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Australian Partner Visas

Partner Visa Lawyers

Experts on All Partner Visa Subclasses: 820 · 309 · 300 · 461

Whether you're applying from within Australia or overseas, we help couples navigate the partner visa process with clarity, transparency, and genuine care for your relationship.

2-Day Cooling-Off Period

No Pressure to Sign

Transparent Fees

Payment Plans Available

LGBTIQ+ Welcome

Licensed & Registered Migration Law Practice

Home 11

Our Guarantee

No Visa?

No Fee.

We're so confident in our work that if your standard partner visa application is refused, you don't pay our professional fees.

This isn't a gimmick — it's our commitment to only taking on cases we believe in and doing the work properly. When we accept your matter, we're invested in your success.

The MML Guarantee

Visa refused? Full fee refund

  • Covers standard Partner Visa 820/801 applications
  • Covers standard Partner Visa 309/100 applications
  • Covers Prospective Marriage Visa 300 applications
  • Professional fees refunded if visa refused
  • Government fees are non-refundable (paid to Dept)

Applies to standard applications


This guarantee applies to straightforward partner visa applications without Schedule 3 issues, character concerns, or health-related complications. Complex matters are assessed individually. Full terms provided at engagement.

Which Partner Visa is Right for You?

The right visa depends on where you are, your relationship status, and your circumstances. Here's an overview of each pathway.

Partner Visa (Subclass 820/801)

Onshore — Apply from within Australia

For couples where the applicant is already in Australia on a valid visa. This is the most common pathway for partners who meet in Australia or where the applicant is already here on a student, working holiday, or other temporary visa.

  • Apply while in Australia on any valid visa
  • Receive a Bridging Visa A while your application is processed
  • Full work and study rights from lodgement
  • Medicare eligibility while on bridging visa
  • Two-stage process: temporary (820) then permanent (801)
  • Can travel on Bridging Visa B if approved
  • Permanent residency after relationship period (usually 2 years)

Important: If you entered Australia unlawfully or have breached visa conditions, Schedule 3 criteria may apply. We have specific expertise in these complex matters.

Partner Visa (Subclass 309/100)

Offshore — Apply from outside Australia

For couples where the applicant is outside Australia at the time of lodgement and decision. Ideal for partners who met overseas, long-distance relationships, or where the applicant cannot apply onshore.

  • Applicant must be outside Australia when applying and when visa is granted
  • Australian sponsor can be in or outside Australia
  • Two-stage process: temporary (309) then permanent (100)
  • Can include dependent children in the application
  • Full work and study rights once granted
  • Path to permanent residency and citizenship
  • Processing times vary by country

Planning tip: If your partner can travel to Australia on another visa, you may want to consider the 820/801 onshore pathway instead for faster bridging visa work rights.

Prospective Marriage Visa (Subclass 300)

For engaged couples planning to marry in Australia

For couples who are engaged but not yet married. This visa allows your fiancé(e) to come to Australia so you can marry here. After marriage, they can then apply for the partner visa onshore.

  • 9-month visa validity to travel to Australia and marry
  • Must marry within 9 months of arrival
  • After marriage, apply for Partner Visa 820/801 onshore
  • Both parties must be free to marry under Australian law
  • Must have met in person (photos and evidence required)
  • Work rights included once in Australia
  • Can include dependent children

Strategic Considerations: Some couples choose to marry overseas and apply directly for the 309/100 or 820/801 instead, depending on circumstances.

NZ Citizen Family Relationship (Subclass 461)

For partners and family of New Zealand citizens

If your partner is a New Zealand citizen (not just a permanent resident), you may be eligible for the Subclass 461 visa instead of or as a stepping stone to the standard partner visa pathway.

  • Available to partners, dependent children, and other family members of NZ citizens
  • 5-year temporary visa with unlimited renewals
  • Full work and study rights in Australia
  • Access to Medicare (for most applicants)
  • Can apply onshore or offshore
  • No two-stage processing — single visa grant
  • Lower government application fee than partner visas

Important note: This visa does not lead directly to permanent residence. However, if your NZ citizen partner later becomes an Australian citizen or permanent resident, you can then apply for a partner visa.

Not Sure Which Visa is Right for Your Situation?

Book a visa assessment and we'll review your circumstances, explain your options clearly, and help you understand the best pathway forward.

Complex Situations We Handle

Partner visa applications aren't always straightforward. We have specific expertise in these sensitive and complex areas.

LGBTIQ+ Partner Visas

Australian migration law fully recognises same-sex relationships for partner visa purposes. We proudly support LGBTIQ+ couples through the partner visa process with sensitivity and understanding.

  • Same-sex marriages and de facto relationships recognised
  • Evidence of relationship tailored to your circumstances
  • Understanding of unique challenges LGBTIQ+ couples face
  • Discreet handling of sensitive country-of-origin situations
  • Experience with relationship evidence from diverse contexts

You are welcome here. We handle every case with respect and care.

Family Violence Provisions

If your relationship has ended due to family violence, you may still be eligible for permanent residency. Australian migration law provides important protections for victims of domestic and family violence.

  • Continue your partner visa application after relationship breakdown
  • Evidence requirements differ from standard applications
  • Statutory declarations and professional reports accepted
  • Your safety and wellbeing are the priority
  • Confidential and sensitive handling of your matter

You are not alone. We can help you understand your options and navigate the process safely.

Schedule 3 Matters

If you were unlawful in Australia at any time since your last entry, or if you've held certain visas, Schedule 3 criteria apply to your partner visa application. These are complex but not impossible.

  • Applies if unlawful at any time since last entry
  • Requires compelling reasons to waive criteria
  • Relationship must have existed before unlawful period
  • Strong evidence and legal arguments essential
  • Ministerial intervention may be an option

Don't give up. We have experience in presenting compelling arguments for waiver.

12 Client Commitments

These are enforceable operational standards — not aspirational statements.

1

2-Day Cooling-Off Period

After receiving engagement documents, you have two full business days to review everything carefully, understand the costs, and decide whether you're comfortable proceeding. You can seek independent advice or discuss with family without pressure.

Most firms expect immediate sign-ups. We deliberately slow the process so decisions are made calmly, not under pressure.

2

No Pressure to Engage

We do not push clients to sign or pay during consultations. No urgency language, no fear-based messaging, no emotional pressure. Your consultation is about understanding your situation, not being pushed into signing.

No discounts for signing "today". No countdown timers. Payment requested only after you've decided, not during consult.

3

Fee Installments Available

You don't need the full fee available upfront. We offer payment plans that spread costs across key stages, making professional legal representation more financially manageable. No interest charges, processing fees, or admin penalties.

Migration legal services shouldn't be accessible only to those who can pay $10,000+ upfront.

4

Suitability-First Advice

We do not accept every matter. If we believe your case is not suitable to proceed — because evidence is too weak, risks are too high, or it would cause more harm than benefit — we tell you clearly and early, even if you're willing to pay.

We reject borderline matters rather than take uncertain fees. Income is sacrificed for professional integrity.

5

Care Beyond Engagement

Once you engage us, you're not left chasing your lawyer. Your calls are returned, your emails are answered, and important dates are watched carefully. Even during long waiting periods, your matter receives attention — not forgotten after payment.

We deliberately control how much work we take on so matters already in progress are properly looked after.

6

Fee Transparency

Staged fees tied to specific milestones with clear deliverables. You know exactly what you're paying for at each step, when payment is required, and what is not included. No opaque fixed fees paid upfront.

Every dollar is defensible and linked to completed work. Full fee transparency before engagement.

7

Fair & Clear Refund Policy

You know upfront how refunds work. Our refund policy is provided before you engage, not after a dispute arises. Refund decisions are based on milestones completed, not emotion or negotiation.

Milestone completion determines entitlement, not pressure. Policy is published and applied consistently to every client.

8

Transparency Before We Start

Before you commit, you receive a complete information pack: fees and milestone schedule, refund policy, complaints policy, privacy and cybersecurity summary, service level standards charter, how we manage your matter, and scope & suitability policy.

All 7 documents provided before any decision is required. Nothing important is hidden or deferred until after payment.

9

Regular Updates Guaranteed

Defined update cadence by matter stage. Even when there is no news from the Department or Tribunal, you receive updates at defined intervals so you know your matter is being monitored. Update standards are documented in our Service Level Standards Charter.

Silence during waiting periods is the #1 complaint in migration. We eliminate it. Generic "we're working on it" messages are banned.

10

Professional Cybersecurity

Your data is protected through secure systems, access controls, and professional protocols. Migration matters involve sensitive identity documents, personal histories, and financial information. We use professional-grade systems, not consumer tools.

Multi-factor authentication enforced. Document access is role-based and logged. Cybersecurity is an operational priority, not an afterthought.

11

Formal Complaints Process

If something goes wrong or you are unhappy, there is a clear and fair way to raise concerns. Complaints are acknowledged within 2 business days, reviewed by management, and responded to in writing within defined timeframes.

We treat complaints as serious professional matters, not personal disputes. Every complaint is logged, reviewed, and tracked for systemic improvements.

12

What We Won't Do

We explicitly reject common industry practices: promising outcomes we can't control, pushing you to sign on the spot, taking unsuitable cases, charging before explaining costs, going silent during waiting periods, and taking more clients than we can properly serve.

These prohibitions are enforceable operational rules, not aspirational goals. We put them in writing because they matter.

The Partner Visa Process

Understanding what to expect at each stage helps reduce stress and ensures you're prepared.

1

Step 1

Initial Consultation & Assessment

We review your circumstances, assess your eligibility, identify any issues (like Schedule 3), and explain your options clearly. You'll leave knowing exactly what's involved, what it costs, and what your prospects are.

2

Step 2

Evidence Gathering & Preparation

We provide a detailed checklist of required documents and evidence. We help you compile evidence of your relationship across the four key pillars: financial, social, household, and commitment aspects. We review everything before lodgement.

3

Step 3

Application Lodgement

We prepare and lodge your application with the Department of Home Affairs. For onshore applications, you'll receive a Bridging Visa A with full work and study rights. We confirm lodgement and explain next steps.

4

Step 4

Processing & Updates

During the waiting period (which can be 12+ months), we monitor your application, respond to any requests from the Department, and provide regular updates at defined intervals so you're never left wondering.

5

Step 5

Temporary Visa Grant & Permanent Stage

Once your temporary partner visa is granted, we prepare for the permanent stage (usually 2 years after lodgement). We help you compile updated relationship evidence and manage the final stage to permanent residency.

Ready to Start?

Book Your Assessment

Schedule a 45-minute visa assessment with our team. We'll review your situation, explain your options, and give you a clear understanding of the pathway forward.

Detailed eligibility assessment for your situation

Clear explanation of visa options and pathways

Identification of any potential issues or risks

Transparent fee estimate with no hidden costs

No pressure to proceed — decision is always yours

$300

45-minute consultation

Credited towards your matter if you proceed - $30 separate booking fee applies

Partner Visa Eligibility

Meeting eligibility requirements is essential. Here's what the Department assesses.

Relationship Requirements

  • Married OR in a genuine de facto relationship for at least 12 months
  • Exception: Prospective Marriage Visa (300) applicants don't need to be married or in a 12-month de facto relationship — engagement is sufficient
  • Living together (or apart with good reason)
  • Mutual commitment to a shared life to the exclusion of others
  • Relationship is genuine and continuing

Sponsor Requirements

  • Australian citizen, permanent resident, or eligible NZ citizen
  • At least 18 years old
  • Approved as a sponsor by the Department
  • Limited sponsorship history (restrictions apply)

Evidence Categories

  • Financial: Joint accounts, shared expenses, financial support
  • Household: Living arrangements, shared responsibilities
  • Social: Recognition by family/friends, shared social life
  • Commitment: Future plans, duration, children together

Health & Character

  • Health examinations required
  • Police clearances from all countries lived in 12+ months
  • Meet public interest criteria
  • No outstanding debts to the Australian government

Lives, Not Files.
We’ll Fight For Yours.

Your visa isn’t just paperwork. It’s your future, your family, your life in Australia. At My Migration Lawyers, we treat it that way. No Pressure. No false hope. Just honest advice and proper service from migration lawyers who actually care about getting it right.

Before you sign

Complete Transparency Before You Decide

Before you engage us, you'll receive a complete information pack covering every aspect of our engagement. Read it at your own pace. Make your decision with full knowledge, not assumptions.

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7 documents delivered before engagement

1

Document 1

Fees & Milestone Schedule

Exactly what you pay and when, with every stage clearly defined

2

Document 2

Refund Policy

Clear mechanical rules for refunds based on work completed

3

Document 3

Complaints Policy

Formal process with timeframes and written responses

4

Document 4

Privacy & Cybersecurity

How we protect your sensitive documents and data

5

Document 5

Service Level Standards

Update cadences and response times in writing

6

Document 6

How We Manage Your Matter

Our process from engagement through to completion

7

Document 7

Scope & Suitability Policy

What's included, what's not, and how we assess matters

Ready for a Different Experience?

Book a visa assessment and see how migration law should work.

Common Questions

Partner Visa FAQs

Clear answers to the questions we hear most often about partner visas in Australia.

How long does the partner visa process take?

Processing times vary significantly and depend on the complexity of your case, the visa subclass, and the Department's workload. Generally, the temporary partner visa (820 or 309) takes 12-24 months. The permanent visa (801 or 100) is typically decided around 2 years after the original application was lodged.

For onshore applications, you'll receive a Bridging Visa A with work rights while you wait.

What evidence do I need to provide my relationship is genuine?

The Department assesses your relationship across four pillars: financial aspects (joint accounts, shared expenses), household aspects (living together, shared duties), social aspects (recognition by friends and family), and the nature of your commitment (future plans, length of relationship).

We provide detailed guidance on compiling strong evidence in each category.

Do we need to be living together for 12 months for a de facto visa?

Generally, yes — de facto partners must demonstrate they have been in a genuine de facto relationship for at least 12 months before applying. However, exceptions exist: if you have a child together, if your relationship is registered in an Australian state/territory, or if there are compelling and compassionate circumstances.

Married couples do not have this 12-month requirement. Prospective Marriage Visa (300) applicants only need to show genuine intention to marry.

Can I work while my partner visa is being processed?

Yes. For onshore applicants (820/801), once you lodge a valid application, you'll receive a Bridging Visa A with full work and study rights. For offshore applicants (309/100), you won't have Australian work rights until your visa is granted, but once it is, you can work without restrictions.

What happens if we separate before the permanent visa is granted?

If your relationship ends before the permanent visa is decided, your application will generally be refused. However, exceptions exist: if the relationship ended due to family violence, or if there are children of the relationship.

These provisions allow you to continue your application in certain circumstances. We can advise on your specific situation.

What is Schedule 3 and does it apply to me?

Schedule 3 criteria apply if you were unlawful in Australia at any time since your last entry, or if you held certain visas. If Schedule 3 applies, you must demonstrate compelling reasons why the criteria should be waived and that the relationship existed before you became unlawful.

These are complex matters, but not impossible — we have specific experience in these cases.

Are same-sex relationships recognised for partner visas?

Absolutely. Australian migration law fully recognises same-sex marriages and de facto relationships for all partner visa purposes. The requirements and process are the same regardless of the genders of the partners involved.

We proudly support LGBTIQ+ couples and understand the unique considerations that may apply to your evidence.

How much does a partner visa cost?

The government application fee is currently $8,850 (subject to change). This is paid directly to the Department. Professional legal fees vary depending on complexity — we provide a clear quote after assessing your situation.

We offer staged payments and payment plans. Our consultation fee ($330) is credited toward your matter if you proceed.

Can I travel while my partner visa is being processed?

If you hold a Bridging Visa A (from an onshore application), you can apply for a Bridging Visa B before travelling. This allows you to leave and return to Australia while maintaining your lawful status. Without a BVB, your bridging visa will cease when you leave Australia.

We help plan travel carefully to avoid complications.

What's the difference between onshore and offshore partner visas?

Onshore (820/801): You must be in Australia when you apply and when the temporary visa is granted. You receive a bridging visa with work rights immediately.

Offshore (309/100): You must be outside Australia when you apply and when the visa is granted. No work rights until the visa is granted, but you can wait anywhere in the world.

Do I need to provide statutory declarations from friends and family?

Yes, statutory declarations from people who know your relationship are an important part of the evidence. You typically need two Form 888 statutory declarations from Australian citizens or permanent residents who can speak to the genuineness of your relationship.

We provide guidance on what to include and how to structure these declarations effectively.

What if my sponsor has sponsored someone before?

There are limitations on how many times someone can sponsor a partner. Generally, a person can only sponsor two partners in their lifetime, and there must be at least 5 years between sponsorships. Previous sponsorships that led to visa refusals may also be considered.

We assess sponsorship history carefully during consultation.

Can I include my children in my partner visa application?

Yes, dependent children under 18 (and some dependent children over 18) can be included in your partner visa application. Each child must meet health and character requirements, and additional fees apply. Children included in the application will receive the same visa as the main applicant.

What if my current visa is about to explore?

If you lodge a valid onshore partner visa application before your current visa expires, you'll receive a Bridging Visa A that allows you to stay in Australia lawfully while your application is processed. Timing is critical — we can help you understand your options and ensure lodgement happens before your visa expires.

Will I be interviewed by the Department?

Not always. If your application is strong and the evidence is clear, you may not be interviewed. However, the Department can request an interview at any time, particularly if they have questions about the genuineness of your relationship or if there are inconsistencies in your evidence.

If an interview is requested, we help you prepare.

What happens if my partner visa is refused?

If your partner visa is refused, you usually have the right to appeal to the Administrative Appeals Tribunal (AAT). Time limits are strict — typically 21 days for onshore applicants. The AAT conducts a fresh review of your case, and you can submit additional evidence.

We handle partner visa appeals and can advise on prospects after refusal.

What makes MML different from other migration firms?

We reject the industry standard: no pressure tactics, no urgency manipulation, no same-day sign-up expectations. You receive complete information before deciding, a mandatory cooling-off period, and transparent staged fees.

We also prioritise existing clients over new intake — if capacity is stretched, we pause growth rather than compromise service delivery.

Do you offer payment plans for partner visa services?

Yes. We offer payment plans that spread costs across key stages of your matter, with no interest charges, processing fees, or admin penalties. Migration legal services shouldn't be accessible only to those who can pay large sums upfront.

Instalment arrangements are documented clearly in your engagement letter.

Still have questions?