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Subclass 820 Visa & Partner Visa
Our Immigration Lawyers are able to ensure that your partner visa application is decision ready and meets all the requirements for a speedy visa process by the Department of Home Affairs. Our Lawyers have years of experience dealing with complex partner visa applications, including partner visa refusals (AAT appeal), and can guide you to ensure your application is not delayed and is successful.
Lodging an online partner visa application is not difficult and can be done in perhaps 1 hour. However, unless the information and supporting documents that you provide are correct, comprehensive and extensive, there will be a high chance of your visa application being refused.
Unfortunately, partner visa case officers are not very flexible and always require a significant amount of evidence to satisfy that a relationship is genuine and ongoing.
Our Immigration Lawyers are able to advise you on the type of evidence that you can prepare to make a decision ready application. Our expert lawyers can also inform you if you are barred from sponsoring someone or point out any other weaknesses that your case may have.
Call us to book a Face to Face Consultation with one of our Immigration Lawyers today!
Before you apply for your partner visa, come and meet with one of our expert Immigration Lawyers in Melbourne or book a zoom consultation if you live anywhere else in Australia. We have clients all over Australia (NSW, Queensland, South Australia, ACT, Northern Territory and Tasmania). Our Lawyers are happy to discuss your application with you and ensure that you are doing your application correctly.
Call 1300 320 300 Claim your consultationSPEAK WITH ONE OF OUR IMMIGRATION LAWYERS TO GET MORE HELP WITH PARTNER VISAS!
If you are married to an Australian citizen or living with an Australian citizen in a de facto relationship, you may have the option of applying for a partner visa that will allow you to stay in the country on a longer-term basis. However, to maximise your chances of success, it is vital that you prepare all of your supporting documentation very carefully.
As highly experienced partner visa lawyers in Australia, we have the knowledge and expertise to help you prepare all the documents you will need and can advise you at every stage of the application process. We have helped people from all over the world to apply for, and obtain, an Australian partner visas and would love to help you obtain the visa you need as well.
In addition to our partner visa and spouse visa services, we also offer support for citizenship applications so if you already have a partner / spouse visa in Australia and you would like to make your stay a permanent one, please don’t hesitate to contact us and claim your consultation.
Increase your chances of success with a top partner visa immigration lawyer
No lawyer can guarantee the success of an immigration partner visa application but an experienced and well-informed professional can significantly increase your chances of obtaining the visa you need. At Gold Migration, we have many years of experience and stay up to date with the latest eligibility and application process changes, enabling us to offer a highly effective and efficient service to clients across the country. If you’re looking for a partner visa lawyer in Melbourne, Sydney or anywhere else in Australia, call and speak to us now. In addition to in-person consultations in Sydney and Melbourne, we offer online consultations in all other areas. We can also help with visa refusals: we may be able to help you lodge an appeal with the AAT and in the Federal Circuit Court if necessary.
Prepare to apply for a relationship visa in Australia now
If you would like to get started as soon as possible, you can book a face to face consultation with a partner visa lawyer in Melbourne or Sydney from our team right now. For applicants currently residing in another part of Australia, we can set up a video conference with one of our experts, during which you can explore your options in detail.
Once we have all the relevant information pertaining to your current status and desired visa, we can plan your application, making sure that it is supported with the evidence required by the immigration officials who will be evaluating it.
Additional services
We offer a full range of visa services in Australia, helping clients to make Australian protection visa, work sponsorship visa, business visa and family visa applications on a daily basis. If you run into difficulties with spousal sponsorship or any other aspect of your application for a partner visa in Sydney or elsewhere in Australia, we may be able to help you obtain a different type of long-term visa: all these options can be explored during your initial consultation if necessary. For businesses who wish to sponsor migrant workers’ visa applications, our corporate immigration lawyers provide a full advisory and support service.
Helping People Just Like You
Robert E.
Gold Migration Lawyers for ImmigrationI found Bilal Ahmad of Gold Migration Lawyers very helpful in helping me receive my subclass 100 Partner Visa in record time of just two months.They tell me it is extremely rare to be granted this Visa so quickly, I put it down to Bilal from Gold Migration Lawyers being so prompt in any question I had.I always received a response from Bilal very quickly. He was very thorough in making sure we had everything that was required and correct.Five stars for the best service!read more
Rachel D
Gold Lawyers were fantastic when my husband and I applied for the partner visa, We were updated often about our progress and I highly recommend them to anyone needing assistance.A special Thankyou to Vivek,From 2653 😊
Len G.
Thank you so much Gold Migration Lawyers for assisting our Partner Visa (Subclass 309/100) application all the way for more than a year. Especially thanks to Bilal who did the biggest part of this journey from biometrics taking upto the last part of the application. It was a long journey but Gold Migration Lawyers have made it possible as we got the double grant visa. Again, thank you so much for everything. Now me and my partner can start our forever together, no more LDR. ❤️ ❤️read more
Donna
I would highly recommend Gold Immigration Lawyers especially Bilal Ahmad who was dealing with my Visa case. Bilal was very professional, acknowledgeable and supportive over the 2 year time frame dealing with him. Due to unforeseen circumstances I didn’t get to the end to get an answer unfortunately but I cannot speak highly enough of Bilal for the timeless effort he put into my case.read more
Zeek K
I’m truly grateful to Gold Migration Lawyers, especially Mr Ahmad, for all their support and dedication in helping me with my visa. From the very beginning, they showed kindness, professionalism, and genuine care.Mr Ahmad guided me through every step and represented me with great commitment at my ART hearing. Thanks to their hard work and faithfulness, my case was successful, and my claim has been remitted.I can’t thank them enough for being there for me during such a difficult time. I highly recommend Gold Migration Lawyers to anyone who needs trusted and compassionate immigration support.read more
Kiwi J.
⭐️⭐️⭐️⭐️⭐️ Exceptional Service — Our Visa Granted Today!My fiancée and I are beyond grateful to Gold Migration for their incredible work in helping us secure our visa — granted today!From day one, Callum and Kim went above and beyond to guide us through every challenge of our complex situation. They handled every document, delay, and uncertainty with such patience, diligence, and professionalism that we always felt confident we were in the best hands.Our case was not a straightforward one, yet the Gold Migration team approached it with absolute dedication communicating clearly, and providing reassurance at every stage. Their attention to detail and depth of knowledge truly set them apart.We are both deeply impressed and thankful for the outstanding effort and genuine care shown throughout the process. Gold Migration turned what could have been a stressful journey into a success story, and we cannot recommend them highly enough.Thank you, Callum and Kim — your expertise and commitment have changed our lives.— Joshua & Nattayaread more
Margaretha L.
Thank you so much for Joshua Elsbury and Gold Migration Lawyers, I over the moon when wake up in very early morning at 5am (indonesia time) , where in australia is 9am, Joshua send me email that my 309 visa is granted, and not only that, he pleased to announce, I got Double granted in 6 months. Which is DHA also finalised visa 100. Im officially Permanent Resident of Australia. Keep up Gold Migration Lawyers Firm, I really recommend this firm to anyone that seek or on doubt with visa processing. Please hurry to book appointment here. Joshua, he is kind, prompt and really some can discuss and make us no doubt about our visa.read more
Vicky M.
"My husband and I are overjoyed! We received the call from our lawyer, Joshua Elsbury, on our wedding anniversary informing us that my husband's permanent residency and partner visa application was approved. What an amazing anniversary gift! We're so grateful for Joshua's hard work, dedication, and expertise. He's been professional, responsive, and truly exceptional. We highly recommend Joshua Elsbury to anyone looking for a skilled and caring lawyer. Thank you, Joshua, for making our anniversary even more special!"100% recommendedread more
John C.
Me and my wife couldn't believe the phone call we received on the day of ourWedding anniversaries,what a wedding anniversary present we received that my permanent residency PR was granted.We can't thank you enough to our lawyerJoshua Elsbury for your hardwork and efforts with our application,you are very easy and kind to talk to when ever we needed you at any time.We wish we could give you 100 stars for your work.Once again thank you Joshua and Gold migration lawyers team..100% best migration law firm.read more
Partner Visa – frequently asked questions
Who can be a Sponsor for a Partner Visa?
An Australian citizen, Australian permanent resident or eligible New Zealand citizen.
Can I apply for a Partner Visa if I’m not married to my Partner?
Yes, you can. If you have been living together for at least 12 months you may meet the de facto criteria. Bear in mind that the 12 month living together requirement could be waived in certain circumstances.
What are the most common reasons for a Partner Visa refusal?
If insufficient evidence was provided to the DHA, failure to upload the right witness declarations, failing to respond to further requests from the DHA in a professional manner. Also if the Sponsor was not an eligible sponsor or has had issues with Family Violence and/or has a criminal history.
What kind of documents must I provide?
There is a large number of Time of Application (ToA) and Time of Decision (ToD) documents that you must provide. Depending on your circumstances, they vary. At Gold Migration Lawyers, we provide our clients with a Personalised Checklist. This checklist is normally more than 10 pages and is very comprehensive.
What other eligibility criteria must the Sponsor meet?
Other than previously holding certain visas, the Sponsor is not able to sponsor more than 2 individuals in their lifetime (exceptions apply); and no more than 1 individual per 5 year period (exceptions apply).
Will my Sponsor or I be interviewed by the Department of Home Affairs (DHA)?
It depends. The DHA may request an interview if you’re applying for an offshore Partner Visa. If you apply in Australia, it is unlikely that the DHA will request an interview.
What is an Australian partner visa?
A partner visa in Australia is a long-term visa for foreign nationals who are either married to, or in a de facto relationship with an Australian citizen. If you’re already in Australia, you’ll most likely want to apply for a subclass 820 visa before making a permanent visa application.
What are the requirements for a partner visa in Australia?
You can discuss all the eligibility details during your consultation with a partner visa lawyer or immigration lawyer in Melbourne or Sydney (or during your online meeting). The basic requirements at the time of writing are that you are 18 years or older, married or in a de facto relationship with an Australian citizen and are able to meet the health/character requirements.
Can you stay in Australia while waiting for a partner visa?
If you apply for a partner or marriage visa in Australia, rather than an offshore partner visa, you will normally be granted a bridging visa while your application is under consideration. This visa will enable you to stay in Australia until a decision on your application is reached. If you’re not sure about your current status and are worried about having to leave the country, please feel free to call and speak to one of our partner visa lawyers in Sydney, Melbourne, Brisbane, Adelaide, Perth, Darwin or Hobart. That’s right, we attend clients anywhere in Australia.
How much does the partner visa cost?
You can check all Australian Partner Visa costs by clicking on this link.
The fees we charge for assisting with applications for a partner visa in Sydney, Melbourne, Brisbane, Adelaide, Perth, Darwin, Hobart or any other location vary depending on the details of each individual case. However, we always charge a fixed fee for our services and will be able to tell you exactly how much it will cost after your initial consultation: there are no unpleasant surprises to worry about when working with a partner visa migration lawyer in Sydney or Melbourne from Gold Migration.
How long is the partner visa valid for?
A subclass 820 marriage or de facto visa in Australia is normally valid for 2 years. Applicants who are eligible may be granted a subclass 801 (permanent) Partner visa after this period.
Can a partner visa sponsor have sponsored someone before?
A sponsor can only sponsor a maximum of 2 partners in the course of life (exceptions apply). And the sponsor cannot have sponsored another partner within the last 5 years at the time of the new partner visa application (exceptions apply).
There is a big age gap between me and my partner. Will that affect our partner visa application?
If you can demonstrate and provide enough evidence that the relationship is genuine, it shouldn’t be a problem. However, you need to make your application very strong in order to clear any doubt in the mind of the Immigration Officer. We have approved many clients with age gaps of 20, 30 or even 40 years.
Can I apply for a partner visa if I'm unlawful in Australia?
In that case, you need to have “compelling reasons”. The “compelling reasons” provision allows an applicant who is unlawful in Australia to regularise their status if compelling reasons exist.
Examples of “compelling reasons” are severe illness or a serious accident to name a couple.
Immigration officers should consider circumstances on a case by case basis.
Factors which the Department may consider when determining whether your circumstances are compelling include:
- your history of non-compliance with visa conditions;
- the period that you have been an unlawful non-citizen;
- the reason/s why you became an unlawful non-citizen;
- the reason/s why you did not seek to regularise your visa status sooner; and
- the steps that you took (if any) to regularise your lawful status in Australia (other than applying for the current visa).
We highly recommend you look for professional advice if you’ve been unlawful in Australia and you wish to apply for a partner visa.
READ MORE FAQ
CAN I APPLY FOR PARTNER VISA IF I’M ON A BRIDGING VISA?
If you’re on a bridging visa at the time of a partner visa application, you will need a schedule 3 waiver. In other words, you will need “compelling reasons”.
Compelling reasons for granting a substantive visa can be both based on personal circumstances or circumstances of another.
Examples include but are not limited to:
- The applicant and their partner have an Australian child; In this case the child might be adversely affected in the absence of one of the parents.
- The Australian partner will suffer if the applicant is not granted the substantive visa; or
- Circumstances which are beyond the control of the applicant, for example, serious illness or accident. For example, a serious illness prevented the person to apply for a new visa before the expiration of the previous visa.
That said, it’s not easy to convince the Department you have genuine compelling reasons. You should seek legal advice.
Here at Gold Migration we have successfully represented many clients with schedule 3 waiver applications…
I HAVEN’T LIVED WITH MY PARTNER FOR 12 MONTHS. cAN i STILL APPLY FOR ONSHORE PARTNER VISA?
Yes, you can register your relationship at Births, Deaths and Marriages if you live in one of these states: ACT, Victoria, New South Wales, South Australia, Queensland or Tasmania. However, you need to show that you are living together but not necessarily for 12 months, as well as prove that you have a genuine relationship moving ahead.
Registration is not available in the Northern Territory.
Registration is available in Western Australia. HOWEVER, it CANNOT be used for Migration purposes. The DHA will NOT accept a Registration of Relationship Certificate from Western Australia.
If the relationship registration is not yet approved after you have lodged you partner visa application you will still eliminate the need for 12 months living together.
Having said that, if you haven’t lived with your partner for 12 months, we recommend you to seek legal advice as your chances of getting a partner visa refusal are high.
I’m on a visitor visa in australia. can i apply for onshore partner visa?
Yes, if you have a genuine relationship with an Australian resident or citizen and you meet the de facto criteria (12 months living together) you can apply for a Subclass 820 Onshore Partner Visa. If you don’t meet the 12-month criteria, you must register your relationship at Births, Deaths and Marriages if you are in one of these states: ACT, Victoria, New South Wales, South Australia, Queensland or Tasmania. However, you need to show that you are living together but not necessarily for 12 months, as well as prove that you have a genuine relationship moving ahead.
WHAT HAPPENS IF MY CURRENT VISA EXPIRES BEFORE I’M GRANTED A TEMPORARY PARTNER VISA (SUBCLASS 820)?
If your current visa ends before you are granted the partner visa (SUBCLASS 820), you can stay in Australia on a Bridging visa A (BVA). You don’t need to apply for a BVA. You will be automatically granted BVA after you apply for your partner visa subclass 820. The BVA starts when your current temporary visa ends.
The BVA does not let you travel out of Australia and return. If you want to travel out of Australia, you must apply for a Bridging visa B (BVB).
AM I ALLOWED TO WORK IN AUSTRALIA IF I GET A BRIDGING VISA A (BVA) OR A BRIDGING VISA B (BVB) WHILE WAITING ON MY PARTNER VISA SUBCLASS 820?
Yes, you can work in Australia while waiting on your partner visa subclass 820 decision if you have BVA or BVB.
AM I ALLOWED TO STUDY IN AUSTRALIA IF I GET A BRIDGING VISA A (BVA) OR A BRIDGING VISA B (BVB) WHILE WAITING ON MY PARTNER VISA SUBCLASS 820?
Yes, you can study in Australia while waiting on your partner visa subclass 820 decision if you have BVA or BVB. However, you are not entitled to Government support to pay for your studies.
AM I ENTITLED TO MEDICARE (AUSTRALIA’S HEALTHCARE SCHEME) IF I GET A BRIDGING VISA “A” (BVA) OR A BRIDGING VISA “B” (BVB) WHILE WAITING ON MY PARTNER VISA SUBCLASS 820?
Yes, you can enrol in Medicare while on BVA or BVB and waiting on your partner visa subclass 820 decision.
CAN I CANCEL MY CURRENT VISA BEFORE APPLYING FOR A PARTNER VISA SUBCLASS 820?
If you cancel your current visa you will become an unlawful non-citizen in Australia. This means you will not be eligible for a Bridging visa A, B, or C. You will only be entitled for a Bridging visa E. And you must lodge an application for a Bridging visa E.
The problem is that if you are holding a Bridging Visa E (BVE) you will need to meet schedule 3 criteria or compelling reasons to be able to apply for a partner visa subclass 820.
WHAT IS THE ESTIMATED PARTNER VISA PROCESSING TIME?
Below are the estimated processing time for all partner visas according to the Department of Home Affairs:
PARTNER VISA (SUBCLASS 820): between 23 and 30 months
PARTNER VISA (SUBCLASS 801): between 9 and 14 months
PARTNER VISA (SUBCLASS 309): between 21 and 28 months
PARTNER VISA (SUBCLASS 100): between 19 and 27 months
PARTNER VISA (SUBCLASS 300): between 25 and 34 months
But that’s not to say you can’t speed up your partner visa processing time.
Here at Gold Migration Lawyers we have had record-breaking partner visas’ processing times.
On 7 June 2021, a Nepalese national who hired us to prepare and lodge his partner visa application (Subclass 820) got it approved in only 3 months and 3 days.
Less than a month later, on 1 July 2021, a Thai client got her Partner Visa approved in just 4 months and 15 days.
What’s the secret? Visit this page to find out secrets, tips and advice to fast track your partner visa application.
IS IT POSSIBLE TO FAST TRACK A PARTNER VISA PROCESSING TIME?
Here at Gold Migration Lawyers we have had record-breaking partner visas’ processing times.
On 7 June 2021, a Nepalese national who hired us to prepare and lodge his partner visa application (Subclass 820) got it approved in only 3 months and 3 days. Less than a month later, on 1 July 2021, a Thai client got her Partner Visa approved in just 4 months and 15 days.
And more recently we had a partner visa (subclass 309) granted in only 2.5 months.
Part of the secret to speed up your partner visa processing time lies in how you structure the statutory declaration.
Events must follow a sequential order.
Everything must be interconnected.
No inconsistencies. It’s almost like writing a movie script.
To know all the secrets and tips to speed up your partner visa processing time visit this page secrets to fast track your partner visa application.
how much does a partner visa immigration LAWYER charge?
Partner visa immigration lawyer fees vary according to the experience of the lawyer.
If your partner visa application is not an easy one, find the best partner visa agent to help you with your application. If you are serious about getting your partner visa approved, of course.
Think about it. It’s like searching for a Doctor…
If you have some serious heart condition, you better off consulting with a top Cardiologist. Your chances of survival will dwindle if you just consult with a General Practitioner. And you definitely wouldn’t do your heart treatment with a Gastroenterologist also.
Needless to say, the cost of a General Practitioner consult is much cheaper than a consult with a Cardiologist. But it’s of your best interest that you find a good cardiologist if you want to increase your chances of survival, even if you have to pay more for that.
Likewise, if you are applying for a partner visa, consult with an agent or lawyer who specialises in partner visas, even if you have to pay a little more for that.
As the old saying goes: “you get what you pay for”.
If your partner visa application is refused, you will have to appeal to the AAT. And to have good chances of having this refusal overturn in the Administrative Appeals Tribunal you will have to hire a very good lawyer. You will end up spending way more than if you had hired a specialised lawyer or agent to prepare and lodge your partner visa application from the outset.
Gold Migration specialises in partner visas. We have 12+ years of experience. And a staggering 98.9% approval rate.
In 2020, Gold Migration was rated “Best Partner Visa Lawyers” in Australia by TTL. You can contact one of our top partner visa lawyers by clicking here.
You can find more information about partner visa migration lawyers on this page: Everything you need to know before booking your first consultation with a partner visa immigration lawyer.
I don’t live in Australia, can I APPLY FOR an Australian Partner Visa?
Yes, you can apply for an offshore partner visa you are in a relationship with an Australian permanent resident or citizen. However, you must have met your partner in person before and demonstrate a genuine relationship. If that’s the case, you may be eligible to apply for a partner visa subclass 309 or even a prospective marriage visa (subclass 300).
Another option would be to come to Australia as a visitor and once you are here you may apply for an onshore partner visa (subclass 820).
I am in Australia on a Visitor Visa (SUBCLASS 600). Can I apply for a partner visa?
Yes, you are in Australia as a visitor you may apply for an onshore partner visa (subclass 820) as long as you have a genuine relationship with an Australian permanent resident or citizen and meets all the other requirements for onshore partner visa.
I APPLIED FOR aN ONSHORE partner visa (SUBCLASS 820). UNFORTUNATELY My PARTNER (SPONSOR) PASSED AWAY. WILL MY APPLICATION BE CANCELLED OR REFUSED?
You will need to provide the Department of Home Affairs (DHA) with the death certificate of your partner, as well as a letter explaining the circumstances. If the Department of Home Affairs accepts that had your wife not died, your relationship would have continued, you will be granted a partner visa.
