Partner Visa Australia — Expert Migration Law Guidance from O'Haire Legal

Trusted guidance through Subclass 820/801 (onshore) and 309/100 (offshore) partner visa applications

Who This Is For

  • Married couples

  • De facto couples (12+ months living together, or exemptions apply)

  • Same-sex couples

  • Applicants onshore or offshore

Visa Subclasses Explained

Eligibility Requirements

  • Genuine and continuing relationship (financial, social, household, commitment evidence)

  • Married under Australian law, or de facto (12-month rule + exceptions)

  • Sponsor must be Australian citizen, permanent resident, or eligible NZ citizen

  • Sponsor approval framework requirements

  • Health (PIC 4005/4007) and character (PIC 4001) checks

Required Documents Checklist

  • Relationship evidence (4 categories)

  • Identity documents

  • Form 47SP / Form 40SP

  • Police clearances

The O'Haire Legal Process

  1. Free initial consultation with Brendan O’Haire

  2. Sponsor eligibility assessment

  3. Document collection, guided by your dedicated case manager

  4. Lodgement via ImmiAccount

  5. Bridging Visa support (if onshore)

  6. Temporary visa decision

  7. Permanent visa stage follow-up (~2 years later)

Processing Times & Fees

Why Choose O'Haire Legal

  • Personalised, one-on-one case management led by a lawyer

  • Transparent process and fees

  • Local Australian firm — Serving Bendigo, northern Victoria, and southern New South Wales

FAQs

Can I work in Australia while my partner visa is processing?

1

Whether you can work depends the type of visa you had before you applied for the partner visa. If you did not hold a visa before applying for a partner visa, you will be issued a Bridging Visa C (without work rights). You can apply to have this condition removed if you need to work.


We're not married — can we still apply?

2

The partner visa programs apply to both married couples and de-facto (unmarried) couples who can satify the relevant criteria.


Can I include children as dependants?

3

A person claiming to be a dependent child of the primary applicant, or a member of the family unit of a Subclass 300 (Prospective Marriage) visa holder/former holder, can apply at the same time and place as, and combined with, the primary application.

Similarly, a member of the family unit can apply combined with the primary applicant's Subclass 801 application at the same time and place.

Other members of the family unit (besides dependent children) cannot be added after lodgement — they're not covered by the relevant addition regulations.