Partner Visa Lawyers Australia
Partner Visa services for couples and family members
Australian Partner Visa Lawyers for Every Partner Visa Pathway
Our Australian Partner Visa lawyers assist with the main Partner Visa pathways, including
Subclass 820/801, Subclass 309/100, Prospective Marriage Visa Subclass 300 and New Zealand Citizen Family Relationship Visa Subclass 461.
We assess the available pathway, review your visa and sponsorship history, and help prepare relationship evidence and legal submissions. Tell us about any visa expiry, previous refusal or relationship complication so we can identify the issues that need attention before you lodge.
Reviewed by Madhab Kharel, Principal Lawyer — 22 September 2026.
Which Partner Visa service matches your situation?
Select a visa pathway below. The explanation panel will update with the key purpose of the visa and how Emigrate Lawyers can assist.
Subclass 820/801 onshore Partner Visa
The Subclass 820/801 pathway may be relevant where the applicant is in Australia and is the spouse or de facto partner of an eligible sponsor.
- Review applicant and sponsor eligibility.
- Prepare relationship evidence across the four relationship pillars.
- Address visa status, bridging visa and Schedule 3 waiver issues where relevant.
Every Partner Visa story needs the right strategy.
Whether you are applying onshore, offshore, as a fiancé, or as a family member of a New Zealand citizen, Emigrate Lawyers can help you understand the pathway, evidence and risks before you lodge.
We help organise relationship evidence so the Department can understand the history, commitment and genuineness of the relationship.
Which Australian Partner Visa pathway may apply to you?
Answer a few questions to understand whether your circumstances may point toward a Subclass 820/801 onshore Partner Visa, Subclass 309/100 offshore Partner Visa, or Subclass 300 Prospective Marriage Visa. This is a guide only and does not replace legal advice.
Find the likely starting point for your Partner Visa pathway
Your answers will update the result panel. A lawyer should still assess eligibility, visa conditions and evidence before lodgement.
When you apply, will the applicant be in Australia?
This is often the first question because onshore and offshore partner visa pathways are different.
Does the applicant’s current visa restrict an onshore application?
Some visa conditions, such as a No Further Stay condition, can prevent a valid onshore application unless addressed.
Are the applicant and sponsor legally married?
If legally married, the onshore Partner Visa pathway may be available, subject to the other criteria.
Are the applicant and sponsor in a de facto relationship?
A de facto application usually needs strong relationship evidence, especially if the couple has not lived together for long.
Are the applicant and sponsor legally married?
If the applicant is offshore and the couple is married, the offshore Partner Visa pathway may be relevant.
Are the applicant and sponsor in a de facto relationship?
If the applicant is offshore and the relationship is de facto, the offshore Partner Visa pathway may be available.
Are the applicant and sponsor engaged and intending to marry?
If the couple is engaged but not yet married or de facto, the Prospective Marriage Visa may be relevant.
This tool gives a general indication only and is not legal advice. Visa conditions, Schedule 3 issues, sponsorship eligibility, relationship evidence, prior refusals, timing and personal circumstances can change the correct strategy. If you are unsure, confused, or your circumstances do not clearly fit one pathway, you should contact Emigrate Lawyers for advice before lodging an application.
Not living together for 12 months yet?
Relationship registration may assist some de facto couples to strengthen their Partner Visa evidence, depending on the state or territory and the couple’s circumstances.
Complex Partner Visa Services
Complex Partner Visa Issues Need a Clear Legal Strategy
Not every Partner Visa matter is straightforward. Some cases involve family violence, sponsorship limits, Schedule 3 issues, work-right restrictions, visa cancellation risks or health waiver concerns. Madhab Kharel and Emigrate Lawyers can help identify the risk and prepare the next step.
Choose the complex issue you need help with
Select one topic below. The explanation panel will update with the risk, the evidence focus, and the relevant Emigrate Lawyers service page.
Family Violence Provisions for Partner Visa Applicants
Family Violence Provisions may assist certain Partner Visa or Prospective Marriage Visa applicants where the relationship has broken down because of family violence by the sponsor.
When this may matter
- The applicant holds or has applied for a relevant temporary Partner Visa.
- The relationship was genuine but later broke down due to family violence.
- Evidence is needed to support the family violence claim and visa pathway.
How Emigrate Lawyers can assist
- Review eligibility under the Family Violence Provisions.
- Identify the evidence needed to support the claim.
- Prepare submissions to the Department of Home Affairs.
Important consideration
These matters are sensitive and evidence-heavy. If you are experiencing family violence or feel unsafe, seek immediate support from emergency or specialist services. For immigration strategy, speak with Emigrate Lawyers confidentially.
Madhab Kharel and Emigrate Lawyers can assess your immigration options and help you understand the next step.
No Visa. No Fee.
Apply for your eligible Partner Visa with Emigrate Lawyers. If your visa is not granted, you may not have to pay professional fees, subject to the guarantee terms.
*Terms and conditions apply. Eligibility must be assessed first.
Clearer fee protection for eligible Partner Visa applicants
Emigrate Lawyers’ No Visa, No Fee Guarantee is designed to give eligible Partner Visa applicants greater confidence before starting their application. The guarantee is not automatic and is subject to assessment, eligibility and written terms.
- ✓ Available for eligible Partner Visa matters assessed by Emigrate Lawyers.
- ✓ Suitable for applicants who want legal support with clearer professional-fee protection.
- ✓ Terms and conditions apply, so the guarantee should be confirmed before relying on it.
It means that if an eligible Partner Visa application is not successful, professional fees may not be payable, subject to the specific terms and conditions of the guarantee. You should read the full guarantee terms and confirm eligibility before starting your application.
Partner Visa Blogs & Guides
- Onshore vs Offshore Partner Visa
- Partner Visa Double Grant
- Top 5 Mistakes Couples Make When Applying for a Partner Visa
- Form 80 Australia – Tips & Tricks
- Subclass 300 Prospective Marriage Visa – Must Know!
- Navigate Australian Partner Visa – Partner Visa Process & Fees
- Partner Visa Processing Time – Your Ultimate Guide
- Form 888 – Partner Visa – Sample Answers & Common Mistakes
- Four Pillars of Partner Visa – Social, Financial, Household & Commitment
- Partner Visa Questions Answered – Partner Visa FAQs
- Important Australian Partner Visa Questions Answered
- Partner Visa 47SP Form: Eligibility and Requirements
- Section 48 and Partner Visas
- Partner Visa Evidence: Key Information for a Strong Application
- 820 Partner Visa: Key Requirements, Process & Winning Strategies
- Navigating Partner Visa S56 Requests: A Comprehensive Guide
- 820 Visa Processing Times: What Affects Them and How to Prepare
- Common Delays in 309 Partner Visa Applications
- Applying for Offshore Partner Visa Subclass 309/100
- Understanding the 309 Partner Visa Processing Timeline
- Medical Exams for Partner Visa Applicants: What to Expect in Australia
Why Choose Emigrate Lawyers?
Our Partner Visa work includes eligibility advice, review of past visa and sponsorship records, relationship-evidence planning and application preparation. Where agreed in the retainer, we also assist with Department requests, submissions and later stages of the application.
Meet the lawyers at Emigrate Lawyers and ask who will handle your matter.
We identify the issues that affect your application, including time spent apart, earlier relationships, sponsorship limitations, Schedule 3, health, character or family violence concerns. Your evidence plan should reflect your circumstances and explain any gaps or inconsistencies.
Before engaging us, ask for the proposed scope of work and written fee terms. Confirm whether the quote covers the temporary and permanent stages, Department requests and any additional advice. Government charges, translations, medical examinations and other external costs should be considered separately.
Any No Visa, No Fee arrangement applies only where eligibility is confirmed and the written guarantee terms are agreed.
Prepare your current visa grant notice, passport details, relationship timeline and any Department correspondence for the consultation. Explain where each partner lives and whether either has previous visa refusals or sponsorships. We can then discuss the legal issues, evidence needed and proposed next steps.
If you have more questions or need help, we have detailed FAQs page. They can guide you through common concerns.
Discover our No Visa, No Fee approach, providing expert guidance and support through every step of your migration journey.
Partner Visa experience and published case examples
A Schedule 3 obstacle addressed with individual evidence
The problem: an applicant’s earlier visa history created a Schedule 3 issue for an onshore Partner visa application. Our work: Emigrate Lawyers organised the evidence around the couple’s circumstances and the consequences of separation. The outcome: the Department accepted the waiver case and granted the Subclass 820 visa. Read our published Schedule 3 case study.
A pathway reassessed after repeated visitor refusals
The problem: repeated visitor visa refusals kept a married couple apart. Our work: the firm reassessed their pathway, prepared Partner and visitor applications, and later assisted with the transition to an onshore application. The outcome: a Subclass 820 Partner visa was granted. Read the published Partner visa case study.
These summaries omit identifying details. Each outcome depended on the individual facts, evidence and law.
Meet your lawyer: Madhab Kharel, Founder and Principal Lawyer, works across migration applications and complex review matters. He won the Migration category at the Lawyers Weekly 30 Under 30 Awards 2026. See the official award record.
Partner Visa services and further reading
Our Partner Visa practice covers spouse and de facto applications across the onshore 820/801, offshore 309/100 and Prospective Marriage Subclass 300 pathways. We also advise on complex matters involving sponsorship limitations, Schedule 3, family violence provisions, health and character issues, refusals and ART review.
Related insights: Why strong Partner Visa evidence can still fail · Partner Visa refused and ART review lodged · Partner Visa sponsor requirements.
