Partner and family
The appropriate visa depends on your relationship and where you will apply. I assist with onshore 820/801 applications, offshore 309/100 applications and the Prospective Marriage visa 300. We review the history of your relationship, identify relevant evidence and explain the circumstances that individual documents may not make clear.
Your sponsor must be an Australian citizen, permanent resident or eligible New Zealand citizen. The appropriate subclass also depends on whether you are married, in a de facto relationship or intending to marry after a 300 grant, and on where you lodge. A de facto relationship is a committed partner relationship without marriage; each visa has further criteria to check.
| Visa | Where you apply | What it gives you |
|---|---|---|
| 820 / 801 onshore | Apply in Australia; check current visa, application restrictions and Schedule 3 where relevant | Possible bridging arrangements if eligible; temporary 820 and then permanent 801 if approved |
| 309 / 100 offshore | Outside Australia at lodgement; in or outside Australia for 309 decision under the relevant provisions | Temporary 309 with travel rights if granted; permanent 100 stage follows |
| 300 Prospective Marriage | Outside Australia when you apply, for engaged couples who have met in person | Nine to fifteen months to enter Australia and marry, then apply onshore for 820/801 at a reduced charge of A$1,955 |
For the 820/801 and 309/100, you apply for the temporary and permanent stages together. Permanent-stage assessment generally becomes available two years after the initial application. A qualifying long-term relationship, generally three years or two years with a dependent child of the relationship, may allow the permanent stage to be considered sooner. This is not an automatic grant.
For the married and de facto partner streams, your marriage must be recognised under Australian law or your relationship must meet the de facto definition. The usual requirement is a de facto relationship of at least twelve months before application, rather than simply twelve months at the same address. A recognised relationship registration or compelling circumstances may support an exception, but the remaining relationship requirements still apply.
Sponsors generally need to be at least eighteen. Limits apply to the number of partner sponsorships and five-year periods involving previous sponsorship or being sponsored, with exceptions in some circumstances. I check the actual history before advising how these rules apply. Police checks are also required and relevant convictions can affect sponsorship approval.
Relationship evidence is generally considered across four areas. The aim is to explain your actual arrangements and show how the relationship has developed and continued. We identify useful records for each area and address gaps in the context of your circumstances.
Joint accounts and how they are actually used, shared bills and rent, joint assets or loans, and arrangements for supporting each other.
Living arrangements, who does what at home, correspondence addressed to you both at the same address, and how you share responsibility for children if there are any.
How family and friends know you as a couple: invitations, dated photographs, shared travel and Form 888 statements from people familiar with the relationship.
How long you have been together, your knowledge of each other's lives, plans for the future, wills and beneficiary nominations, and your own written statements.
Your statements connect the documents with everyday circumstances: why you lived apart, how expenses are shared or why a particular record is unavailable. Use details you know, then compare the account with current and previous applications. Any differences should be understood and explained honestly. Depending on their nature, false documents or materially false or misleading information may also raise Public Interest Criterion 4020 issues.
Visa application charge for the main applicant of an 820/801, 309/100 or 300 application from 1 July 2026 (source: immi.homeaffairs.gov.au). Holders of a 300 visa who go on to apply for the 820/801 pay A$1,955. Government charges are indexed each July and are set by the Department, not by me.
Processing times depend on the application and the Department's workload. The indicative ranges of twelve to twenty-four months for the temporary stage and six to twelve months after permanent-stage eligibility are planning estimates, not promised decision dates. Check current published processing information and continue maintaining evidence while you wait. Clear documentation may reduce questions, but does not secure priority or a faster decision.
An eligible onshore applicant may receive a Bridging Visa A, with commencement and work rights determined by the grant. The 820 and 309 can be decided in or outside Australia under the relevant location rules. Travel still requires a separate check of your current visa and re-entry rights; a Bridging Visa A itself does not allow return after departure.
Possibly. We need to distinguish the requirements for married applicants from those for de facto partners. A recognised relationship registration may provide an exception to the usual twelve-month de facto requirement, and compelling-circumstance exceptions may apply. Marriage or registration does not replace the remaining eligibility and evidence requirements, so I review the circumstances before recommending when to lodge.
Eligible dependent children may be included. Additional application charges and health checks can apply, and custody and consent arrangements may need to be documented. We check the criteria for each child.
Tell me at the outset and provide the previous application if available. We compare the records, identify what was inaccurate and prepare an appropriate explanation. Consequences depend on the issue and applicable rules. PIC 4020 can involve three-year restrictions, or ten years for certain identity issues; not every discrepancy has the same effect.
Book a consultation to discuss the requirements that may apply to you, any concerns about your case and what needs to be prepared. You are welcome to speak in Vietnamese or English.
Next step
A 30-minute consultation gives us time to discuss your circumstances, consider initial options and identify the documents that need checking. Some matters require a further review of the records before I can give a complete assessment.
