A Frequently Asked Questions (FAQ section) provides clear, concise answers to common questions, addressing concerns and offering quick solutions to enhance user experience and resolve frequent inquiries.
PARTNER VISA GENERAL FAQs
What is a Partner Visa in Australia?
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.
What are the different types of Partner Visas available in Australia?
The main types are:
1) Subclass 820/801 (Onshore Partner Visa)
2) Subclass 309/100 (Offshore Partner Visa)
3) Subclass 300 (Prospective Marriage Visa)
1) Subclass 820/801 (Onshore Partner Visa)
2) Subclass 309/100 (Offshore Partner Visa)
3) Subclass 300 (Prospective Marriage Visa)
Who can apply for a Partner Visa in Australia?
Anyone in a real and ongoing relationship with an Australian citizen can apply. This also includes permanent residents and eligible New Zealand citizens.
Can same-sex couples apply for a Partner Visa?
Yes, Australia recognizes same-sex relationships for Partner Visa applications.
What are the eligibility criteria for a Partner Visa?
1) Be in a genuine and continuing relationship
2) Be married or in a de facto relationship
3) Have an Australian citizen, permanent resident, or eligible New Zealand citizen sponsor
4) Meet health and character requirements
2) Be married or in a de facto relationship
3) Have an Australian citizen, permanent resident, or eligible New Zealand citizen sponsor
4) Meet health and character requirements
What is a de facto relationship for a Partner Visa?
A de facto relationship means you and your partner have lived together for at least 12 months. It also means you share a committed relationship.
Can I travel while waiting for my Partner Visa?
1) If you hold a Bridging Visa A (BVA), you need a Bridging Visa B (BVB) before leaving Australia.
2) If you applied offshore, you cannot enter Australia until your visa is granted.
2) If you applied offshore, you cannot enter Australia until your visa is granted.
What evidence is required to prove a genuine relationship?
1) Joint bank statements
2) Photos together
3) Travel history
4) Lease agreements
5) Statutory declarations from friends/family
2) Photos together
3) Travel history
4) Lease agreements
5) Statutory declarations from friends/family
What if we haven’t lived together for 12 months?
You may still qualify if you have compelling reasons or register your relationship.
Can I apply for a partner visa without a lawyer?
Yes, you can apply for a partner visa without a lawyer through the Department of Home Affairs website. However, the process can be complex and requires detailed documentation to prove that your relationship is genuine and ongoing.
Many applicants choose to work with experienced lawyers to ensure their application is well-prepared and decision-ready, reducing the risk of delays or refusal. If you need guidance with your partner visa application, you can contact experts at Emigrate Lawyers for professional legal advice and support throughout the process.
Many applicants choose to work with experienced lawyers to ensure their application is well-prepared and decision-ready, reducing the risk of delays or refusal. If you need guidance with your partner visa application, you can contact experts at Emigrate Lawyers for professional legal advice and support throughout the process.
What is the 3 6 9 rule in relationships?
The 3 6 9 rule in relationships is a general guideline that suggests evaluating your relationship at three key stages: 3 months, 6 months, and 9 months. At 3 months, you assess initial compatibility and attraction; at 6 months, you evaluate emotional connection and consistency; and by 9 months, you consider long-term potential and commitment. While not a strict rule, it helps individuals reflect on whether the relationship is progressing in a healthy and meaningful way.
Is it better to get a fiance visa or spouse visa?
Choosing between a fiancé visa (Subclass 300) and a spouse/partner visa (Subclass 820/801 or 309/100) depends on your relationship status and future plans. A fiancé visa is suitable if you are not yet married and plan to marry in Australia, but it requires a second partner visa application after marriage, making it a longer, two-step process. A spouse or partner visa is ideal if you are already married or in a genuine de facto relationship, offering a direct pathway from temporary to permanent residency with a single application. Generally, the spouse visa is considered better for most couples because it is simpler, more direct, and avoids the extra steps and costs of a fiancé visa.
PARTNER VISA (SUBCLASS 820/801)
BEFORE APPLYING 820/801
Am I eligible to apply for a Partner Visa (Subclass 820/801)?
You are eligible if you:
1) Are in a genuine and continuing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
2) Are married or in a de facto relationship.
3) Are in Australia at the time of application.
4) Meet health and character requirements.
1) Are in a genuine and continuing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
2) Are married or in a de facto relationship.
3) Are in Australia at the time of application.
4) Meet health and character requirements.
Do I need to be married or in a de facto relationship to apply?
Yes, you must be either legally married or in a de facto relationship (for at least 12 months unless exempt).
Can I apply for Subclass 820 if I am in a de facto relationship?
Yes, you can apply for Subclass 820 if you are in a de facto relationship. You must have lived together for at least 12 months. You also need to provide proof of your relationship.
Can I apply for the Subclass 801 visa immediately after the 2-year period of holding Subclass 820?
You are automatically considered for the Subclass 801 visa after 2 years of holding the Subclass 820 visa. There is no separate application required, but you must prove that the relationship is still genuine.
What documents do I need to submit when applying for Subclass 820/801?
1) Passport and identity documents
2) Relationship evidence (joint financial records, shared bills, lease agreements, etc.)
3) Police clearance certificates from all countries you’ve lived in for 12+ months in the last 10 years
4) Medical examination reports
5) Form 888 (statutory declarations from family and friends)
2) Relationship evidence (joint financial records, shared bills, lease agreements, etc.)
3) Police clearance certificates from all countries you’ve lived in for 12+ months in the last 10 years
4) Medical examination reports
5) Form 888 (statutory declarations from family and friends)
How do I prove that I am in a genuine and ongoing relationship for Subclass 820/801?
You can show your relationship by giving documents. These can include joint bank accounts, shared utility bills, rental agreements, personal statements, and photos of your life together.
Can I apply for Subclass 820 if I have children from a previous relationship?
Yes, you can include your children in the Subclass 820 application. They must be under 18 years old or financially dependent.
Do I need to provide medical and police checks when applying for Subclass 820/801?
Yes, you may need to provide updated medical and police checks when applying for the Subclass 801 visa, depending on how much time has passed since your initial checks for the Subclass 820 visa.
How long will it take for my Subclass 820 visa application to be processed?
Processing times for the Subclass 820 visa usually range from 12 to 29 months, depending on factors such as the completeness of your application and the current volume of applications.
Do I need statutory declarations from family and friends?
Yes, Form 888 (statutory declaration) from family, friends, or colleagues shows that others see your relationship as real.
AFTER APPLYING SUBCLASS 820/801
What happens after I submit my Partner Visa application?
1) Once you apply, you will get a letter from the Department of Home Affairs. This letter will confirm that they received your application.
2) If you apply onshore, you will usually get a Bridging Visa A (BVA). This visa lets you stay in Australia legally while you wait for a decision.
2) If you apply onshore, you will usually get a Bridging Visa A (BVA). This visa lets you stay in Australia legally while you wait for a decision.
Will I get a Bridging Visa after applying for a Partner Visa?
1) Yes, if you applied onshore (Subclass 820), you will be granted a Bridging Visa A (BVA) automatically.
2) This allows you to stay in Australia lawfully until a decision is made on your visa.
3) If you applied offshore (Subclass 309), you won’t get a Bridging Visa and must wait outside Australia.
2) This allows you to stay in Australia lawfully until a decision is made on your visa.
3) If you applied offshore (Subclass 309), you won’t get a Bridging Visa and must wait outside Australia.
Can I work while waiting for my Subclass 820 visa application to be processed?
Yes, if you are granted a Bridging Visa A (BVA) while waiting for your Subclass 820 visa, you can work in Australia. However, if your Bridging Visa doesn’t have work rights, you can apply for a work rights waiver.
What happens after I am granted Subclass 820?
Once you get the Subclass 820 visa, you can live, work, and study in Australia. This is while your relationship is checked. After 2 years, you will be eligible for the Subclass 801 visa, which grants you permanent residency.
What documents should I submit for Subclass 801 after holding Subclass 820 for 2 years?
You need to submit updated proof of your ongoing relationship. This includes shared financial records and living arrangements. It also includes photos and anything else that shows your partnership is still strong.
Can my children apply for a visa along with me under Subclass 820 or 801?
Yes, you can include your children in your Subclass 820 or Subclass 801 application. They must be under 18 years old or financially dependent on you. You must include their details in your application.
How long does it take to process the Subclass 801 visa after holding Subclass 820?
The processing time for Subclass 801 visas is typically 1 to 2 years after holding the Subclass 820 visa. This depends on your specific situation and the Department’s workload.
Do I need to provide new medical or police checks when applying for Subclass 801?
Yes, you may need to provide updated medical and police checks for the Subclass 801 application. This is necessary if a lot of time has passed since you first submitted your Subclass 820 application.
What should I do if I have been waiting for my Subclass 820 or 801 visa for longer than expected?
If you think your visa is taking longer than expected, check your application status in your ImmiAccount. If necessary, contact the Department of Home Affairs for clarification.
How can I appeal if my Subclass 820 visa is refused?
If your Subclass 820 visa is refused, you can appeal the decision to the Administrative Appeals Tribunal (AAT). You must appeal within the prescribed timeframe and provide any additional evidence to support your case.
PARTNER VISA (SUBCLASS 309/100)
BEFORE APPLYING SUBCLASS 309/100
What is the difference between Subclass 309 and Subclass 100 visas?
The Subclass 309 is a temporary partner visa. It lets you stay in Australia while your relationship is checked. The Subclass 100 visa is a permanent partner visa. You can get it after holding the Subclass 309 visa for at least 2 years. This is true only if your relationship is still genuine.
Can I apply for Subclass 309 if I am already in Australia?
No, you must apply for the Subclass 309 visa while you are outside of Australia. If you are in Australia, you can apply for the Subclass 820 visa.
What are the eligibility criteria for the Subclass 309 visa?
To get the Subclass 309 visa, you need to be in a real and lasting relationship. Your partner must be an Australian citizen, a permanent resident, or a qualified New Zealand citizen. You must also be outside Australia when applying.
How long does it take to process the Subclass 309 visa application?
The processing time for the Subclass 309 visa is usually 14 to 26 months. However, it can change based on your case and the number of applications at that time.
What documents do I need to submit when applying for Subclass 309?
You need to show proof of your relationship. This can include joint bank accounts, rental agreements, photos, and messages. You can also include statements from friends and family.
Can my children be included in the Subclass 309 application?
Yes, you can include dependent children under 18 years of age in your Subclass 309 visa application. You will need to provide their birth certificates and other necessary documentation.
AFTER APPLYING SUBCLASS 309/100
Can I work in Australia while my Subclass 309 application is being processed?
If you are granted a Bridging Visa A (BVA), you may be allowed to work in Australia. If your BVA does not have work rights, you can apply for work rights through the Department of Home Affairs.
How long will I have to wait for the Subclass 100 visa after the Subclass 309 is granted?
After being granted the Subclass 309 visa, you must wait 2 years before being granted the Subclass 100 visa. The Department will check your case for the Subclass 100 visa after 2 years. This will happen if your relationship is still genuine.
What if I get divorced after my Subclass 309 visa is granted?
If your relationship ends after you get the Subclass 309 visa, it may impact your chances for the Subclass 100 visa. However, if your relationship ended due to domestic violence, you may still be eligible for the Subclass 100 visa.
Can I apply for another visa while my Subclass 309 application is being processed?
Yes, you can apply for another visa while your Subclass 309 visa is being processed. However, this may impact the processing of your Subclass 309 visa and should be discussed with a migration agent.
What documents will I need to submit for the Subclass 100 visa?
For the Subclass 100 visa, you must show proof of your ongoing relationship. This can include joint financial records, photos, and other documents. These items should prove that your relationship is real and continues after you have the Subclass 309 visa.
PROSPECTIVE MARRIAGE VISA (SUBCLASS 300)
BEFORE APPLYING SUBCLASS 300
What is a Prospective Marriage Visa (Subclass 300)?
This visa lets a fiancé(e) of an Australian citizen, permanent resident, or eligible New Zealand citizen enter Australia. They must marry their partner within 9 months. After that, they can apply for a Partner Visa.
Can I apply for the Subclass 300 visa if I’m already in Australia?
Yes, you can apply for the Subclass 300 visa while in Australia. You must have a valid visa and meet all eligibility requirements.
Can I include my children in the Prospective Marriage Visa (Subclass 300) application?
Yes, you can include your dependent children in your Subclass 300 visa application. They must meet the dependency criteria. This usually means they are under 18 years old or dependent because of full-time study or a disability.
What documents do I need to submit with my Subclass 300 application?
You need to provide documents that show your relationship is real and ongoing. This includes details about your engagement, photos, communication history, and statements from family and friends. You will also need to provide identity documents, health checks, and police clearances.
AFTER APPLYING SUBCLASS 300
Do I need to marry immediately after the Subclass 300 visa is granted?
You must marry your partner within 9 months of being granted the Subclass 300 visa. If you do not marry within this time frame, the visa will be canceled, and you may be required to leave Australia.
How can I check the status of my Subclass 300 visa application?
You can check your Subclass 300 visa application status by logging into your ImmiAccount. Go to the Department of Home Affairs website. This will allow you to track updates and any requests for further information.
Can I work in Australia while my Subclass 300 visa is being processed?
If you get a Bridging Visa A (BVA) after applying for Subclass 300, you might have few or no work rights. You can apply for a work rights waiver if needed. You must apply for a Bridging Visa B (BVB) if you intend to leave Australia.
What happens if my relationship ends after applying for the Subclass 300 visa?
If your relationship ends after applying for the Subclass 300 visa, you should notify the Department of Home Affairs. If you are no longer in a genuine relationship, it could result in a refusal of the visa. However, if the breakup was due to domestic violence, you may still be eligible for a visa.
Can I apply for a Partner Visa (Subclass 820/801) after I marry on the Subclass 300 visa?
Yes, after marrying in Australia on the Subclass 300 visa, you can apply for the Partner Visa (Subclass 820/801). The Subclass 820 will be your temporary visa, and the Subclass 801 will be your permanent visa.
Can I get married before the Subclass 300 visa is granted?
You must be engaged when you apply for the Subclass 300 visa. However, you can get married after the visa is granted. Just make sure it happens within 9 months.
What should I do if I do not marry within 9 months of receiving the Subclass 300 visa?
If you do not marry within 9 months of getting the Subclass 300 visa, the visa will expire. You will need to leave Australia unless you apply for a different visa or ask for a visa extension.
PARTNER VISA FURTHER QUERIES
What is the difference between a Partner visa and a Prospective Marriage visa in Australia?
A Partner visa (subclasses 820/801 or 309/100) is for individuals who are married or in a de facto relationship with an Australian citizen or permanent resident. A Prospective Marriage visa (subclass 300) is for those who are engaged and intend to marry in Australia before applying for a Partner visa.
How long does it take to process a Partner visa in Australia?
The temporary Partner visa (subclass 820 or 309) typically takes 15 to 20 months, and the permanent stage (subclass 801 or 100) may take an additional 12 to 15 months. Times can vary based on individual circumstances and application completeness.
For more updated processing time, check the processing time tool on the Department of Home Affairs' website.
For more updated processing time, check the processing time tool on the Department of Home Affairs' website.
What documents are required for a Partner visa in Australia?
You must provide proof of your genuine and continuing relationship, including:
🔷Shared financial responsibilities (bank statements, bills)
🔷 Joint lease/mortgage or living arrangements
🔷 Social proof (photos, travel history, messages)
🔷 Statements from friends and family
🔷 Personal relationship statements from both partners
🔷Shared financial responsibilities (bank statements, bills)
🔷 Joint lease/mortgage or living arrangements
🔷 Social proof (photos, travel history, messages)
🔷 Statements from friends and family
🔷 Personal relationship statements from both partners
How much does a Partner visa cost in Australia?
As of 2025, the base application charge for a Partner visa is AUD 9,095. Additional charges may apply for dependents and secondary applicants. Refer to the Department of Home Affairs for the latest fees.
Can I work in Australia on a Partner visa?
Yes. Once granted the temporary Partner visa (subclass 820 or 309), you will have full work rights while your permanent visa is being processed. Depending on the substantive visa you are holding when lodging subclass 820, you may have full work rights on the bridging visa granted in association with your onshore partner visa. If you are unsure, it is advised that you consult with a immigration lawyer.
Can I stay in Australia while my Partner visa is processing?
If you applied for a Partner visa onshore (subclass 820/801), and you hold a substantive visa at the time of visa application, you will be granted a Bridging Visa A (BVA) allowing you to stay lawfully in Australia while your application is processed.
Do I need to be living with my partner to apply for a Partner visa in Australia?
Not necessarily. Under section 5CB of the Migration Act, a genuine and continuing relationship can exist even if you are temporarily not living together — as long as the separation is not permanent and you meet other relationship criteria.
Can I add my child to my Partner visa application later?
Yes. You can apply for a Dependent Child visa (subclass 445) to include your child after you are granted a temporary Partner visa. The child must be under 18 or dependent, and unmarried.
What happens if my relationship ends after I apply for a Partner visa?
You may still be eligible for permanent residency if:
🔷 Your partner passes away
🔷 You experienced family violence
🔷 You share custody of a child with your former partner
Relevant clauses in Schedule 2 of the Migration Regulations 1994 may apply.
🔷 Your partner passes away
🔷 You experienced family violence
🔷 You share custody of a child with your former partner
Relevant clauses in Schedule 2 of the Migration Regulations 1994 may apply.
How long can I stay in Australia on a Prospective Marriage visa?
A Prospective Marriage visa (subclass 300) is usually valid for 9 months. You must marry your partner within this period and then apply for a Partner visa.
Can I travel on a Prospective Marriage visa?
Yes, the subclass 300 visa allows multiple entries into Australia during its 9-month validity.
What is the eligibility for an Australian Partner visa?
To be eligible, you must:
🔷 Be married or in a de facto relationship for 12 months
🔷 Be sponsored by an eligible Australian or NZ citizen or permanent resident
🔷 Provide evidence of a genuine and continuing relationship
🔷Be 18 years or older
🔷 Be married or in a de facto relationship for 12 months
🔷 Be sponsored by an eligible Australian or NZ citizen or permanent resident
🔷 Provide evidence of a genuine and continuing relationship
🔷Be 18 years or older
What are the five factors considered for a Partner visa relationship assessment?
The Department considers:
🔷 History of the relationship
🔷 Financial aspects
🔷 Nature of the household
🔷 Social recognition
🔷 Nature of commitment
🔷 History of the relationship
🔷 Financial aspects
🔷 Nature of the household
🔷 Social recognition
🔷 Nature of commitment
What is the second stage of the Partner visa process in Australia?
Two years after lodging your Partner visa application, you will be invited to submit additional documents for assessment of your permanent residency (subclass 801 or 100). This is not a new visa application but part of the original process.
What is the definition of a de facto relationship under Australian migration law?
Under section 5CB of the Migration Act 1958, a de facto relationship requires:
🔷 A mutual commitment to a shared life
🔷 A genuine and continuing relationship
🔷 Living together (or not permanently separated)
🔷 Not being related by family
🔷 A mutual commitment to a shared life
🔷 A genuine and continuing relationship
🔷 Living together (or not permanently separated)
🔷 Not being related by family
Can same-sex couples apply for a Partner visa in Australia?
Yes. Same-sex couples are treated equally under Australian migration law and are eligible for Partner and Prospective Marriage visas if they meet the same criteria. 🏳️🌈
Can I sponsor more than one partner under the Partner visa program?
You generally cannot sponsor more than two people for a Partner visa in your lifetime, and there must be a 5-year gap between sponsorships unless compelling circumstances exist.
What is the visa subclass for offshore Partner visa applications?
Offshore applicants apply for Partner visa subclass 309 (temporary) and subclass 100 (permanent) simultaneously.
How do I prepare a relationship statement for a Partner visa?
Include:
🔷 How you met
🔷 Milestones in your relationship
🔷 How you share responsibilities
🔷 Your future plans together
This statement should be signed and dated by both partners.
🔷 How you met
🔷 Milestones in your relationship
🔷 How you share responsibilities
🔷 Your future plans together
This statement should be signed and dated by both partners.
Where can I find the most current Australian visa fees?
Visit the Department of Home Affairs' visa fees and charges page for the most up-to-date pricing and use their Visa Pricing Estimator.
Can a Partner Visa be refused in Australia?
Yes, a Partner Visa can be refused if the applicant fails to meet the eligibility criteria or does not provide sufficient evidence to prove a genuine and continuing relationship. Other reasons include character issues, health concerns, or incomplete documentation.
What are the most common reasons for a Partner Visa refusal?
The most common reasons for Partner Visa refusals include:
🔷 Lack of evidence of a genuine relationship
🔷 Incomplete or inconsistent documentation
🔷 Failure to meet the legal definition of a spouse or de facto partner
🔷 Criminal history or health issues
🔷 Applying without fully understanding the visa requirements
🔷 Lack of evidence of a genuine relationship
🔷 Incomplete or inconsistent documentation
🔷 Failure to meet the legal definition of a spouse or de facto partner
🔷 Criminal history or health issues
🔷 Applying without fully understanding the visa requirements
How can I avoid a Partner Visa refusal?
To avoid a Partner Visa refusal, ensure you:
Meet all eligibility requirements
🔷 Provide strong evidence across financial, social, household, and commitment aspects
🔷 Seek tailored legal advice from an experienced immigration lawyer.
🔷 Prepare a well-structured application specific to your relationship
Meet all eligibility requirements
🔷 Provide strong evidence across financial, social, household, and commitment aspects
🔷 Seek tailored legal advice from an experienced immigration lawyer.
🔷 Prepare a well-structured application specific to your relationship
What should I do if my Partner Visa is refused?
If your Partner Visa is refused, you can:
🔷 Appeal to the Administrative Review Tribunal (ART) within the deadline
🔷 Re-lodge a new Partner Visa application with stronger documentation
It is highly recommended to consult a migration lawyer or agent before taking the next step.
🔷 Appeal to the Administrative Review Tribunal (ART) within the deadline
🔷 Re-lodge a new Partner Visa application with stronger documentation
It is highly recommended to consult a migration lawyer or agent before taking the next step.
Can I appeal a Partner Visa refusal decision in Australia?
Yes, you can appeal a Partner Visa refusal to the Administrative Review Tribunal (ART). However, you must lodge the appeal within a strict timeframe, usually 21 to 70 days, depending on the visa subclass and notification date.
What happens if my Partner Visa appeal is successful?
If your appeal is successful, the ART may remit the decision to the Department of Home Affairs, directing them to reconsider your application and continue processing it. The ART cannot grant the visa directly.
How long do I have to appeal a Partner Visa refusal?
You typically have 21 to 70 days from the date of refusal to lodge an appeal to the ART. The exact timeframe depends on your visa subclass and where you were located when the decision was made.
Can I reapply after my Partner Visa is refused?
Yes. You can submit a new Partner Visa application at any time, provided you meet the eligibility criteria. However, it’s best to wait until you have addressed the issues that caused the refusal and obtained professional migration advice.
Does using a migration lawyer help reduce the risk of Partner Visa refusal?
Yes. Engaging a Registered Migration Agent or immigration lawyer can greatly improve your chances of success by ensuring your application is accurate, compliant, and backed by the right evidence.
What are the red flags that increase the risk of a Partner Visa refusal?
Some common red flags include:
🚩 Minimal or poor-quality evidence of a relationship
🚩 Inconsistent statements or documentation
🚩 Short relationship duration
🚩 Criminal records or adverse immigration history
🚩 Poorly prepared applications without legal advice
🚩 Minimal or poor-quality evidence of a relationship
🚩 Inconsistent statements or documentation
🚩 Short relationship duration
🚩 Criminal records or adverse immigration history
🚩 Poorly prepared applications without legal advice
What is the Partner Visa refusal rate in Australia?
According to the Department of Home Affairs, the Partner Visa refusal rate in 2021–2022 was 4.2%. While relatively low, most refusals occur due to lack of documentation or misunderstanding eligibility requirements.
What kind of evidence is needed to avoid Partner Visa refusal?
You need strong evidence across four key areas:
🔷 Financial (joint bank accounts, shared bills)
🔷 Social (photos, travel, statements from friends)
🔷 Household (lease agreements, chores sharing)
🔷 Commitment (long-term plans, communication records)
🔷 Financial (joint bank accounts, shared bills)
🔷 Social (photos, travel, statements from friends)
🔷 Household (lease agreements, chores sharing)
🔷 Commitment (long-term plans, communication records)
Can a Partner Visa be refused due to criminal history?
Yes. If you or your sponsor has a significant criminal record, this may impact your Partner Visa outcome. The Department assesses all character issues under Section 501 of the Migration Act 1958.
Can I apply for another visa if my Partner Visa is refused?
In some cases, yes. Depending on your circumstances, you might be eligible to apply for another visa type. However, Section 48 of the Migration Act may limit your options if you’re in Australia when the visa is refused.
How do I prepare a strong Partner Visa application to avoid refusal?
🔷 Understand the correct visa subclass
🔷 Gather tailored evidence, not just a generic checklist
🔷 Prepare detailed relationship statements
🔷 Seek legal advice to confirm eligibility
🔷 Address all four relationship aspects clearly
🔷 Gather tailored evidence, not just a generic checklist
🔷 Prepare detailed relationship statements
🔷 Seek legal advice to confirm eligibility
🔷 Address all four relationship aspects clearly
Is it better to appeal or reapply after a Partner Visa refusal?
It depends. If you believe the original decision was made in error and you have strong grounds, appealing to the ART may be appropriate. If your evidence was weak, reapplying after gathering stronger documentation may be a better option.
How much does it cost to appeal a Partner Visa refusal?
As of 2025, the standard fee to lodge an appeal with the Administrative Review Tribunal (ART) is AUD 3,374. A 50% refund may be given if the decision is successful. Fees are subject to change.
What is a strong Partner Visa evidence strategy?
A strong strategy includes:
🔷 Personalised planning (not relying on templates)
🔷 Consistent timelines across all documents
🔷 Written statements detailing your relationship journey
🔷 Evidence tailored to meet the four key criteria of the relationship
🔷 Personalised planning (not relying on templates)
🔷 Consistent timelines across all documents
🔷 Written statements detailing your relationship journey
🔷 Evidence tailored to meet the four key criteria of the relationship
Can medical issues lead to Partner Visa refusal?
Yes. The Department may refuse a visa if the applicant has serious medical conditions that would impose significant costs on Australia’s healthcare system. A health waiver may be possible in some cases. Emigrate Lawyers has had many successful health waivers. For example, our Principal lawyer Mr Madhab Kharel has successfully assisted Applicants with HIV, obtain their partner visa.
Should I apply for a Partner Visa myself or use a migration lawyer?
While you can apply on your own, using a migration lawyer or Registered Migration Agent significantly reduces the risk of refusal. Professionals help ensure your application is well-prepared, complete, and meets legal criteria.
