Registered Migration Agents

Partner visa applications are among the most evidence-intensive in the Australian migration system. The Department of Home Affairs assesses the relationship across four categories: financial, household, social and commitment; and the weight placed on each depends on the individual circumstances of the applicant and sponsor.

A refused application can affect future visa options and, in some cases, trigger mandatory departure requirements. Building a well-structured application from the outset matters, both for the initial decision and for the pathway to permanent residency.

Heenan & Browne Visa and Migration Services are registered migration agents advising individuals and couples across Australia on partner visa applications for both onshore and offshore pathways. Every application is assessed on its specific circumstances. There is no universal evidence checklist that applies to all relationships.

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Evidence Strategy What the Department Assesses

The Department of Home Affairs assesses the relationship across four statutory categories. A strong application provides credible, corroborating evidence in each.

Financial Aspects

Joint bank accounts, shared loan or mortgage arrangements, combined insurance policies or evidence of financial interdependence.

Nature of the Household

Joint lease or property ownership, shared utility accounts, mail and correspondence addressed to both parties at the same address.

Social Aspects

Evidence of joint attendance at social events, recognition of the relationship by family and friends, photos and statutory declarations (Form 888).

Commitment

Evidence of a long-term shared future, including joint travel, mutual knowledge of each other's personal and family background and evidence of ongoing communication.

The weight the Department places on any individual piece of evidence depends on the overall pattern of the application. Gaps or inconsistencies across categories, even where individual documents appear strong, can affect the outcome.

Evidence strategy is not simply a matter of collecting documents. It involves understanding how the overall case will be read by the assessing officer.

Choose the Right Partner Visa Pathway

The partner visa is not a single application. It is a two-stage process that follows different streams depending on whether the applicant is in Australia or overseas at the time of lodgement.

Onshore Pathway

Subclass 820 → 801

Applicants already in Australia on an eligible substantive visa apply for the subclass 820 (temporary) partner visa. This visa allows the applicant to remain in Australia and work while the permanent stage is processed.

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Offshore Pathway

Subclass 309 → 100

Applicants outside Australia apply for the subclass 309 (provisional) partner visa offshore.

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Partner Visa Refusals and Review Rights

Partner Visa Refusals and Review Rights

A partner visa application can be refused on several grounds: the Department is not satisfied the relationship is genuine; the applicant or sponsor fails character or health requirements; or required documentation is inconsistent or incomplete.

A refusal at the primary stage does not necessarily end the matter. In most cases, applicants have the right to apply for a merits review with the Administrative Review Tribunal (ART). The time limit for lodging an ART application is specified in the refusal notice. Missing this deadline removes the right to review, with no exceptions. If you have received a refusal notice, obtaining advice promptly is important.

Partner visa refusals can also raise issues for future visa applications. In some circumstances, a refused application can affect the applicant's eligibility to hold a bridging visa, which may have implications for the right to remain in Australia while a review application is considered. Separate advice about visa cancellations and visa refusals may be relevant depending on the circumstances.

Partner Visa to Permanent Residency

The partner visa is a pathway to permanent residency, not simply a temporary arrangement. Understanding the full two-stage structure at the outset including the requirements for the permanent stage can affect how the application is built and what evidence should be retained over time.

After the grant of the permanent stage visa, the holder may be eligible to apply for Australian Citizenship by conferral after meeting the general residence requirements. The pathway from partner visa to citizenship can span a number of years. Decisions made at the initial application stage including the choice of onshore or offshore stream can have lasting effects on the overall timeline.

Partner Visa to Permanent Residency

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Frequently Asked Questions

Applicants already in Australia on an eligible visa apply onshore for the subclass 820 (temporary), which transitions to the subclass 801 (permanent) after a waiting period. Applicants outside Australia apply offshore for the subclass 309 (provisional), which leads to the subclass 100 (permanent). Lodging in the wrong stream, or departing Australia after lodging onshore, can affect visa conditions. The correct stream depends on your location at lodgement and your current visa status.
Processing times vary considerably depending on the application stream, the complexity of the relationship evidence and current Department processing volumes. Onshore subclass 820 applications may grant a bridging visa that allows the applicant to remain in Australia during processing. Offshore subclass 309 applicants must wait outside Australia. Current indicative processing times are published on the Department of Home Affairs website and should be checked at the time of lodgement.
The Department assesses relationship evidence across four categories: financial aspects, nature of the household, social aspects, and commitment. Evidence typically includes joint bank accounts or shared financial arrangements, shared lease or property documents, correspondence addressed to both parties at the same address, statutory declarations from people who know the couple (Form 888), social evidence such as photos or event records, and any other documentation relevant to the length and nature of the relationship. The weight placed on each category depends on the individual application.
A Form 888 is a statutory declaration completed by an Australian citizen, Australian permanent resident, or eligible New Zealand citizen who knows both the applicant and the sponsor. It is used as supporting social evidence of the genuine nature of the relationship. Most applications include at least two Form 888 declarations. The declarations must be completed and signed correctly to be accepted.
Yes. A partner visa can be refused if the Department is not satisfied the relationship is genuine, if the applicant or sponsor does not meet character or health requirements, or if required documentation is incomplete or inconsistent. A refusal can affect future visa options and, in some cases, trigger departure obligations. An application for review of a refusal decision can be made to the Administrative Review Tribunal (ART) within the applicable time limit specified in the refusal notice.
Yes. Both married and de facto partners are eligible for the partner visa. For de facto applications, the Department generally requires evidence of a relationship of at least 12 months' duration, unless the couple is registered under a prescribed state or territory relationship register. The evidentiary requirements for de facto relationships are the same as for married couples.

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