Partner Visa Application: Preparing and Lodging with a Lawyer
Preparing a complete visa and sponsorship application with defined lawyer and client responsibilities.
Information checked 9 October 2026
Who prepares what?
- Provide identity, visa history and a truthful relationship chronology.
- Supply relationship records and the checks requested for the application.
- Tell the lawyer about changes, refusals, conditions or missing records.
- Provide citizenship or residence and relationship documents.
- Disclose previous sponsorships and relevant history.
- Complete the linked sponsorship application and keep records consistent.
Partner visa application preparation starts with 6 tasks that identify the pathway, check legal barriers, organise evidence, review forms, lodge the visa and sponsorship applications, and record the next stage. According to the Department of Home Affairs’ subclass 820 and subclass 309 guidance, the 820/801 pathway requires the applicant to be in Australia when applying, while the 309/100 pathway requires the applicant to be outside Australia when applying.
A preparation workflow to discuss with a lawyer
| Preparation step | Applicant supplies or confirms | Sponsor supplies or confirms | Lawyer’s defined preparation task | Evidence gap or issue to resolve | Recorded output |
|---|---|---|---|---|---|
| 1. Identify the pathway | Location, relationship, travel | Status and relationship | Compare 820/801, 309/100 and 300 | Location or category mismatch | Proposed pathway and reasons |
| 2. Check validity and legal barriers | Visa notices, conditions, refusals | Sponsorship chronology | Assess restrictions | s 48, no-further-stay, Schedule 3 or sponsor limits | Issue list and additional work |
| 3. Organise relationship and personal evidence | Identity, chronology, relationship records, dependants, disclosures | Status, relationship records, disclosures | Map records to criteria | Missing periods or inconsistencies | Evidence index and requests |
| 4. Review forms and instructions | Check personal answers and changes | Check sponsorship answers | Compare drafts with records | Conflicting dates, names or history | Reviewed drafts and outstanding items |
| 5. Lodge the separate online actions | Approve answers and payment arrangements | Complete or authorise sponsorship | Lodge agreed actions | Missing linkage, uploads or submission | Receipt, TRN/Application ID, sponsorship confirmation |
| 6. Record the next stage | Read notices; report changes | Report relevant changes | Explain notices and scope handover | Unchecked status, travel or stage assumptions | Status checklist and next-stage record |
These are proposed scope items, not services supplied by this guide.
An Australian migration lawyer can assess application validity, identify missing evidence and define the work included in an application-only engagement. The applicant supplies their personal and visa history, while the sponsor supplies their status, sponsorship history and required disclosures. The Department of Home Affairs’ partner visa instructions treat the visa application and sponsorship application as separate online actions. Partner Visa Australia Lawyer guide explains these tasks; it does not lodge applications or act as a law practice.
Request Partner Visa Legal Help
Describe your current application stage and the preparation or review work you need.
Before the next step
- Check location, visa conditions and sponsorship history before choosing a pathway.
- Reconcile relationship evidence with both applicants’ and sponsors’ answers.
- Agree who lodges each application and handles later correspondence.
On this page
- Which partner visa application fits your situation?
- What does the lawyer prepare and what do you supply?
- How is relationship evidence reviewed?
- How are the visa and sponsorship applications lodged?
- What changes at the permanent stage?
- What remains outside an application-only retainer?
- Arrange a partner visa consultation
Which partner visa application fits your situation?
The partner visa application that fits your situation depends on your location at application, relationship category and the applicable validity and eligibility requirements. The Department of Home Affairs’ partner visa guidance explains the combined pathways.
| Pathway | Situation to assess | Location at application | Application structure | Lawyer’s first check |
|---|---|---|---|---|
| 820/801 | Spouse or qualifying de facto partner | Applicant and accompanying applicants in Australia | Temporary/permanent together | Conditions, validity, relationship, sponsor |
| 309/100 | Spouse or qualifying de facto partner | Applicant outside Australia | Provisional/permanent together | Offshore requirements, relationship, sponsor |
| 300 | Intending marriage | Applicant and accompanying applicants outside Australia | Separate; later partner application distinct | Meeting, marriage intention, location |
| 801 or 100 assessment stage | Permanent assessment | Current stage instructions govern | Existing combined pathway | Initial date, updated evidence, exceptions |
What needs checking before an onshore application?
- Current substantive visa and conditions.
- Refusal or cancellation history relevant to s 48.
- No-further-stay restrictions.
- Schedule 3, where relevant.
- Sponsor eligibility and sponsorship history.
The Migration Act 1958, ss 46 and 48, and Migration Regulations 1994, Schedule 3, concern different restrictions and criteria; marriage does not remove them.
When does the prospective marriage pathway need separate advice?
Check the Department of Home Affairs’ subclass 300 requirements:
- Face-to-face meeting as adults since turning 18 and personal knowledge.
- Intended marriage and actual grant period.
- Separate later partner requirements and charge—not an automatic visa through marriage.
What does the lawyer prepare and what do you supply?
The lawyer prepares the legal assessment and agreed application work; the applicant and sponsor supply accurate records, review their answers and give instructions.
| Work item | Lawyer’s role, if retained | Applicant’s role | Sponsor’s role |
|---|---|---|---|
| Pathway and validity assessment | Identify criteria and restrictions | Supply visa/application history | Supply status/sponsorship history |
| Evidence review | Identify relevant gaps | Provide authentic records and honest chronology | Provide relationship and sponsor records |
| Forms and submissions | Prepare or review agreed documents | Check answers; approve instructions | Check sponsorship answers; approve instructions |
| Lodgement | Submit agreed actions only | Confirm instructions and payment arrangements | Complete or authorise separate sponsorship |
| Post-lodgement work | Act within continuing scope | Read notices; report changes | Report sponsorship changes |
Whose interests does the lawyer represent?
The client is the person or people identified in the engagement. Establish whether the lawyer acts for the applicant, sponsor or both; their interests may differ. An enquiry does not appoint a lawyer: confirm the client, scope and information-sharing arrangements before instructing them.
How is relationship evidence reviewed?
Relationship evidence review checks whether the records substantiate the relevant relationship criteria and explain the couple’s actual circumstances. The Migration Act 1958, ss 5F and 5CB, defines spouse and de facto relationships; the Migration Regulations 1994, regs 1.09A and 1.15A, require consideration of relationship circumstances.
| Evidence area | Useful records | Gap to identify | Review response |
|---|---|---|---|
| Financial aspects | Expenses, liabilities, transfers | Short or conflicting coverage | Explain actual arrangements |
| Household aspects | Addresses, responsibilities | Inconsistent residence dates | Reconcile without inventing cohabitation |
| Social aspects | Recognition, activities, statements | Generic claims | Seek first-hand observations |
| Commitment | History, communication, support | Unsubstantiated continuity | Connect claims to dated records |
| Spouse/de facto category | Marriage or registration records | Certificate treated as whole case | Assess broader criteria |
| Personal/administrative records | Identity, dependants, translations | Names or versions differ | Resolve against current checklist |
What if you have limited joint records or time apart?
Firstly, record the actual chronology. Secondly, identify contemporaneous evidence and reasons for separate arrangements. Thirdly, assess remaining gaps against the applicable criteria.
Which supporting forms are actually required?
| Form | Requirement to check |
|---|---|
| Form 888 | Department of Home Affairs’ supporting statement, design date 08/26: reopen the current PDF; no universal JP/notary requirement or Australian supporter requirement. |
| Form 80 | Supply the Department of Home Affairs’ Form 80 when required by the checklist or processing office. |
Special s 48 validity declarations are separate from Form 888; check the applicable Schedule 1 item in the Migration Regulations 1994.
How are the visa and sponsorship applications lodged?
Follow the Department of Home Affairs’ partner visa instructions, with responsibility for each action agreed beforehand.
- Firstly, confirm the pathway and validity requirements.
- Secondly, prepare the required records using the current subclass instructions.
- Thirdly, review the applicant’s answers, disclosures and supporting documents.
- Fourthly, submit the visa application through the agreed ImmiAccount arrangement and retain its receipt and identifiers.
- Fifthly, complete the separate sponsorship application using the applicant’s TRN/Application ID as directed by current Home Affairs instructions.
- Sixthly, retain submission confirmations, read any grant or acknowledgement notices and establish responsibility for future correspondence.
What should you confirm after lodgement?
- Submission and payment confirmations.
- Uploaded documents and outstanding requests.
- Actual visa status, commencement and conditions.
- Who receives and responds to Department correspondence.
The Department of Home Affairs’ Bridging Visa A guidance explains commencement and conditions: lodgement alone establishes neither immediate work rights nor permission to leave and re-enter Australia.
What changes at the permanent stage?
Permanent-stage preparation updates the evidence for the 801 or 100 assessment; it is not automatically a new standalone partner visa application. The Department of Home Affairs’ subclass 801 and subclass 100 guidance measures ordinary timing from the initial combined application.
| Permanent stage | Ordinary timing reference | Preparation task | Qualification |
|---|---|---|---|
| 801 | Two years after initial application | Update relationship and required evidence | Conditional earlier consideration |
| 100 | Two years after initial application, not 309 grant | Prepare current stage evidence | Relevant criteria and exceptions apply |
What if the relationship is long-term or circumstances have changed?
The Migration Regulations 1994, reg 1.03, defines a long-term partner relationship; qualifying circumstances permit earlier consideration, not a promised simultaneous or permanent grant.
The Department of Home Affairs’ relationship-ended guidance requires separate assessment of breakdown, sponsor death and qualifying child or family-violence circumstances. A sponsor cannot personally cancel the applicant’s visa.
What remains outside an application-only retainer?
An application-only retainer covers the agreed preparation and lodgement work, not every later issue arising in the case. Confirm coverage for:
- Information requests and adverse-information responses.
- Further evidence after lodgement.
- Permanent-stage assessment.
- Health, character, waiver or validity submissions.
- Relationship changes, sponsorship withdrawal or cancellation.
- Refusal, ART review and court proceedings.
The Migration Act 1958, ss 56–58, distinguishes information requests from invitations to comment on defined adverse information; read the actual notice for response requirements. The Administrative Review Tribunal’s immigration guidance explains merits review, which is distinct from court review; review deadlines depend on the decision letter, notification and status.
How should the application work be quoted?
A quotation should address:
- Advice-only, review-only or full preparation/lodgement.
- Applicant, sponsor and dependant work.
- Evidence volume, translations and reconstructed history.
- Validity, sponsorship, health or character complications.
- Post-lodgement and permanent-stage inclusions.
Ask for a written quotation in A$ that identifies the legal work, GST treatment and exclusions; government charges, medical examinations, police checks and translation expenses are separate costs.
Arrange a partner visa consultation
Use a Partner Visa Consultation to identify the pathway, legal issues and preparation scope before instructing a lawyer. Have available:
- Your current visa notice and application history.
- A concise relationship and sponsorship chronology.
- Your application stage and the work you want assessed.
Partner Visa Lawyer Cost explains how scope shapes the quotation and separate expenses. Partner Visa Sponsor Limitations covers how previous sponsorships and relevant criminal-history issues affect the assessment and records required, as outlined in the Department of Home Affairs’ sponsor instructions.
An Australian migration lawyer can check the proposed pathway, identify evidence and validity issues, and define the preparation and lodgement work before you instruct them; the Department decides whether the visa criteria are met.