Partner Visas in Australia: What You Need to Know

At Morgan Clifford Legal Services, we work with couples across Brisbane and throughout Queensland who are looking to build a life together in Australia. One of the most common pathways for doing so is through a partner visa.

Whether you’re married, in a de facto relationship, or engaged to be married, understanding the partner visa options available—and the requirements involved—is essential for a successful application.

Applying for a partner visa can be a deeply personal and emotional journey, but it’s also a legal process that demands careful preparation and accuracy.

Here’s what you need to know if you’re considering lodging a partner visa application.

What Is a Partner Visa?

A partner visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia.

There are several visa subclasses available depending on your circumstances:

• Subclass 820/801 – Onshore Partner Visa
• Subclass 309/100 – Offshore Partner Visa
• Subclass 300 – Prospective Marriage Visa (also known as the fiancé visa)

These visas are usually processed in two stages: the temporary visa first (subclass 820 or 309), followed by the permanent visa (subclass 801 or 100) after a waiting period and further assessment.

Who Can Apply?

You may be eligible to apply for a partner visa if:

• You are married to, or in a genuine de facto relationship with, an Australian citizen, permanent resident, or eligible New Zealand citizen. (You are in a committed relationship and can provide evidence of shared life and mutual support.)
• In the case of a Subclass 300 visa, you are engaged to be married and plan to marry your partner in Australia within the visa period.

It’s important to note that a de facto relationship usually requires you to have lived together for at least 12 months, although exceptions may apply in certain cases (such as registering the relationship with a state authority).

Key Requirements for a Successful Application

Partner visas are complex and heavily evidence-based. The Department of Home Affairs will assess whether your relationship is genuine and ongoing.

To support your case, you will need to provide documents across four key areas:

1. Financial aspects – joint bank accounts, shared bills, evidence of financial support.
2. Social aspects – photographs, travel together, statements from family and friends.
3. Household arrangements – evidence of shared living, rental agreements, utilities.
4. Commitment to each other – joint plans for the future, communication records, wills or superannuation nominations.

In addition, both the sponsor and the applicant must meet health and character requirements, including police checks and medical examinations.

Common Challenges We See

As experienced migration lawyers, we often see clients who run into issues with their partner visa applications due to:

• Insufficient evidence of their relationship.
• Inconsistencies in personal statements or timelines.
• Unregistered de facto relationships with less than 12 months of cohabitation.
• Prior visa breaches or unlawful status in Australia.
• Previous visa refusals, which can affect eligibility.

These challenges can lead to delays—or worse, refusals. That’s why it’s critical to get legal guidance before lodging your application.

How We Can Help

At Morgan Clifford Legal Services, we offer strategic, compassionate, and thorough support throughout the partner visa process. Here’s what we do for our clients:

• Determine the best visa pathway for your unique situation.
• Assist with preparing and lodging your application, ensuring all required documentation is included.
• Draft clear, legally sound relationship statements.
• Help you register your relationship (if needed) with the Queensland authorities.
• Liaise with the Department of Home Affairs on your behalf.
• Represent you in the event of complications or visa refusal.

Our team is deeply familiar with the documentation and detail required to make your relationship case strong. We take the stress out of the process so you can focus on building your life together.

What Happens After Lodging?

Once your partner visa application is lodged, here’s what to expect:

1. Bridging Visa (if applying onshore) – You may be granted a Bridging Visa that allows you to remain in Australia while your application is processed.
2. Processing Time – These applications can take many months or even years, depending on the subclass and individual circumstances.
3. Permanent Residency Pathway – After holding the temporary visa for at least two years, and provided the relationship is ongoing, you can be assessed for the permanent partner visa.

If your relationship breaks down during the processing period, it may impact your eligibility, although exceptions exist in cases involving domestic violence or where children are involved.

Applying for a Partner Visa

Applying for a partner visa is more than just filling in a form—it’s a legal and emotional journey that demands careful planning and documentation.

At Morgan Clifford Legal Services, we’ve helped countless couples navigate the complexities of Australia’s migration system with confidence.

Whether you’re just starting your application, worried about your current status, or dealing with a visa refusal, we’re here to help.

Let us support your future—together.
 Contact our office today to book a confidential consultation with our experienced migration team.