Including Dependents On Your Visa Application
The Australian Government has introduced far reaching changes to the definition of Member of the Family Unit (MoFU) for the purpose of most visa applications. There are now significant limitations on the class of persons that can be considered part of MoFU and hence be included in a visa application.
Character Assessment of Australian Sponsors of Partner Visa Applications
From 18 November 2016, Australian citizen and permanent resident Sponsors of Partner Visa and Prospective Marriage Visa applications (“a partner visa”), are subject to character testing. In line with current Australian Government strategies to reduce family violence in the Australian community, the new provisions have been introduced to prevent Australians who have committed a relevant offence from being able to sponsor someone for a partner visa.
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Partner Visas

Partners of Australian citizens, permanent residents and New Zealand citizens may be eligible for one of the following Partner Visas:

Partner to:   Prospective Spouse       Temporary  Permanent
 Australian citizen,
 Australian permanent 
 resident or eligible
 New Zealand citizen
 Subclass 300
 (offshore only)

 Subclass 820
 (onshore)

 Subclass 309
 (offshore)


 Subclass 801         
 (onshore)

 Subclass 100       
 (offshore)

 New Zealand citizen  N/A
 Subclass 461
 (onshore and offshore)     

 N/A

If you are in Australia:

  • Spouse (temporary) subclass 820 leads to Spouse (permanent) subclass 801

If you are outside Australia:

  • Spouse (temporary) subclass 309 leads to Spouse (permanent) subclass 100
  • Prospective Spouse subclass 300 allows you to enter Australia and marry your fiancé / fiancée within 9 months and apply for a spouse visa in Australia 

Partner migration is one of our specialty areas. We have assisted many couples to move to, or remain in Australia and understand that the immigration process can be complex, burdensome and stressful. We appreciate that clients’ private lives and intimate relationships can be put to the test. We provide compassionate, candid advice and assistance in putting together the strongest application possible. 

How we are able to assist:

  • Determining your eligibility for one of the above visa subclasses
  • Preparing your application and any submissions wherever you are located and wherever the application may need to be lodged
  • Assisting with the preparation of detailed statements in support of the application
  • Assisting you to prepare and obtain any evidence required by the Immigration Department in support of your application
  • Providing assistance and advice on how to make an application from outside Australia
  • Providing assistance where relationships break down and in cases involving domestic violence or custody of children

Contact Visa Lawyers Australia for assistance.

Partner migration includes:

It is available to non-Australians who form relationships with either Australian citizens or permanent residents, or eligible New Zealand citizens.

The applicant usually needs to be sponsored by their Australian citizen, Australian permanent resident, or eligible New Zealand citizens.

Examples of cases we have worked on include:

  • Applicants unlawfully resident in Australia
  • Couples physically separated due to commitments in different places of the world
  • Applicants with criminal records
  • Applicants with health problems
  • Applicants or sponsors under the age of 18
  • Applicants who have been in a relationship with their Australian partner for a very short period
  • Applications processed overseas to allow the overseas partner to enter Australia as a resident
  • Relationships that include at least one person who has previously been married or in a de facto relationship, or had children to previous partners
  • Same-sex couples who have been unable to live together overseas for cultural reasons
  • Cases involving young children
  • Relationship break down due to domestic violence or other exceptional reasons
  • Requesting fast processing by the Immigration Department for personal or family reasons
  • Allegations by the Immigration Department that the relationship is not genuine
  • Where the Australian partner has previously sponsored an overseas partner
  • Where the applicant was previously in a relationship with another Australian, but the Immigration Department refused to grant the applicant a previous partner visa
  • Couples in arranged marriages

 Updated 6 June 2013.