Love knows no borders, but immigration laws certainly do.

If you’re in a committed relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, obtaining a partner visa is a crucial step in building your life together in Australia.

Whether you’re applying for a temporary or permanent visa, the process can be complex and emotionally taxing.

At Morgan Clifford Legal Services, we are dedicated to guiding couples through this journey, ensuring that your application stands the best chance of success.

What is a Partner Visa?

A partner visa allows the spouse or de facto partner of an eligible Australian resident to live, work, and study in Australia. Depending on your circumstances, you may apply for one of the following:

• Onshore Partner Visa (Subclass 820/801) – Suitable for applicants already in Australia.
• Offshore Partner Visa (Subclass 309/100) – For those applying from outside Australia.

The application process involves a two-stage assessment.

Initially, a temporary visa (Subclass 820 or 309) is granted, followed by eligibility for permanent residency (Subclass 801 or 100) after a waiting period of at least two years.

The key to approval is proving the authenticity and longevity of your relationship.

Common Pitfalls in Partner Visa Applications

Many couples underestimate the scrutiny applied by the Department of Home Affairs when assessing partner visa applications. Some common mistakes include:

1. Inadequate Evidence of Relationship

Migration authorities require substantial proof that your relationship is genuine. Couples who fail to provide a well-documented history of their relationship risk visa refusal. This can include:

• Joint bank account statements
• Shared lease or mortgage documents
• Travel history together
• Evidence of social recognition (photos, messages, invitations from family and friends)

2. Failing to Meet the De Facto Requirements

If you’re applying as a de facto couple (rather than a married couple), you must demonstrate that you have lived together for at least 12 months unless you qualify for an exemption (such as registering your relationship in an Australian state where it’s recognised).

3. Non-Disclosure of Previous Immigration History

Past visa refusals, overstays, or breaches can impact your eligibility. Full transparency with your migration lawyer can help mitigate potential issues.

4. Health and Character Issues

All applicants must meet strict health and character requirements. This includes undergoing medical examinations and police checks from all countries where you have lived for 12 months or more.

How Morgan Clifford Legal Services in Aspley Can Help

Personalised Strategy Tailored to Your Case

Every couple’s situation is unique. Whether you have children together, are in a long-distance relationship, or have previous visa complications, we tailor our legal approach to suit your needs.

Strong Documentation Assistance

Our experienced lawyers ensure your supporting documents are thorough and well-organised, reducing the likelihood of unnecessary delays.

Appeals and Visa Refusals

If your partner visa application has been refused, we can help you appeal the decision at the Administrative Appeals Tribunal (AAT) or explore alternative visa options.

Ongoing Support

Even after you receive your temporary visa, we continue to support you in preparing for the transition to permanent residency.

The Emotional and Financial Commitment

Applying for a partner visa is both an emotional and financial investment. The current cost of a partner visa application is substantial, with fees exceeding $8,000.

Additional costs include medical examinations, police clearances, and document translations if necessary.

The processing time for partner visas varies, often taking 12–24 months for the initial grant of a temporary visa, with the permanent visa following approximately two years later. Planning ahead and ensuring all paperwork is correct the first time can significantly reduce stress and costs.

Alternative Pathways if You Are Not Eligible

If you do not meet the requirements for a partner visa, other options may be available, including:

• Prospective Marriage Visa (Subclass 300) – If you are engaged to an Australian citizen or resident and plan to marry within nine months.
• Visitor Visas – If you need to spend more time together in Australia before applying.
• Other Family Visas – Some individuals may qualify for a visa through family sponsorship.

Consulting with a migration lawyer can help determine the most appropriate option for your situation.

What to Expect During the Application Process

Step 1: Initial Consultation

Meet with a migration lawyer to discuss your relationship and determine eligibility.

Step 2: Gathering Evidence

Compile necessary documents, including financial, social, and cohabitation evidence.

Step 3: Lodging the Application

Submit your visa application online and pay the associated fees.

Step 4: Waiting Period

During processing, applicants onshore may receive a bridging visa, allowing them to stay in Australia.

Step 5: Decision Outcome

If successful, you will receive your temporary visa, with eligibility for a permanent visa two years later.

Partner Visa in Aspley

A partner visa is an excellent pathway for couples who want to build their future together in Australia, but the process can be challenging.

Seeking professional guidance can make all the difference in ensuring your application is complete, accurate, and compelling.

At Morgan Clifford Legal Services in Aspley, we are dedicated to helping couples navigate this journey with confidence.

If you’re considering applying for a partner visa, reach out to our team today for trusted legal advice and assistance.