Established in1990| Two Accredited Specialists in Immigration Law (Law Institute Accredited Specialists) | More than 30 years in Australian migration law
Australian partner visa lawyers
If you want to live in Australia with your spouse, fiancé(e) or de facto partner, applying for an Australian partner visa is an important pathway to bringing your family together.
However, the partner visa process is complex, and Home Affairs closely scrutinises the application and whether the relationship is genuine. Poor preparation or incomplete documents can lead to delays or refusal, and can even affect future visa applications.
Chua Tan Associates Expert Lawyers has acted in Australian migration law since it was established in 1990, bringing more than 30 years of experience, and has Two Accredited Specialists in Immigration Law. For many years we have helped clients with partner visa applications of all kinds, appeals against partner visa refusals, visa cancellations, ministerial intervention and judicial review in the federal courts.
Whether your situation is simple or complex, we will work out a migration strategy that suits your circumstances.
Our partner visa services
We offer a full range of partner visa services, including:
- Onshore partner visa (subclass 820/801)
- Offshore partner visa (subclass 309/100)
- Prospective Marriage visa (subclass 300)
- De facto partner visa
- Same-sex partner visas
- Further partner visa applications
- Advice after a partner visa refusal
- Partner visa cancellations
- Review at the Administrative Review Tribunal (ART)
- Judicial review in the federal courts
- Planning for permanent residence
- Australian citizenship applications
Why choose Chua Tan Associates?
Established in1990+
Chua Tan Associates has more than 30 years' experience in Australian migration law and acts for clients from around the world.
Two Accredited Specialists in Immigration Law
Our firm has two Law Institute Accredited Specialists in Immigration Law.
Our lawyers regularly act in complex migration matters, including:
- Partner visa refusals
- Disputes about whether a relationship is genuine
- Character issues
- Family violence provisions
- ART review
- Federal Court proceedings
Extensive migration litigation experience
We regularly act for clients in:
- Administrative Review Tribunal (ART)
- Federal Circuit and Family Court of Australia
- Federal Court of Australia
- High Court of Australia (where applicable)
In complex partner visa matters, we can represent you at every stage.
What types of partner visa are there?
The most common are:
Onshore partner visa
- Temporary Partner Visa (Subclass 820)
- Permanent Partner Visa (Subclass 801)
For applicants in Australia.
Offshore partner visa
- Temporary Partner Visa (Subclass 309)
- Permanent Partner Visa (Subclass 100)
For applicants outside Australia.
Prospective Marriage visa
Future Marriage Visa (Subclass 300)
For couples planning to marry in Australia.
De facto partner visa
For couples who are not married but are in a de facto relationship recognised under Australian law.
Who can apply for a partner visa?
Applicants generally need to show:
- A genuine and continuing relationship (Genuine and Continuing Relationship)
- You live together or plan to
- Financial ties
- Your relationship is recognised by family and friends
- Long-term plans for a shared future
Home Affairs weighs all the evidence together.
How do I prove the relationship is genuine?
This is the key question in any partner visa application.
Common evidence includes:
Financial aspects
- Joint bank accounts
- Joint loans
- Shared living expenses
- Records of financial support
Living together
- Joint lease
- Property ownership
- Utility bills
- Proof of living at the same address
Social aspects
- Photos together
- Statements from family and friends
- Records of travel together
- Social media records
Commitment to the future
- Wedding plans
- Arrangements for children
- Long-term plans
We help clients put together complete and persuasive evidence.
Why are partner visas refused?
Common reasons include:
- Not proving the relationship is genuine
- Poorly prepared documents
- Giving incorrect or false information
- Character issues
- Health issues
- Not meeting the legal requirements
A refusal doesn't necessarily mean the end of the road.
What if my partner visa is refused?
Depending on your case, you may be able to:
- Apply to the Administrative Review Tribunal (ART) for review
- Reapply for a visa
- Apply to the Seek judicial review in the federal courts
- Request ministerial intervention (where applicable)
Time limits are very strict, so get legal advice as soon as possible.
Does family violence affect a partner visa?
It can.
If the relationship has ended because of family violence, you may still be able to go on to the permanent partner visa, provided the requirements of the Migration Regulations 1994 are met.
We can:
- Prepare evidence of family violence
- Make legal submissions to Home Affairs
- Act for you in complex matters
How long does a partner visa take?
Processing times vary from case to case. Factors include:
- The visa type
- How complex the case is
- How complete the evidence is
- Home Affairs processing times
- Whether more information is requested
A complete, accurate application usually avoids unnecessary delays.
Frequently asked questions
We're not married. Can we still apply?
Yes, as long as you meet the legal requirements for a de facto partner visa or a Prospective Marriage visa.
How long do we need to have lived together?
A de facto relationship generally needs to have lasted at least 12 months, although the law allows for exceptions.
Can same-sex couples apply?
Yes. Australian law recognises same-sex relationships equally.
Can I work while my partner visa is being processed?
It depends on the visa type and the conditions of your bridging visa.
Can I appeal a partner visa refusal?
Many applicants have the right to seek review at the ART.
Why engage a migration lawyer?
Partner visas involve migration law, and may also involve:
- Family law issues
- Family violence provisions
- Character requirements
- Visa cancellation
- Administrative review
- Federal Court proceedings
A lawyer can:
- Plan the right application strategy
- Prepare thorough legal submissions
- Gather persuasive evidence
- Deal with Home Affairs on your behalf
- Represent you at the ART and in court
Talk to a Melbourne partner visa lawyer today
Whether you are applying for a partner, de facto or prospective marriage visa, or facing a refusal, cancellation or appeal, Chua Tan Associates can help.
Chua Tan Associates Expert Lawyers
Established in1990+
Two Accredited Specialists in Immigration Law (Law Institute Accredited Specialists)
More than 30 years in Australian migration law
Let an experienced migration lawyer help you reunite with your family in Australia and reach your long-term migration goals.
CHUA TAN ASSOCIATES
Lawyers, Public Notaries & Consultants
Level 2, 262 Queen Street
Melbourne 3000, Victoria
Australia
Tel: (+613) 9602 3988
Fax: (+613) 9602 3988
Email: chuatan@tpg.com.au
Talk to a lawyer about your situation
Book a 30-minute paid consultation in English, Mandarin or Cantonese, in person in Melbourne or by video from anywhere in the world. If you go ahead and instruct us, the consultation fee is credited to your first invoice.
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