1.After a refusal onshore in Australia, can I still lodge a Partner visa application?
Yes. Most visas cannot be lodged again onshore following a refusal, but the Partner visa is an exception. That said, because the circumstances are complex, we recommend contacting us for an individual assessment.
2.In what circumstances can the 801 permanent visa be granted early?
Generally, this is based on the following principles:
Protecting your interests:for example, where the sponsor has committed family violence against the applicant during the relationship, or where the relationship has ended but issues involving the care of children remain.
Long-standing relationship:where the parties have been in a spousal relationship for 3 years or more, or where the relationship has lasted more than 2 years and the parties have children together.
3.Is a de facto relationship certificate (Defacto Certificate) mandatory?
Not necessarily. If you can provide sufficient evidence of continuous cohabitation for more than 12 months (such as joint bills, rental agreements and similar documentation), obtaining the certificate is not compulsory. The certificate primarily deals with legal recognition of the relationship; if there are no concerns such as property division, obtaining one can serve as strong supporting evidence.
4.Does applying for a 820 visa require a full 12 months of relationship evidence?
If the marriage has been registered, 6 months of relationship evidence is usually sufficient. However, the longer the relationship has lasted and the more comprehensive the supporting evidence, the stronger the application — which can sometimes even shorten the processing time.
5.Is an English test result required for a Partner visa application?
Under current policy, there is no English language requirement.
6. Does getting married guarantee the visa will be granted?
Not necessarily. A marriage certificate is only one piece of evidence of the relationship and does not guarantee approval. In recent years, the Department of Home Affairs has tightened its scrutiny of the genuineness of relationships. Even where the relationship is real, inadequate supporting material can still raise questions and lead to a refusal. We strongly recommend organising your documentation systematically, or engaging a professional team to assist with preparation.
7.What happens if the relationship breaks down during the temporary visa stage (820/309)?
Scenario 1: the relationship ends before the permanent visa (801/100) is granted
You have a legal obligation to notify the Department of Home Affairs immediately. Because the end of the relationship means you no longer meet the basic requirements of the visa, your application will be refused (if a decision has not yet been made) or the visa will be cancelled (if the temporary visa has already been granted).
Scenario 2: the relationship ends because of family violence
This is an important exception. Even if the relationship has ended, you may still be eligible for the permanent visa so long as you can demonstrate that you or a member of your family unit was a victim of family violence during the relationship. You will need to provide the corresponding statutory evidence, such as court orders, medical reports, or psychologist reports.
8.After lodgement, can we travel overseas?
For onshore 820 applicants:
to depart Australia while your application is pending, you must apply for and be granted a Bridging Visa B(Bridging Visa B); otherwise your Bridging Visa A will cease and you will not be able to return to Australia.
Plan carefully before departing and make sure the BVB remains valid before your return date to Australia.
For offshore 309 applicants:
applicants: because the application is lodged offshore, you may travel as normal during the processing period, but you must ensure you can receive correspondence from the Department of Home Affairs promptly (including requests for further information), and you must notify the Department of any change in your travel arrangements.
9.While the application is being processed, can the applicant work or study in Australia?
For onshore 820 applicants:
Once your 820 application is lodged, you will be granted a Bridging Visa A. While you wait for a decision, this Bridging Visa typically carries full rights to work and study.
For offshore 309 applicants:
You have no right to work or study in Australia until the visa is granted.309 visa itself is a permanent residence visa that allows full-time work and study, but you must be granted the visa and enter Australia before those rights are activated.
10.If the sponsor has previously been sponsored themselves, does that affect things?
Yes — it goes to the eligibility limits that apply to sponsors:
Waiting period between sponsorships: a sponsor generally has only two opportunities in a lifetime to sponsor a partner, and at least 5 years must pass between the two sponsorships.
Key point: if the sponsor themselves obtained permanent residence through a Partner visa, they cannot sponsor a new partner within / years of becoming a permanent resident. This rule is designed to prevent abuse of the Partner visa programme.5