Prompt Law Australia | Contract Review & Commercial Law Firm
- Immigration & Migration Law
Partner Visa - Lawyers Sydney
Applying for a partner visa in Australia is complex. Our partner visa lawyers Sydney team handles every visa subclass – Subclass 820/801 onshore, Subclass 309/100 offshore, and the Subclass 300 Prospective Marriage Visa. As leading immigration lawyers with deep immigration law expertise, we handle eligibility assessment, relationship evidence, lodgement, Department of Home Affairs communications, and AAT appeals with fixed, transparent fees.
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Australia-wide & International
- Visa Categories
Types of Partner Visas We Handle in Sydney
The Subclass 820 is a temporary partner visa for applicants already in Australia. Once granted, it transitions to the permanent partner visa Subclass 801 after two years. This is the most common partnership visa application lodged by couples in Sydney. Applicants receive a bridging visa with full work and study rights from the date of lodgement until the decision.
Partner Visa Subclass 309/100 — Offshore Partner Visa
The Subclass 309 is the offshore temporary partner visa for applicants living outside Australia at the time of lodgement. Upon grant, you may travel to Australia and live here while awaiting Subclass 100, the offshore permanent partner visa. The same genuineness requirements apply as for the onshore stream. We coordinate with overseas applicants by video call, so no Sydney office visit is required.
Prospective Marriage Visa Subclass 300
The Subclass 300 Prospective Marriage Visa 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. Our partner visa lawyers structure the lodgement to align with wedding plans and post-marriage Subclass 820 transition.
LGBTIQ+ Partner Visa
Family Violence Provisions
Schedule 3 Partner Visa
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
- 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:
- Our Process
Our Step-by-Step Partner Visa Application Proces
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.
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.
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.
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
- 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.
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.
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.
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.
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.
- 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?
Can I work in Australia while my partner visa is being processed?
What's the difference between Subclass 820 and Subclass 309 partner visas?
Both are temporary partner visa subclasses, but Subclass 820 is for applicants already in Australia at the time of partner visa application lodgement, while Subclass 309 is lodged outside Australia and granted before travel. Both lead to the same permanent partner visa, Subclass 801 follows from 820, and Subclass 100 follows from 309. Onshore lodgement gives you a bridging visa with full work and study rights; offshore lodgement gives you certainty of a grant before relocating.
Can my de facto partner apply if we have lived together for less than 12 months?
Generally, a de facto partner relationship requires at least 12 months of cohabitation before partner visa application lodgement, but there are two exceptions. First, registering your relationship under state law (in NSW, with Births, Deaths and Marriages) removes the 12-month requirement entirely. Second, compelling and compassionate circumstances, such as having a child together, also waive the requirement. Our partner visa lawyers advise on the strongest pathway for your specific situation.
Can I apply for a partner visa if I have overstayed my visa?
What happens if my partner's visa is refused?
How much does a partner visa lawyer cost in Sydney?
Can same-sex couples apply for a partner visa in Australia?
Do I need a lawyer or a migration agent for my partner visa?
Do I need to lodge a separate application for the permanent partner visa?
No. Under the current Migration Regulations, the permanent partner visa (Subclass 801 or 100) is assessed automatically two years after your initial partner visa application lodgement – you do not lodge a new application, but you must provide updated relationship evidence at the two-year point. We recommend keeping a relationship evidence file throughout the temporary stage so the permanent stage assessment is straightforward and likely to result in granted permanent residency.
- Get Expert Advice
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Our qualified immigration lawyers offer paid consultations to guide you through your visa or migration journey. Get practical advice you can trust from
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