Which Partner Visa Applies?
| Situation | Subclasses |
|---|---|
| Applicant is in Australia | 820 (temporary) + 801 (permanent) — lodged together |
| Applicant is outside Australia | 309 (temporary) + 100 (permanent) — lodged together |
| Not yet married, planning to | 300 Prospective Marriage visa |
What the Department Looks For
The Department assesses four categories of evidence. Thin evidence in any one category can result in a request for more information — or a refusal.
1. Financial
Joint bank accounts, shared financial commitments, evidence of supporting each other financially, insurance.
2. Household
Shared lease or mortgage, joint responsibility for children, cohabitation evidence, shared utilities.
3. Social
How the relationship is viewed by others — statutory declarations from friends and family, photos together, travel, social media.
4. Commitment
Knowledge of each other's background and history, future plans, length of relationship, any periods of separation explained.
The 820/801 involves two decision points: a temporary stage decision (usually 12–24 months after lodgement) and a permanent stage decision (around 2 years later). Between the two, the Department often requests updated evidence that the relationship is ongoing.
De Facto Relationships — The 12-Month Rule
De facto couples generally need to have been living together in a genuine relationship for at least 12 months before lodging. Exceptions apply for registered relationships and couples who have a child together.
Family Violence Provisions
If a relationship breaks down due to family violence before the permanent visa is granted, the visa applicant may still qualify for the permanent visa under Australia's family violence provisions. This requires specific evidence — which can include police reports, intervention orders, statutory declarations, or medical records.
Owen Yang has managed cases involving these provisions. This is a sensitive area and all discussions are handled in confidence.
How We Prepare the Application
Partner visa applications are refused most often because the evidence doesn't meet the threshold across all four categories. We review your evidence before lodgement, identify gaps, help you organise statutory declarations from witnesses, and prepare the full submission.
We also advise couples where one partner has a previous visa issue — refusal, overstay, or condition breach — that needs to be addressed in the application.