Let’s work through it with a few real cases:

Two stages

Partner migration is actually split into two stages. Stage one: the temporary partner visa; stage two: the permanent partner visa.

In most cases, an applicant can only obtain the temporary partner visa first, and may apply for the permanent visa two years after the temporary visa is granted. If the relationship already qualifies as a long-term relationship before the visa application, the applicant may be granted permanent residency directly — but we won’t go into that here.

Three essential conditions

1. What conditions must the sponsor meet?

1) Australian citizens, Australian PR holders, or eligible New Zealand citizens are entitled to sponsor a partner.

2) Each sponsor may only sponsor a partner twice in their lifetime, and the interval between sponsorships must be no less than 5 years. It’s worth understanding that this 5-year period is counted forward from the date the partner visa application is lodged. If the sponsor obtained PR through a partner visa, the same 5-year limit applies before they can sponsor a new partner.

3) The sponsor must meet the health and character requirements. If the sponsor has a criminal record for offences such as domestic violence or sexual assault, their sponsorship eligibility will be affected; in serious cases, the applicant may be refused as a result.

2. When can a partner visa application be lodged?

1) A registered marriage relationship;

2) A registered de facto relationship;

3) Sufficient evidence of a cohabiting relationship of more than 12 months.

Where any one of the above three situations is met and there are no special issues, the applicant can lodge a partner migration visa application.

3. What matters most in partner migration?

What case officers care about most in a partner visa is the genuineness and continuity of the relationship. To stop applicants from exploiting loopholes — migrating to Australia by faking documents and relationships — the Department of Home Affairs extended the overall waiting period to obtain PR. So how do you prove that your relationship is genuine and continuing? Under the definitions in migration law, the applicant must satisfy the definition of a ‘spouse’ or a ‘de facto relationship’. So how exactly do you meet that?

Four aspects

Whether it’s a marriage relationship or a de facto relationship, when preparing evidence of your cohabiting relationship you need to consider the following four aspects to satisfy the definition of a ‘spouse’ or a ‘de facto relationship’ mentioned above.

(1) Financial: evidence of shared assets, joint debts, sharing of living expenses, and so on;

(2) Household: whether you live together, how household chores are shared, jointly caring for children, and so on;

(3) Social: attending occasions together as a married couple or partners, travelling together, and so on;

(4) Commitment to each other: knowledge of each other’s personal and family circumstances, plans for the future, and so on.

Beyond objective evidence, the Love Story and joint photos serve a dual purpose: as well as setting out the objective facts, they convey the genuine feelings between the two of you. The Love Story doesn’t need to be a literary masterpiece, but it must be logically clear, with an accurate timeline and consistent information for both people. Where possible, both the applicant and the sponsor can each ask an Australian citizen who has known them for over a year to complete an 888 form to witness the relationship. When selecting joint photos, follow the Love Story timeline and pick photos from different periods, different places and with different friends and relatives — these are far more persuasive than intimate couple shots. Here’s one tip that’s easily overlooked: updating your cohabitation evidence at appropriate intervals — such as new photos, bills and a new address — helps your chances of a grant.

Let’s return to the three cases from the start of the article — do you have your answers?

1. Mr Z and his wife have been married in China for many years. As they meet the long-term relationship requirement, they could apply offshore for the Subclass 309/100 Partner visa. Because the genuineness and continuity of their relationship were convincing, the Department of Home Affairs granted both the 309 and 100 visas at the same time, securing permanent residency in one step.

2. After returning to China, Ms L met and married her husband there. As she is working in China, she can apply offshore for the Subclass 309 visa, then lodge the 100 visa application once 2 years have passed.

3. As Mr T and his current girlfriend do not yet meet the three conditions for lodging a partner visa application: a) she could enter on a prospective marriage (fiancée) visa, then after entering Australia complete the marriage registration within 9 months and subsequently apply for the Subclass 820/801 visa. It should be noted, however, that the processing time for the Subclass 300 visa ranges from six months to three years; b) alternatively, Mr T’s girlfriend could apply for a visitor visa to enter Australia, then after marrying or registering a de facto relationship apply for the Subclass 820/801 visa.

‍‍Below are some recent partner visa success stories for your reference:

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