Applying for a partner visa is one of the most significant steps in a couple’s journey, especially when one partner is from outside Australia. Understanding the Australian partner visa requirements is crucial before lodging an application, as it can be a lengthy and expensive process with serious implications if done incorrectly. While some couples choose to go it alone, many turn to the best Brisbane immigration lawyers to guide them through the technicalities and ensure every box is ticked. But whether you’re hiring legal help or not, knowing what’s expected is your first responsibility.
What Is an Australian Partner Visa?
A partner visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia. There are two main subclasses depending on whether the applicant is inside or outside the country:
- Subclass 820/801 – for onshore applicants
- Subclass 309/100 – for offshore applicants
The process is split into two stages: a temporary visa (820 or 309) and, after a waiting period of approximately two years, a permanent visa (801 or 100). The applicant must continue to meet all criteria throughout both stages.
Basic Australian Partner Visa Requirements
To apply successfully, both the applicant and the sponsor must meet specific legal and personal criteria. Here’s what the Australian government expects:
1. Genuine and Ongoing Relationship
This is the cornerstone of any partner visa application. The government wants proof that the relationship is real—not for convenience, not for visa gain, but based on genuine mutual commitment.
To demonstrate this, couples must provide evidence across four key areas:
- Financial: Shared accounts, joint bills, loans, or purchases.
- Social: Photos together, invitations as a couple, declarations from friends and family.
- Household: Shared living arrangements, leases, household chores or expenses.
- Commitment: Long-term plans, travel together, communication logs during separations.
The more consistent and well-documented the evidence, the stronger your case.
2. Relationship Duration and Status
You must be:
- Married, or
- In a de facto relationship for at least 12 months prior to application, or
- Have your relationship registered in an Australian state or territory (in some cases this can waive the 12-month requirement)
Keep in mind that even if married, the relationship must still meet the “genuine and ongoing” test.
3. Sponsorship Eligibility
The sponsor must be:
- An Australian citizen,
- A permanent resident, or
- An eligible New Zealand citizen.
There are also limits on how many people one can sponsor and how often. Previous sponsorships and criminal history may affect eligibility.
4. Health and Character Checks
Both the applicant and, in some cases, the sponsor must provide:
- A full medical examination
- Police clearances from every country where they have lived for 12 months or more over the last ten years
Failing the health or character test can lead to a visa refusal—even if all other requirements are met.
Supporting Documentation
One of the biggest challenges in a partner visa application is the documentation. There’s no exact checklist that fits every couple, but immigration officers are looking for depth and consistency. These documents often include:
- Relationship timeline
- Joint financial records
- Rental or mortgage documents
- Travel history
- Social media interactions
- Photos and chat logs
- Statutory declarations from each partner and from friends/family
Many applicants seek help from the best Brisbane immigration lawyers to organize their evidence and ensure nothing is overlooked. This is especially important when the relationship includes periods of long-distance or non-traditional arrangements.
Common Reasons for Refusal
Despite good intentions, many applications fail because of:
- Inconsistent evidence: Mismatched dates, conflicting statements, or vague answers.
- Insufficient documentation: Failing to prove cohabitation, finances, or social proof.
- Ineligibility of sponsor: Prior sponsorship issues or incomplete history.
- Lack of legal clarity: Unclear relationship status, overlapping relationships, or misunderstandings about de facto requirements.
Avoiding these pitfalls often comes down to preparation and honest self-assessment before applying.
The Role of Legal Support
While hiring a lawyer isn’t required, many couples—especially those with unique or complex circumstances—seek guidance from professionals. The best Brisbane immigration lawyers don’t just fill out forms; they analyze your relationship in legal terms, help structure your evidence, write persuasive submissions, and handle communications with immigration on your behalf. This can make a significant difference in both processing times and final outcomes.
Final Thoughts
Understanding the Australian partner visa requirements is essential for any couple planning a future together in Australia. It’s not just about proving you’re in love—it’s about presenting a well-organized, evidence-based case that satisfies immigration law. From documentation to legal eligibility, every step matters.
Whether you’re married or in a long-term relationship, approaching the process with clarity, preparation, and honesty will give you the best chance of success. And if the process feels overwhelming, turning to the best Brisbane immigration lawyers for help can provide the reassurance and legal precision that a life-changing decision like this deserves.
