Partner Visa Lawyer Melbourne
Amity Lawyers acts for couples across Melbourne and Victoria on partner visa applications: onshore (Subclass 820/801), offshore (Subclass 309/100), and Prospective Marriage (Subclass 300). We are an immigration law firm, not a migration agency. Your matter is handled by an admitted Australian legal practitioner from the first consultation to the permanent grant.
Onshore & Offshore Partner Visa Specialists
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The Numbers Behind the Wait
Why Partner Visas Take So Long, and What That Means for Your Application
From 1 July 2026 the base visa application charge for a partner visa is AUD 11,710 for most main applicants, up AUD 2,345 from AUD 9,365. It is paid in full at lodgement, it covers both the temporary and the permanent stage, and it is not refunded if the application is refused. Additional applicant charges apply for dependants.
The queue has not shortened to match. Partner places are demand driven, and demand continues to exceed the places available. Current processing times for each subclass are published by the Department of Home Affairs and are set out in Section 9 below.
None of this is a reason to delay. It is a reason to lodge once, and to lodge correctly. In its April 2026 Partner Processing Newsletter, the Department told registered agents and legal practitioners that it will generally provide one opportunity to respond to a request for further information or a natural justice concern, and that follow-up reminders will not routinely be issued. An application that arrives incomplete is now the application most likely to be refused.
Partner & Spouse Visa Services
Every Pathway Covered
Australian partner visas fall into several subclasses depending on where you are when you lodge, whether you are married, in a de facto relationship, or engaged, and the status of your Australian partner. Amity Lawyers acts on all of them from our Melbourne CBD office.
Onshore Partner Visa
Subclass 820 (Temporary) and 801 (Permanent)
For applicants outside Australia at lodgement. The structure mirrors the onshore pathway.
Stage 1, Subclass 309: a provisional visa granted while you are offshore. Once granted you can travel to and remain in Australia.
Stage 2, Subclass 100: the permanent visa, generally assessable two years after lodgement, subject to the same long term relationship concession that applies onshore.
You do not have to be married. Australian migration law recognises de facto relationships, including same sex relationships, provided you show either twelve months of living together immediately before lodgement or a relationship registered under an Australian state or territory scheme.
That second option matters if either of you has a Victorian connection. Under the Relationships Act 2008 (Vic), a relationship can be registered through Births, Deaths and Marriages Victoria where at least one partner lives in Victoria, which removes the twelve month requirement. Registration takes a minimum of 28 days, so start it well before you intend to lodge.
Offshore Partner Visa
Subclass 309 (Provisional) and 100 (Permanent)
For applicants outside Australia at lodgement. The structure mirrors the onshore pathway.
Stage 1, Subclass 309: a provisional visa granted while you are offshore. Once granted you can travel to and remain in Australia.
Stage 2, Subclass 100: the permanent visa, generally assessable two years after lodgement, subject to the same long term relationship concession that applies onshore.
You do not have to be married. Australian migration law recognises de facto relationships, including same sex relationships, provided you show either twelve months of living together immediately before lodgement or a relationship registered under an Australian state or territory scheme.
That second option matters if either of you has a Victorian connection. Under the Relationships Act 2008 (Vic), a relationship can be registered through Births, Deaths and Marriages Victoria where at least one partner lives in Victoria, which removes the twelve month requirement. Registration takes a minimum of 28 days, so start it well before you intend to lodge.
Prospective Marriage Visa
Subclass 300 - For Engaged Couples
If you are engaged to an Australian citizen or permanent resident, the Subclass 300 visa lets you enter Australia, marry within nine months, and then lodge an onshore partner visa (820/801) from here.
You must show that you have met in person as adults, that you know each other personally, that you genuinely intend to marry within the visa period, and that you intend to live together as spouses.
The 300 has no permanent component, so the marriage and the onshore application that follows are one plan. A significantly reduced charge applies when an eligible 300 holder lodges that application, which changes the total cost picture against lodging 820/801 outright.
Immigration Lawyer or Migration Agent?
What the Difference Means for Your Partner Visa
Most couples begin by contacting a registered migration agent. The distinction matters more than it appears, and it is worth understanding before you engage anyone.
| Aspect | Registered Migration Agent | Immigration Lawyer (Amity Lawyers) |
|---|---|---|
| Qualification | Registered with the Office of the Migration Agents Registration Authority after completing a Graduate Certificate in Australian Migration Law and Practice | Admitted Australian legal practitioner holding a law degree and a current Victorian practising certificate |
| Regulation | Regulated by the Office of the Migration Agents Registration Authority | Regulated by the Victorian Legal Services Board and Commissioner, with a verifiable Australian Legal Practitioner Number |
| Legal professional privilege | Not covered by legal professional privilege | Communications for the dominant purpose of legal advice are covered by legal professional privilege |
| Court representation | Cannot appear for you in a court | Can act and appear in the Federal Circuit and Family Court and the Federal Court |
| Complex matters | Scope limited on judicial review and related litigation | Acts on tribunal review, judicial review, visa cancellation and section 48 bar issues |
| Document preparation | Prepares and lodges the application | Prepares the application and drafts a written legal submission applying the Migration Regulations and case law to your evidence |
| Scope of advice | Migration matters only | Migration advice alongside the family law, property and estate issues that partner matters frequently raise |
How It Works
From Initial Call to Visa Grant
Whether you’re reuniting with family, advancing your career, or appealing a visa refusal, our Melbourne immigration lawyers are Australian qualified and have done it thousands of times.
Step 1: Consultation, Free and Without Obligation
We take your relationship history, your immigration history and your sponsor's circumstances, and identify the pathway that fits. If the case has a weakness, you hear it in the first meeting. If you are better off registering your relationship in Victoria before lodging, or waiting on a Schedule 3 issue, we say so.
Step 2: Evidence Strategy
A partner visa application succeeds or fails on relationship evidence. We map what you have against the four assessment criteria, identify the gaps, and give you a written list of what to obtain and in what form. This is the stage where a refusal is prevented.
Step 3: Preparation and Lodgement
We prepare the partner visa application (Form 47SP, or Form 47PA for a Prospective Marriage application) and your sponsor's sponsorship application (Form 40SP), now completed online, together with a written legal submission that frames your evidence against the regulations. We lodge through ImmiAccount, with every document correctly categorised.
Step 4: Ongoing Management
We monitor the file, keep evidence current while it is pending, and respond to any request for further information or natural justice letter in full and within time. If the application is refused, we advise on review rights immediately, act at the Administrative Review Tribunal, and advise on judicial review where a jurisdictional error is available. When the permanent stage becomes assessable, we manage it.
Current Partner Visa Processing Times - What to Expect
Processing times are published by the Department of Home Affairs and are updated monthly. They are based on how long recently decided applications took, and they do not guarantee a decision within the timeframe.
| Visa Subclass | 50% of applications processed in | 90% of applications processed in |
|---|---|---|
| Subclass 820 (onshore temporary) | 18 months | 32 months |
| Subclass 801 (onshore permanent) | 5 months | 12 months |
| Subclass 309 (offshore provisional) | 17 months | 30 months |
| Subclass 100 (offshore permanent) | 10 months | 19 months |
| Subclass 300 (Prospective Marriage) | 14 months | 29 months |
These are published processing times and can shift. Applications with complete, well-organised evidence tend to process faster. Applications that receive a request for further information (RFI) typically add 3-6 months.
Relationship Evidence
The Four Criteria, and What Applications Commonly Miss
Partner visa refusals rarely turn on eligibility. They turn on the Department not being satisfied that the relationship is genuine and continuing. Regulation 1.15A sets out four matters the decision maker must consider.
Financial aspects:
Joint accounts that are actually used, shared liabilities, a joint lease or mortgage, pooling of resources, and evidence of how you divide day to day expenses.
Nature of the household:
Shared living arrangements, how you divide domestic responsibilities, and correspondence addressed to each of you at the same address.
Social context:
Recognition of the relationship by family, friends and the wider community. Photographs spanning the relationship rather than one recent event, joint travel, invitations addressed to both of you, and statutory declarations from people who know you.
Nature of commitment:
Knowledge of each other's circumstances, plans for a shared future, correspondence during any period apart, wills, superannuation and insurance nominations.
Partner Visa Legal Fees
What Does a Partner Visa Lawyer Cost in Melbourne?
Amity Lawyers charges fixed legal fees for partner visa matters. You know the cost upfront, with no surprise bills.
Partner Visa Legal Package, Standard
- Full application preparation and lodgement
- Evidence strategy and document schedule
- Legal submission drafting
- Request for further information and natural justice responses
- Permanent stage (801/100) management
Partner Visa Legal Package, Comprehensive
- Everything in Standard, plus:
- Sponsorship application (Form 40SP)
- Statutory declaration drafting
- Ongoing monitoring and management of Departmental correspondence
- Administrative Review Tribunal representation if the application is refused
Prospective Marriage Visa (Subclass 300)
- Full Subclass 300 application preparation and lodgement
- Evidence of genuine intention to marry
- Transition to the onshore partner visa after marriage
Client Reviews
What Our Clients Say
We measure success by the outcomes we achieve for the people who trust us with their migration journey. Here is what real clients say:
Partner Visa Lawyers Serving Melbourne and Greater Victoria
Our office is in the Melbourne CBD at the Bourke Street end of the legal precinct, a short walk from Southern Cross Station and the Bourke Street Mall tram stops. We act for clients across metropolitan Melbourne and regional Victoria.
Australian migration law applies uniformly nationwide, so a partner visa application is not decided differently because of where you live. What a Melbourne based law firm gives you is practical: face to face consultations, in person document signing and witnessing of statutory declarations, and a lawyer you can sit across from when the Department raises a concern about your relationship. For clients in regional Victoria and interstate we run the same matter by video conference.
Our People
The Lawyers Acting on Your Matter
Every practitioner at Amity Lawyers is an admitted Australian legal practitioner holding a current Victorian practising certificate issued by the Victorian Legal Services Board and Commissioner, with an Australian Legal Practitioner Number you can verify on the public register, and each carries professional indemnity insurance.
You deal with the same lawyer from your first consultation through to the permanent grant. No file handovers, no paralegal drafting your submission, no case number.
NAVID K.BAGHI
DIRECTOR & PRINCIPAL SOLICITOR
JENNIFER ORTEGA CAMARGO
PRACTICE MANAGER
JENNIFER ORTEGA CAMARGO
PRACTICE MANAGER
NATHALIA BONILLA
LEGAL ASSISTANT
NATHALIA BONILLA
LEGAL ASSISTANT
Download Our Partner Visa Checklist
A practical guide to the documents and evidence required for a partner visa application, built around the four criteria in Regulation 1.15A. Includes checklist tables for each criterion, guidance on what the Department treats as weak evidence, and realistic timeline expectations.
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Frequently Asked Questions
Can I apply for a partner visa if my relationship is de facto, not married?
Yes. Australian migration law recognises de facto relationships for partner visas, including same sex de facto relationships. You generally need to show twelve months of living together immediately before lodgement, unless you have registered your relationship under an Australian state or territory scheme, or compelling and compassionate circumstances apply.
How do I register a de facto relationship in Victoria?
Through Births, Deaths and Marriages Victoria under the Relationships Act 2008 (Vic). At least one partner must live in Victoria, both must be at least 18, and neither can be married or in another registered or de facto relationship. Registration takes a minimum of 28 days from application. A registered relationship removes the twelve month cohabitation requirement for partner visa purposes, which is why it is worth considering early if you have been together for less than a year.
What happens if my partner visa is refused?
In most cases you have merits review rights at the Administrative Review Tribunal, which replaced the Administrative Appeals Tribunal in October 2024. The Tribunal reassesses the case afresh and can consider evidence that was not before the Department. The time limit is short and is stated in your refusal letter. For most non-expedited migration reviews the Tribunal indicates 28 days from notification, and it can extend that period on application, but some decisions carry considerably shorter deadlines. Read the letter the day it arrives and get advice immediately. A Tribunal application fee applies and is indexed annually.
Do I really need a lawyer for a straightforward partner visa?
There is no legal requirement to use one. The practical question is what a refusal costs. The visa application charge is AUD 11,710 and is not refunded, a Tribunal application adds a further fee and typically a wait measured in years, and an onshore refusal can create a section 48 bar on lodging most further applications while you remain in Australia. Under the Department’s April 2026 processing approach you generally get one opportunity to correct a problem. Most refusals we see arose on cases the couple considered straightforward.
How long does a partner visa actually take?
On Department data published 26 June 2026, offshore applications show a median of approximately 16 months, with 90 per cent decided within 27 months. The permanent stage generally becomes assessable two years after lodgement, so the realistic total from lodgement to permanent residence is commonly around three to four years. Couples who have been together three years, or two years with a child, may be granted the permanent visa without the two year wait.
Can I work while my partner visa is being processed?
If you lodged onshore while holding a substantive visa, you are granted a Bridging Visa A with the application. It takes effect when your current visa ceases and carries full work rights. The Subclass 820 itself carries full work and study rights once granted. Offshore applicants have no Australian work rights until the Subclass 309 is granted.
What is the difference between an onshore and an offshore partner visa application?
Where you are physically located when you lodge determines the pathway. Onshore applicants lodge 820/801 and receive a bridging visa that lets them remain in Australia while the application is decided. Offshore applicants lodge 309/100 and wait outside Australia. The base visa application charge is the same. Both pathways lead to permanent residence.
How much does a partner visa cost including legal fees?
The Department’s base visa application charge is AUD 11,710 for most main applicants from 1 July 2026, with additional applicant charges for dependants. Budget separately for health examinations, police certificates from every country you have lived in, biometrics and translations. Amity Lawyers charges a fixed legal fee disclosed before we begin. Contact us for a quote based on your circumstances.
Ready to Start Your Partner Visa Application?
Your relationship is genuine. Our job is to make sure the Department can see that on the face of the file, the first time it is assessed.
Book a free, no obligation consultation with Amity Lawyers. We will assess your circumstances, confirm the right pathway, and give you a clear picture of the evidence, the timeline and the total cost.
Amity Lawyers: Level 24, 570 Bourke Street, Melbourne VIC 3000 03 8658 5959
Last updated: July 2026
Partner visa processing times, application fees, and legislative requirements change regularly. This page is reviewed and updated quarterly. For the most current information, speak directly with an Amity Lawyers immigration lawyer.