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  • Partner Visa Law

Partner Visa Lawyer Sydney

Applying for a partner visa in Australia is complex. Prompt Law’s Sydney lawyers handle eligibility, evidence, lodgement, Department communications, and AAT appeals with fixed, transparent fees.

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5.0 ★★★★★  | 600+ Reviews

CMI Legal - Est. 2014

Law Society NSW Member

Chatswood Office

Australia-wide & International

  • Visa Categories

Types of Partner Visas We Handle in Sydney

Partner Visa Subclass 820/801 Onshore Partner Visa

The subclass 820 is a temporary partner visa for applicants already in Australia. Once granted, it transitions to the permanent subclass 801 after two years. This is the most common partnership visa application lodged by couples in Sydney. 

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Partner Visa Subclass 309/100 — Offshore Partner Visa

The subclass 309 is a partner temporary visa for applicants living outside Australia at the time of lodgement. Upon grant, you may travel to Australia and live here while awaiting the permanent subclass 100. The same genuineness requirements apply as for the onshore stream.
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Prospective Marriage Visa Subclass 300

The subclass 300 allows an overseas fiancé to enter Australia to marry their Australian partner within nine months. After marriage, the holder can apply for a temporary partner visa (subclass 820) onshore. This visa does not automatically grant work rights, so timing and planning are critical.
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LGBTIQ+ Partner Visa

Same-sex couples have equal access to all Australian partner visas under the Migration Act 1958. Prompt Law’s partner visa lawyers in Sydney regularly assist LGBTIQ+ couples with both the 820/801 and 309/100 streams, including in jurisdictions where same-sex relationships may not be formally recognised.
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Family Violence Provisions

If your relationship has broken down due to family violence, you may still be eligible for a permanent partner visa. The family violence provisions under the Migration Act allow victims to pursue their visa independently of their sponsor. Evidence requirements are specific and strict, and legal representation is strongly advised.
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Schedule 3 Partner Visa

Schedule 3 applies to applicants who are unlawful non-citizens or hold only a bridging visa at the time of applying. It adds additional requirements to the standard spouse visa application. Successfully arguing compelling reasons under Schedule 3 requires precise legal submissions, and this is not a self-help scenario.
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  • Eligibility

Eligibility Requirements for a
Partner Visa

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Relationship Requirements

Same-sex couples have equal access to all Australian partner visas under the Migration Act 1958. Prompt Law’s partner visa lawyers in Sydney regularly assist LGBTIQ+ couples with both the 820/801 and 309/100 streams, including in jurisdictions where same-sex relationships may not be formally recognised.

Sponsorship Requirements

Your sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen aged 18 or older. Sponsorship is subject to lifetime limits, generally a maximum of two partners, with a five-year restriction between applications. Your sponsor’s character and criminal history can also affect the outcome.

Health & Character Requirements

All applicants must complete a health examination through an approved panel physician and provide police clearances from Australia and every country they have lived in for 12 months or more over the past decade. A significant criminal record, particularly sentences of 12 months or more, can result in refusal under s501 of the Migration Act.
  • Documentation

Partner Visa Documents Checklist for Sydney Applicants

Partners & Families

A current passport is required to confirm your identity and nationality. It must remain valid throughout your application period.

Birth Certificate

Your birth certificate verifies your identity and date of birth. It must be translated into English by a certified translator if necessary.

Marriage Certificate or Proof of De Facto Relationship

If married, submit your official marriage certificate. For de facto applicants, provide evidence of living together, such as joint bills or a shared lease.

Proof of Shared Residence

Provide rental agreements, mortgage documents, or utility bills confirming that both partners live at the same address.

Financial Evidence Of Joint Life

Submit joint bank statements, shared insurance policies, and joint loan documents to demonstrate financial interdependence between you and your partner.

Photographic Evidence

Photographs of your relationship at events, holidays, and daily life help show a genuine, continuing partnership across different stages of your relationship.

Police Clearance Certificates

Police clearance certificates from every country you have lived in for 12 months or more are required to assess your criminal history.

Health Examination Results

You must complete a health examination through an approved panel physician to meet Australia's health requirements for partner visa applicants.

Sponsor's Citizenship or Residency Proof

Your sponsor must provide proof of their Australian citizenship, permanent residency, or eligible New Zealand citizen status, such as passport or residency visa.

Statutory Declarations

Statutory declarations from friends, family, or colleagues who know you as a couple help affirm the genuine and continuing nature of your relationship.

  • Processing Times

Partner Visa Processing Times Sydney

Processing times for partner visas in Australia are among the longest of any visa category. Current Department of Home Affairs estimates indicate:

Subclass 820
17-28 months
75% of applications
Subclass 820
33-43 months
90% of applications
Subclass 820
18-24 months
75% of applications
While your subclass 820 or 309 application is pending, you hold a bridging visa that grants full work and study rights and access to Medicare once lodged. The permanent stage (subclass 801 or 100) is assessed approximately two years after your initial lodgement date. Prompt Law monitors every application and responds immediately to any Department requests to avoid unnecessary delays.
  • Our Process

Our Step-by-Step Partner Visa Application Proces

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Consultation and Engagement

We assess your eligibility, identify the correct visa subclass, and flag any complications before you spend a dollar on government fees, guided by an experienced migration lawyer. Fixed professional fees are confirmed upfront.

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Document Preparation

Our lawyers build your application file strategically, organising evidence across all four statutory categories and preparing detailed relationship statements that address Department assessment criteria directly.

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Submission and Communication

We lodge your combined application through ImmiAccount and simultaneously file your sponsor's Form 40SP. From that point, all Department correspondence is handled by Prompt Law. You will not face a government letter alone.

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Representation and Outcome

If the Department issues a notice requesting further information or raises concerns, we respond with precision. If your application is refused, we advise you immediately on review rights and AAT appeal options.

  • Application cost

Breakdown of Partner Visa Application Costs

Subclass 820/801
Onshore Partner Visa
Main Applicant
$9,365
Dependent (+18)
$4,685
Dependent (under 18)
$2,345
Subclass 309/100
Onshore Partner Visa
Main Applicant
$9,365
Dependent (+18)
$4,685
Dependent (under 18)
$2,345
Subclass 300
Prospective Marriage Visa
Main Applicant
$9,365
Dependent (+18)
$4,685
Dependent (under 18)
$2,345
Family Violence Partner Visa
Main Applicant
$9,095
Dependent (+18)
$4,550
Dependent (under 18)
$2,280
Partner Visa
Main Applicant
$9,365
Dependent (+18)
$4,685
Dependent (under 18)
$2,345
  • Specialised Legal Support

Partner Visa Problems? Our Sydney Lawyers Resolve Difficult Cases

Schedule 3 Criteria

Schedule 3 applies when an applicant is an unlawful non-citizen or holds only a bridging visa. Success depends on demonstrating compelling reasons. Our lawyers prepare targeted legal submissions that address every Schedule 3 criterion directly.

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Health Waivers

Adverse health findings, including HIV, diabetes, and significant medical histories, do not automatically mean refusal. Prompt Law prepares health waiver submissions that document humanitarian considerations and your case for discretion.

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Character Issues and Criminal Records

A prior conviction does not end your immigration partner visa prospects, but it must be handled carefully. We prepare s501 character submissions, liaise with law enforcement where required, and present your case in the strongest possible terms.

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Partner Visa Refusals and AAT Appeals

A refused partner visa can be reviewed at the Administrative Review Tribunal. Strict time limits apply, and missing the deadline in your refusal letter is fatal to the appeal. Prompt Law acts immediately on refusals to protect your review rights.

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Relationship Breakdown During Processing

If your relationship ends before your visa is decided, your options depend on the circumstances. Family violence provisions, death of a sponsor, and other exceptional situations each have distinct legal pathways.

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  • Why CMI Legal

Why Sydney Clients Choose Our Team

Prompt response guarantee

Every enquiry receives a same-day response, no exceptions.

Sydney-based legal team

Local knowledge of the Department, the AAT, and Sydney's community evidence landscape.

Fixed and transparent legal fees

Confirmed in writing before you engage.

MARA-registered lawyers only

No unregistered agents, no handoffs to junior staff.

Full-service law firm

If your migration matter touches family law, property, or commercial issues, we handle it within the same firm.

Direct lawyer access

You deal with your lawyer throughout, not a case manager.

  • What Our Clients Say

Client Testimonials and Reviews

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  • FAQs

Frequently Asked Questions

How long does a partner visa take in Sydney?

The subclass 820 temporary partner visa currently takes 17 to 43 months, depending on application quality. The permanent subclass 801 is assessed approximately two years after initial lodgement.
Yes. Onshore applicants receive a bridging visa upon lodgement, granting full work and study rights. Medicare access is also available once the application is validly lodged.
Subclass 820 is the temporary partner visa for onshore applicants. Subclass 801 is the permanent stage, assessed around two years later. Both are applied for simultaneously in one combined application.
Provide joint bank statements, shared lease agreements, utility bills, statutory declarations, photographs, and travel records. Evidence must address all four statutory relationship categories required by the Department.
Yes, but Schedule 3 criteria apply. You must demonstrate compelling reasons for your unlawful status. This is a complex legal argument, and professional representation by a partner visa lawyer is essential.
You can apply for merits review at the Administrative Review Tribunal. Strict deadlines apply and cannot be extended. Contact Prompt Law immediately upon receiving a refusal notice to protect your appeal rights.
Professional fees vary by case complexity. Prompt Law charges fixed fees confirmed upfront. Government visa application charges start at $9,095 to $9,365 for the main applicant, depending on visa subclass.
Yes. All Australian partner visas are equally available to same-sex couples under the Migration Act 1958. Prompt Law regularly assists LGBTIQ+ applicants across both the onshore and offshore partner visa streams.
Agents can lodge standard applications. A migration lawyer is essential for refused applications, AAT appeals, Schedule 3 cases, character issues, and any matter involving Federal Court proceedings.
Schedule 3 imposes extra requirements on unlawful visa applicants. A waiver requires demonstrating compelling reasons. Prompt Law prepares submissions addressing every Schedule 3 criterion with targeted legal argument and supporting evidence.
  • Get Expert Advice

Book Your Migration Consultation

Our qualified immigration lawyers offer paid consultations to guide you through your visa or migration journey. Get practical advice you can trust from
a Sydney-based team.

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