Understanding the Partner Visa Application Process
Applying for a partner visa in Brisbane can be a complex and emotionally significant process. Whether you are in a married or de facto relationship, ensuring your application meets the legal requirements is essential. Even genuine couples can face challenges if the correct documentation and evidence are not submitted.
We understand the importance of getting this right the first time. Our partner visa lawyers are experienced in handling partner visa applications and appeals, helping clients from Brisbane and across Australia. We approach every matter with professionalism, care, and a focus on achieving the best outcome.
Clients choose us because we provide clear advice, consistent communication, and a strong understanding of the partner visa process. We’re here to support you with confidence and clarity through each stage, from your initial enquiry to visa approval.
What Is a Partner Visa Application?
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. These visas are designed to keep couples together, but the legal process requires strong evidence, careful documentation, and full compliance with immigration regulations.
Partner visas are typically granted in two stages:
- Temporary Partner Visa (Subclass 820 or 309)
This visa allows you to live in Australia temporarily while your permanent visa is being processed. - Permanent Partner Visa (Subclass 801 or 100)
You may be granted permanent residency after a set period and further assessment.
Eligibility depends on several factors, including the nature of your relationship, its duration, your shared commitments, and personal immigration history. Depending on your circumstances, you may apply while you are in Australia (onshore) or from overseas (offshore).
Even when relationships are genuine, applications can be refused due to insufficient evidence or administrative errors. Having a clear understanding of the requirements is essential, and legal advice can significantly affect your outcome.
Why Do You Need a Lawyer for Partner Visas?
Applying for a partner visa involves more than submitting a form. It requires a clear understanding of immigration law, careful preparation of evidence, and the ability to meet strict eligibility criteria.
You may be wondering whether it is worth engaging a lawyer. To help you decide, ask yourself the following questions:
Ask Yourself:
- Are you confident that you’ve included all the required relationship evidence?
- Do you understand the legal criteria for what constitutes a “genuine and continuing” relationship under Australian law?
- Are you applying onshore or offshore, and do you know which subclass applies to your situation?
- Have you had a visa refused, cancelled, or do you have a complex immigration history?
- Do you know how to respond to requests for further information from the Department of Home Affairs?
- Are you prepared to manage deadlines, forms, and changing immigration policies without legal guidance?
If any of these questions raise doubt, speaking with a qualified partner visa lawyer can make all the difference. We ensure you avoid unnecessary stress, reduce the risk of refusal, and take control of your application with confidence.
A Clear and Efficient Legal Approach
Step 1: Book a Free Consultation
We begin with a no-cost, no-obligation consultation. This allows you to speak with us, explain your situation, and ask any initial questions.
Step 2: Receive Initial Free Advice
During your consultation, you’ll receive practical legal advice about your partner visa eligibility, required documentation, and the next steps. This will help you make an informed decision before proceeding.
Step 3: Engage Our Services
If you choose to proceed, we’ll handle your application from start to finish. This includes preparing and lodging all documents, communicating with the Department of Home Affairs, and keeping you updated throughout the process.
Why Choose Sambi Legal for Your Partner Visa Application?
Choosing the right legal representation for your partner visa application is a decision that can significantly affect your future.
Our team works with clients across Australia, including Brisbane, Melbourne, Sydney, Perth, and Adelaide. We assist with first-time applications, complex evidence requirements, and visa refusals, guiding you through the process with professionalism and care.
What evidence is required to prove a genuine relationship?
We focus on immigration and administrative law, which means we understand the detailed legal requirements involved in partner visa applications. Our team has handled a wide range of matters, from standard applications to complex appeals, giving us the knowledge and experience to manage your case effectively.
Empathetic and Respectful
We take the time to understand your relationship, your background, and your goals. From culturally diverse households to same-sex couples and long-distance circumstances, we treat every client with genuine respect and empathy.
Affordable and Transparent Fees
We believe high-quality legal support should be accessible. That’s why we offer transparent pricing and provide initial advice for free.
Australia-Wide Representation
While we are based in Brisbane, we work with clients across Australia, including Melbourne, Sydney, Perth, and Adelaide. Our systems allow us to support you remotely or in person, depending on what works best for your situation.
Frequently Asked Questions
What evidence is required to prove a genuine relationship?
To meet visa requirements, you must provide evidence that your relationship is genuine and continuing. This can include joint financial documents, shared living arrangements, communication history, photographs, and statutory declarations. Each case is different, and the evidence must reflect your unique circumstances.
Can I apply for a partner visa if I’m currently in Australia on another visa?
Yes. If you’re in Australia on a valid visa, such as a visitor visa, you may be eligible to apply for an onshore partner visa (subclass 820/801). However, timing and visa conditions are critical, especially if you have a ‘no further stay’ condition or your visa is expiring soon. Legal advice can help you plan the application properly.
What happens if my partner visa application is refused?
If your application is refused, you may have the right to appeal the decision through the Administrative Review Tribunal (ART). Sambi Legal has extensive experience handling appeals and can assist in reviewing your case, identifying weaknesses in the original application, and presenting a strong submission on your behalf.
How long does the partner visa process take?
Processing times vary depending on the type of visa, the complexity of the application, and the Department of Home Affairs’ workload. On average, the temporary partner visa may take between 12 and 24 months. Providing complete and accurate information from the beginning can help avoid delays.
Is the initial consultation really free?
We provide a free initial consultation where you can speak with us, outline your situation, and receive early legal guidance. There is no cost or obligation to proceed, giving you the opportunity to make an informed decision about your next steps.
If you’re dealing with a legal issue and aren’t sure where to start, we’re here to help. Contact Sambi Legal today to arrange your free initial consultation. We’ll listen to your concerns, explain your options, and help you decide on the next steps.
"*" indicates required fields
