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Partner Visas

Partner Visas in Australia: Reunite with Your Loved One

Partner Visas are designed for the spouses or de facto partners of Australian citizens, permanent residents, and eligible New Zealand citizens who wish to live together in Australia.

Visa Types and Application Process

Applicants must apply for both a temporary visa and a permanent visa simultaneously:

  • Offshore Applications: Subclass 309/100 for applicants outside Australia.
  • Onshore Applications: Subclass 820/801 for applicants already in Australia.

The temporary visa is the first step toward obtaining permanent residency, allowing you to live in Australia with your partner while your application for permanent residency is processed.

Sponsorship and Relationship Proof

To be eligible, the visa applicant must be sponsored by their partner, who must be:

  • An Australian citizen,
  • An Australian permanent resident, or
  • An eligible New Zealand citizen.


The Department of Home Affairs will carefully assess the genuineness of the relationship. Since this can be subjective, submitting a well-prepared and compelling application is essential.

How Can We Help

Partner Visa applications involve complex procedures and detailed requirements. At MY Legal Services and Migration, we specialise in preparing and managing Partner Visa applications to ensure your case is presented strongly and effectively. With the guidance of experienced immigration lawyers, you can navigate the process smoothly and maximise your chances of success.

Schedule 3 Requirements for a Partner Visa in Australia

To apply for a Partner Visa under Schedule 3, you must meet the following criteria:

  • Timely Lodgement:
    Your Partner Visa application must be submitted within 28 days of the expiry of your previous visa.
  • Compelling Grounds:
    You must demonstrate compelling reasons for the grant of the Partner Visa.
  • No Substantive Visa Holder:
    You are not currently holding a substantive visa due to factors beyond your control.
  • Intention to Comply:
    You must show a clear intention to comply with the requirements of the Partner Visa.
  • Eligibility on Previous Visa:
    You would have qualified for a Partner Visa if you had applied on the last day you held a substantive visa.
  • Compliance with Visa Conditions:
    You must have substantially complied with the conditions of your last substantive visa.
  • No 'No Further Stay' Condition:
    Your previous visa must not have been subject to the No Further Stay (Condition 8503) restriction.
What Happens If You Don’t Meet These Criteria?

If you are unable to meet any of the above requirements, you may need to apply for a Schedule 3 waiver. This waiver is based on compelling and compassionate reasons, allowing the Department of Home Affairs to consider your application despite the unmet criteria.

Compelling Reasons for Waiving Schedule 3 Criteria
  • Detrimental Impact on the Australian Sponsor:
    Mental, emotional, or financial hardship to the Australian sponsor if the visa applicant must leave Australia and apply offshore.
  • Circumstances Beyond Your Control:
    Severe illness, war, or other factors preventing you from leaving Australia.
  • Impact on an Australian Child:
    Adverse effects on a child who is an Australian citizen or permanent resident.
Why Choose Withstand Lawyer for the Schedule 3 Citeria?

Maryann Young is an experienced immigration lawyer specialising in:

  • Schedule 3 waivers
  • Visa cancellations
  • Visa refusals


Her approachable and client-focused approach ensures your case is handled with care and precision.

Contact us today at 0403 150 559 or 02 8221 8828 to discuss your Schedule 3 concerns and Partner Visa applications.

Partner Visa Options: Offshore and Onshore Applications
Partner Visa 309 & 100 – Offshore Or Partner Visa 820 & 801 – Onshore

Partner Visa Subclass 309 & 100 (Offshore) This visa allows individuals to migrate to Australia based on a marriage or de facto relationship with:

  • An Australian citizen
  • An Australian permanent resident
  • An eligible New Zealand citizen
  • Subclass 309 (Temporary): Granted first while the applicant is offshore.
  • Subclass 100 (Permanent): Assessed two years after the initial application.


If the relationship is long-term, both temporary and permanent visas may be granted simultaneously, eliminating the two-year wait for permanent residency.

Partner Visa Subclass 820 & 801 (Onshore)

For applicants within Australia, the process mirrors the offshore application, starting with the 820 Visa (Temporary) and transitioning to the 801 Visa (Permanent) after two years.

Subclass 461 Visa – New Zealand Citizen Family Relationship Visa

The Subclass 461 Visa is for partners or eligible family members of settled New Zealand citizens in Australia.

  • Temporary Visa Validity: Five years.
  • Eligibility: Allows the holder to live, work, and study in Australia.
  • Renewability: This visa can be renewed as long as eligibility requirements are met.


Applicants can apply from within Australia or overseas, making it a flexible option for eligible family members.

Call Us Today For Free consolation

Considering Which Visa Is Best For You? Try Our Immigration Consultant Service
Contact Us
Call: +61 403 150 559
You will be assisted by some of the finest lawyers in the country and represented by the Principal of MY Legal Services and Migration, Maryann Young.
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