Overview

Australia’s partner visa system provides a pathway to permanent residence for spouses and de facto partners of Australian citizens, Australian permanent residents, or eligible New Zealand citizens. There are two main pathways depending on where you are when you apply, onshore or offshore, and both follow a two-stage process: a temporary visa first, followed by a permanent visa once the relationship has been further assessed.

LRG Lawyers advises applicants across both pathways, managing the substantial evidence requirements and navigating the processing complexities that make partner visas among the most scrutinised applications in the Australian immigration system.

The Two Pathways

Onshore — Subclass 820 (Temporary) / Subclass 801 (Permanent)

The onshore pathway is for applicants who are already in Australia at the time of lodgement. Lodging a Subclass 820 application allows you to remain in Australia lawfully while the application is processed, you are not required to leave.

The application is lodged as a combined 820/801, both the temporary and permanent stages are applied for at the same time. The Department of Home Affairs assesses the temporary stage first, and if granted, you remain in Australia on the Subclass 820 while the permanent stage (801) is assessed, typically after two years from the date of application.

Key points:

• You must be in Australia when the application is lodged
• A bridging visa keeps you lawful while the 820 is pending
• The 820 allows you to work and study in Australia
• The permanent 801 is generally assessed after two years of being in a relationship with your sponsor

Offshore — Subclass 309 (Temporary) / Subclass 100 (Permanent)

The offshore pathway is for applicants who are outside Australia at the time of lodgement, or who choose to apply from overseas. Like the onshore pathway, both the temporary and permanent stages are lodged together as a combined 309/100 application.

Once the Subclass 309 is granted, you can travel to and live in Australia while the permanent Subclass 100 is assessed. As with the onshore pathway, the permanent stage is generally considered after two years from the date of application.

Key points:

• You must be outside Australia when the application is lodged
• Once the 309 is granted you can enter Australia and remain
• The 309 allows you to work and study in Australia
• The permanent 100 follows after the two-year assessment period

Sponsorship Requirements

Your Australian partner must be approved as a sponsor before or at the same time as your visa application. To be an eligible sponsor they must:

• Be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen
• Be 18 years of age or older
• Not have been the subject of a domestic violence order or family violence finding
• Not have previously sponsored two or more partners (or one partner within the last five years, subject to exceptions)
• LRG Lawyers manages the sponsorship application as part of the overall process.

De Facto Relationships

You do not need to be married to apply for a partner visa. De facto partners are equally eligible provided the relationship meets the Department’s definition, generally that you have lived together in a genuine de facto relationship for at least 12 months prior to lodgement, unless an exemption applies.

LRG Lawyers advises on whether your relationship meets the de facto threshold and what evidence will most effectively demonstrate it.

Why Choose LRG Lawyers

Partner visa applications are deceptively complex. The evidence requirements are extensive, the processing times are long, and the consequences of a poorly prepared application — additional requests for information, delays, or refusal, can be significant for couples and families.

LRG Lawyers brings rigour and care to every partner visa application. We take the time to understand your relationship and your circumstances, build a comprehensive evidence package, and keep you informed throughout what can be a lengthy process.

Contact LRG Lawyers today to discuss your partner visa options.