Partner Visa Lawyer Sydney
Sydney Couples Trust CIA Lawyers Because We Treat Every Case Like It Matters
Experienced & Trusted Partner Visa Lawyer in Sydney
Bringing your partner to Australia is one of the most meaningful things you will do. It should not be derailed by paperwork errors, missing evidence, or the wrong visa pathway. At CIA Lawyers in Sydney, we help couples get this right from the first step.
Whether you are married, in a de facto relationship, applying onshore or from overseas, our immigration lawyers manage the full process so you can focus on what matters: being together.
What People Say After Working With Our Immigration Lawyers
Partner Visa Legal Services
Australia's partner visa program is governed by the Migration Act 1958 (Cth) and the Migration Regulations 1994. There are two main pathways: onshore if your partner is already in Australia, and offshore if they are currently overseas.
Each pathway involves two stages: a temporary visa granted first, followed by a permanent visa once your relationship is confirmed as genuine and ongoing. Our lawyers explain exactly which path suits your situation.
Subclass 820 / 801 (Onshore Partner Visa)
The Subclass 820 / 801 is for couples who are both in Australia at the time of application.
Stage one is the Subclass 820 temporary visa. This lets your partner stay lawfully in Australia while the Department assesses the relationship. Once lodged, your partner is usually granted a Bridging Visa A (BVA), which allows them to live and work in Australia during processing.
In 2025, the Subclass 820 took between 12 and 26 months to process for most applicants. Around 50% of applications were finalised within 12 to 16 months.
Stage two is the Subclass 801 permanent visa. This is assessed roughly two years after the original application date. At this point, you provide updated evidence that your relationship is still genuine and continuing. If approved, your partner gets permanent residency in Australia.
Long-term couples who have been together for three or more years, or two or more years with a child together, may be granted the Subclass 801 at the same time as the 820.
Subclass 309 / 100 (Offshore Partner Visa)
The Subclass 309 / 100 is for couples where the applicant is outside Australia at the time they lodge.
Stage one is the Subclass 309 provisional visa. As of October 2025, 50% of Subclass 309 applications were being processed in 9 to 14 months, with 75% finalised within 15 to 17 months. This allows your partner to come to Australia and live, work, and study while waiting for the permanent decision.
A major policy change fully implemented in early 2025 removed the requirement for applicants to be outside Australia when the visa is granted. This ended the so-called ‘visa run’, where couples had to fly overseas just to receive approval.
Stage two is the Subclass 100 permanent partner visa. Like the 801, this is assessed around two years after the joint application date. Your partner must show the relationship is still genuine and ongoing.
Subclass 300 (Prospective Marriage / Fiance Visa)
If you are engaged but not yet married, the Subclass 300 Prospective Marriage Visa lets your fiance travel to Australia to marry you.
This visa is valid for 9 to 15 months. During that time, your fiance must marry you and then apply for the Subclass 820 / 801 onshore partner visa to stay permanently. Our lawyers manage both applications so the transition is smooth.
Your fiance must be outside Australia when they apply for this visa and when it is granted.
Contact us for a personalized eligibility check
Our Partner Visa Services in Sydney
We provide a full-service solution for every stage of your partner visa journey. Here is exactly what we do for you.
Partner Visa Eligibility Assessment
Before you lodge anything, we review your complete situation. We look at your relationship type, how long you have been together, your visa history, and where you both currently live.
We then confirm which visa subclass fits your situation and flag any issues before they become problems. Many couples apply for the wrong pathway and lose months. We prevent that from happening.
If your visa history is complex, such as a previous refusal, a condition on your current visa, or a period living overseas, we factor all of that into our advice.
Application Preparation and Lodgement
We prepare every part of your application. This includes completing all required forms such as Form 47SP and Form 40SP, gathering your supporting documents, and organising everything in the right order through ImmiAccount.
A well-prepared, decision-ready application moves faster. It also reduces the chance of the Department sending you a Request for More Information, which can delay your visa by several months.
We double-check every document before lodgement and make sure nothing is missing.
Spouse Visa Application (Married Couples)
If you are legally married, you can apply for a partner visa on the basis of a spousal relationship. The marriage must be valid under Australian law. Polygamous and underage marriages are not recognised.
We help you gather the right evidence to show your marriage is genuine. This includes financial evidence, household evidence, social evidence, and evidence of your commitment to each other. These are the four pillars the Department uses to assess your relationship.
A marriage certificate alone is not enough. The Department looks at the full picture of your relationship. We make sure your application tells that story clearly.
De Facto Partner Visa Application
If you are not married but have been living together in a genuine relationship, you can apply as a de facto couple. To qualify, you generally need to show that you have lived together for at least 12 months before applying.
The 12-month rule does not apply if your relationship is formally registered under a state or territory relationship register.
De facto applications require strong evidence. The Department looks for joint bank accounts, shared lease or mortgage documents, shared bills, photos together over time, and statements from people who know you as a couple. We guide you on exactly what to include and how to present it.
Same-sex couples are fully eligible for the de facto partner visa pathway in Australia.
Offshore Partner Visa Applications
If your partner is currently overseas, the offshore partner visa pathway (Subclass 309 / 100) is the right route. We handle these cases regularly for clients across Sydney and New South Wales.
We manage the entire process remotely. You do not need to be in the same room as your lawyer. We communicate clearly at every stage and make sure you know exactly what is happening with your application.
We also advise on Bridging Visa options if your partner is already in Australia on a temporary visa and wants to wait here while the offshore application is processed.
Relationship Evidence Preparation
The quality of your relationship evidence is the single biggest factor in whether your application is approved or refused. The Department assesses evidence across four areas:
- Financial aspects such as joint bank accounts, shared expenses, or financial support between partners
- Household aspects such as shared lease agreements, shared mortgage, or utility bills in both names
- Social aspects such as photos together, acknowledgement of the relationship by family and friends, and travel together
- Commitment aspects such as knowledge of each other’s personal circumstances and future plans
We help you identify the strongest evidence for your specific situation and organise it in a way that clearly answers what the Department needs to see.
Form 888 Statutory Declarations
Form 888 is a statutory declaration completed by someone who knows both you and your partner and can confirm that your relationship is genuine.
We guide your supporters on what to include so that each Form 888 is detailed and useful. A vague or generic declaration can do more harm than good. We make sure yours are strong.
Meet Our Team
Practice Director
Ishraque Ahmad
Paralegal
Simran Ghimire
Knowledge Manager
Yuri Kazak
Legal Associate
Claudia
Legal Associate
Sumaia Islam
Lawyer
Jonathan Greete
Sales & Marketing Associate
Thunh Mai Le
Sales & Marketing Manager
Eduardo Mora
Operational Manager
Safat Ul Azam
Why Sydney Couples Choose CIA Lawyers
There are many immigration lawyers in Sydney. Here is what makes working with CIA Lawyers different for partner visa applications:
- Qualified immigration lawyers, not just registered migration agents, which means full legal representation at the tribunal and court level if needed
- Transparent fees discussed openly at the first consultation, no hidden charges
- Free initial consultation to assess your eligibility and give you an honest view of your situation before you commit
- Sydney-based team with deep understanding of local applicant needs and the NSW relationship registration system
- Experience across complex cases including Schedule 3 circumstances, prior refusals, character concerns, and sponsorship history issues
- Dedicated case management from initial consultation through to permanent visa grant
- All Department correspondence managed on your behalf, including responses to RFIs and NOIRs
Cases We Handle
Partner visa situations are rarely straightforward. Here are the types of cases we handle every day.
Previous Visa Refusal or Cancellation
A previous refusal does not close the door, but it does make the next application more important to get right. The Department will see the refusal history and scrutinise your new application more closely.
We review the refusal decision in detail to understand exactly why it was refused. We then address those reasons directly in the new application and make sure the evidence is much stronger this time.
If the refusal decision is still within the review period, we may also pursue a merits review at the Administrative Appeals Tribunal (AAT) to challenge the decision.
Onshore Applicants with Visa Expiry or Bridging Visa Issues
If your partner is in Australia and their current visa is about to expire, or they are already on a bridging visa, timing the partner visa lodgement correctly is critical.
We advise on when to lodge, what bridging visa conditions apply, and whether there are any travel restrictions your partner needs to know about while waiting for a decision.
Complex Relationship History
If either you or your partner has been previously married, sponsored another partner visa applicant in the past, or has a relationship history that needs careful explanation, we handle this type of complexity regularly.
The Department looks at these situations closely. We help you present the history honestly and clearly, so it does not create confusion or raise unnecessary questions.
Character Issues and Criminal History
If you or your partner has a criminal history, an outstanding charge, or has spent time in immigration detention, it can affect the application. Character issues are one of the most common reasons for partner visa refusals.
We advise you honestly on how the character test applies to your situation. In some cases, we prepare detailed legal submissions to address concerns directly, showing why the visa should still be granted despite the history.
Health Condition Concerns
A significant health condition does not always mean a visa refusal. In some cases, a health waiver may be available if the right public interest criteria are met.
We assess whether a waiver applies to your situation and help you present the strongest possible case if one is needed.
Couples Who Are Not Currently Living Together
Some couples are in genuine relationships but live apart due to work, study, or family commitments. The Department still requires evidence of a genuine and continuing relationship, even if you are not living in the same home.
We help you document long-distance or separated circumstances correctly, showing regular contact, shared financial ties, and plans to live together.
Sponsors with a Prior Sponsorship History
The Department places limits on how many times a person can sponsor a partner visa and how soon after a previous sponsorship they can do so again. If your Australian partner has sponsored a visa before, we check whether any restrictions apply and advise on how to proceed.
Applications Involving Children
If there are children from either partner's previous relationship, or children you have together, they may need to be included in the application. We advise on how children are added, what documents are needed, and how their inclusion affects the overall application.
AAT Appeals and Federal Court Review
If your partner visa is refused, the decision can be reviewed at the Administrative Appeals Tribunal (AAT). If the AAT also refuses, there may be further options in the Federal Circuit and Family Court of Australia.
We represent clients at every level. We review the refusal decision, advise on the strength of an appeal, and manage the entire review process on your behalf.
What Sets us Apart
Requirements for a Partner Visa Application
While the exact rules differ between visa subclasses, these are the core requirements that apply to most partner visa applications in Australia.
Eligible Sponsor
Your partner (the sponsor) must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. They must be at least 18 years old and meet the Department's character requirements.
The sponsor must also be approved by the Department before your visa can be granted. We prepare the sponsor's documents and submit the sponsorship application alongside your visa application.
Genuine Relationship
You must be in a genuine and continuing relationship with your sponsor. This means both of you must be committed to a shared life to the exclusion of all others.
For de facto couples, you generally need to show that the relationship has existed for at least 12 months. For married couples, the marriage must be valid under Australian law.
Health Examination
Every person included in the application must pass a health examination arranged through the Department of Home Affairs. The exam checks for conditions that may pose a significant cost to Australia's healthcare system.
We help you book the right exam and make sure your health documents are properly submitted.
Character Requirements
All applicants must meet the character test under the Migration Act. This requires providing police clearance certificates from every country where you or your partner have lived for 12 months or more in the last 10 years.
If there is any criminal history, we advise you upfront on how that may affect the application and what steps can be taken.
Health Examination
Every person included in the application must pass a health examination arranged through the Department of Home Affairs. The exam checks for conditions that may pose a significant cost to Australia's healthcare system.
We help you book the right exam and make sure your health documents are properly submitted.
Character Requirements
All applicants must meet the character test under the Migration Act. This requires providing police clearance certificates from every country where you or your partner have lived for 12 months or more in the last 10 years.
If there is any criminal history, we advise you upfront on how that may affect the application and what steps can be taken.
Frequently Asked Questions (FAQ)
Processing times depend on the subclass and how complete your application is. The temporary onshore visa (Subclass 820) is currently averaging 12 to 16 months for the first stage, with some cases taking up to 26 months. Offshore applications (Subclass 309) are averaging 9 to 14 months for well-prepared cases. Applications lodged with complete evidence and supporting documents from day one are processed faster because they avoid delays caused by requests for additional information.
Generally, de facto applicants need to show they have been in a genuine relationship for at least 12 months before lodging. However, if your de facto relationship is registered under the NSW Relationships Register, this 12-month requirement can be waived. Registration is a practical strategy worth considering if you have not yet reached the 12-month mark. A Sydney partner visa lawyer can advise you on whether this applies to your situation.
Prior sponsorship history is something the Department of Home Affairs looks at carefully. There are limits on how many times a person can sponsor a partner visa applicant, and previous sponsorships may need to be disclosed and explained. This does not automatically prevent a new application, but it does require careful handling. We strongly recommend seeking legal advice before lodging in this situation.
Yes, but this is one of the more complex scenarios under Australian migration law. Schedule 3 of the Migration Regulations applies to unlawful non-citizens and some bridging visa holders, and imposes additional criteria that must be waived on compelling and compassionate grounds. Applying without legal advice in this situation carries a high risk of refusal. Contact our Sydney team before you lodge.
The government application charge for the primary applicant is currently over AUD $9,095, with additional charges for secondary applicants. This is separate from legal fees, health examination costs, and police clearance fees. Government fees are non-refundable regardless of the outcome. At CIA Lawyers, we provide a clear total cost estimate at your first consultation so you can plan ahead with confidence.
A registered migration agent is licensed to prepare and lodge visa applications and provide migration advice. A partner visa lawyer is a qualified solicitor who can do all of that, and also provide full legal advice, draft legal submissions, represent you at the Administrative Review Tribunal or Federal Court, and advise on related legal matters such as family violence provisions. For straightforward applications, either can be suitable. For complex cases or where there is any risk of refusal, a lawyer provides a broader scope of protection.
Other Services we provide in Sydney
- Civil Law
- Appeals & Reviews
- Family law
- Criminal Law
- Traffic Law
- Sports Law
- Commercial law
Talk to a Partner Visa Lawyer in Sydney Today
Do not leave your relationship in limbo. If you want to bring your partner to Australia, or help them stay, the right legal advice at the start of the process makes a real difference.
Book a consultation with our partner visa lawyers at CIA Lawyers in Sydney today. We will review your situation, tell you which visa is right, and give you a clear plan for what happens next.
Strong Local Presence in Sydney
Based in Sydney, CIA Lawyers provides immigration legal services across Sydney CBD, Parramatta and Western Sydney. Our team regularly works within Australia’s legal and migration framework, with experience appearing before the Administrative Appeals Tribunal (AAT), the Federal Circuit and Family Court of Australia (FCFCOA), the Federal Court and other relevant jurisdictions. Being locally based means we understand how migration matters are handled within New South Wales and at the federal level. We are familiar with court procedures, tribunal expectations and Department of Home Affairs processes, allowing us to prepare cases thoroughly and represent clients with confidence.