BRIDGING VISA A (BVA) OR A BRIDGING VISA B (BVB) WHILE WAITING ON MY PARTNER VISA SUBCLASS 820?
Yes, you can work in Australia while waiting on your partner visa subclass 820 decision if you have BVA or BVB.
AM I ALLOWED TO STUDY IN AUSTRALIA IF I GET A BRIDGING VISA A (BVA) OR A BRIDGING VISA B (BVB) WHILE WAITING ON MY PARTNER VISA SUBCLASS 820?
Yes, you can study in Australia while waiting on your partner visa subclass 820 decision if you have BVA or BVB. However, you are not entitled to Government support to pay for your studies.
AM I ENTITLED TO MEDICARE (AUSTRALIA’S HEALTHCARE SCHEME) IF I GET A BRIDGING VISA “A” (BVA) OR A BRIDGING VISA “B” (BVB) WHILE WAITING ON MY PARTNER VISA SUBCLASS 820?
Yes, you can enrol in Medicare while on BVA or BVB and waiting on your partner visa subclass 820 decision.
CAN I CANCEL MY CURRENT VISA BEFORE APPLYING FOR A PARTNER VISA SUBCLASS 820?
If you cancel your current visa you will become an unlawful non-citizen in Australia. This means you will not be eligible for a Bridging visa A, B, or C. You will only be entitled for a Bridging visa E. And you must lodge an application for a Bridging visa E.
The problem is that if you are holding a Bridging Visa E (BVE) you will need to meet schedule 3 criteria or compelling reasons to be able to apply for a partner visa subclass 820.
WHAT IS THE ESTIMATED PARTNER VISA PROCESSING TIME?
Below are the estimated processing time for all partner visas according to the Department of Home Affairs:
PARTNER VISA (SUBCLASS 820): between 23 and 30 months
PARTNER VISA (SUBCLASS 801): between 9 and 14 months
PARTNER VISA (SUBCLASS 309): between 21 and 28 months
PARTNER VISA (SUBCLASS 100): between 19 and 27 months
PARTNER VISA (SUBCLASS 300): between 25 and 34 months
But that’s not to say you can’t speed up your partner visa processing time.
Here at Gold Migration Lawyers we have had record-breaking partner visas’ processing times.
On 7 June 2021, a Nepalese national who hired us to prepare and lodge his partner visa application (Subclass 820) got it approved in only 3 months and 3 days.
Less than a month later, on 1 July 2021, a Thai client got her Partner Visa approved in just 4 months and 15 days.
What’s the secret? Visit this page to find out secrets, tips and advice to fast track your partner visa application.
IS IT POSSIBLE TO FAST TRACK A PARTNER VISA PROCESSING TIME?
Here at Gold Migration Lawyers we have had record-breaking partner visas’ processing times.
On 7 June 2021, a Nepalese national who hired us to prepare and lodge his partner visa application (Subclass 820) got it approved in only 3 months and 3 days. Less than a month later, on 1 July 2021, a Thai client got her Partner Visa approved in just 4 months and 15 days.
And more recently we had a partner visa (subclass 309) granted in only 2.5 months.
Part of the secret to speed up your partner visa processing time lies in how you structure the statutory declaration.
Events must follow a sequential order.
Everything must be interconnected.
No inconsistencies. It’s almost like writing a movie script.
To know all the secrets and tips to speed up your partner visa processing time visit this page secrets to fast track your partner visa application.
how much does a partner visa immigration LAWYER charge?
Partner visa immigration lawyer fees vary according to the experience of the lawyer.
If your partner visa application is not an easy one, find the best partner visa agent to help you with your application. If you are serious about getting your partner visa approved, of course.
Think about it. It’s like searching for a Doctor…
If you have some serious heart condition, you better off consulting with a top Cardiologist. Your chances of survival will dwindle if you just consult with a General Practitioner. And you definitely wouldn’t do your heart treatment with a Gastroenterologist also.
Needless to say, the cost of a General Practitioner consult is much cheaper than a consult with a Cardiologist. But it’s of your best interest that you find a good cardiologist if you want to increase your chances of survival, even if you have to pay more for that.
Likewise, if you are applying for a partner visa, consult with an agent or lawyer who specialises in partner visas, even if you have to pay a little more for that.
As the old saying goes: “you get what you pay for”.
If your partner visa application is refused, you will have to appeal to the AAT. And to have good chances of having this refusal overturn in the Administrative Appeals Tribunal you will have to hire a very good lawyer. You will end up spending way more than if you had hired a specialised lawyer or agent to prepare and lodge your partner visa application from the outset.
Gold Migration specialises in partner visas. We have 12+ years of experience. And a staggering 98.9% approval rate.
In 2020, Gold Migration was rated “Best Partner Visa Lawyers” in Australia by TTL. You can contact one of our top partner visa lawyers by clicking here.
You can find more information about partner visa migration lawyers on this page: Everything you need to know before booking your first consultation with a partner visa immigration lawyer.
I don’t live in Australia, can I APPLY FOR an Australian Partner Visa?
Yes, you can apply for an offshore partner visa you are in a relationship with an Australian permanent resident or citizen. However, you must have met your partner in person before and demonstrate a genuine relationship. If that’s the case, you may be eligible to apply for a partner visa subclass 309 or even a prospective marriage visa (subclass 300).
Another option would be to come to Australia as a visitor and once you are here you may apply for an onshore partner visa (subclass 820).
I am in Australia on a Visitor Visa (SUBCLASS 600). Can I apply for a partner visa?
Yes, you are in Australia as a visitor you may apply for an onshore partner visa (subclass 820) as long as you have a genuine relationship with an Australian permanent resident or citizen and meets all the other requirements for onshore partner visa.
I APPLIED FOR aN ONSHORE partner visa (SUBCLASS 820). UNFORTUNATELY My PARTNER (SPONSOR) PASSED AWAY. WILL MY APPLICATION BE CANCELLED OR REFUSED?
You will need to provide the Department of Home Affairs (DHA) with the death certificate of your partner, as well as a letter explaining the circumstances. If the Department of Home Affairs accepts that had your wife not died, your relationship would have continued, you will be granted a partner visa.
