Partner Visa Applicants on the Upper North Shore: Local Support Available
Many Upper North Shore residents were born overseas or have a partner from another country, and a partner visa can provide a path to a settled life together. If you are starting the process, our partner visa team can explain what is needed before you lodge. Applications require extensive documents and can involve long waits. If you need a partner visa lawyer in Hornsby, this guide outlines the process in plain English.
You can call Caspian Legal on 02 7264 3200 or contact us online to book a consultation before you lodge.
The Partner Visa Process, Explained Simply
Applicants in Australia use subclasses 820 (temporary) and 801 (permanent); applicants outside Australia use subclasses 309 and 100. Both pathways involve one combined application decided in two stages by the Department of Home Affairs.
- Check eligibility. Confirm that your relationship meets the legal definition of spouse or de facto partner and that your partner is able to sponsor you. De facto couples generally need to show the relationship has existed for 12 months before applying, unless an exception applies, such as a registered relationship.
- Gather evidence. Decision makers look at four areas of the relationship, set out in the table below (Migration Regulations 1994 (Cth) regs 1.09A and 1.15A).
- Lodge online. The application is lodged through ImmiAccount with your partner’s sponsorship details and documents.
- Wait on a bridging visa. If you apply in Australia while holding a substantive visa, you will usually be granted a bridging visa, which generally takes effect when your current visa ends.
- Permanent stage. You are generally eligible to be assessed for the permanent visa about two years after lodging. In most cases you must show the relationship is continuing, although limited exceptions apply.
| Evidence area | Examples |
| Financial | Joint accounts, shared bills, a lease or mortgage in both names |
| Household | Living arrangements and how household tasks are shared |
| Social | Joint invitations, travel, statements from friends and family |
| Commitment | Time together, plans for the future, contact while apart |
Why Schedule 3 Matters for Some Applicants
Partner visa Schedule 3 criteria may apply to people who seek an onshore partner visa without holding a substantive visa, including some bridging visa holders and people without a visa. Under clause 820.211(2)(d)(ii) of Schedule 2 to the Migration Regulations 1994 (Cth), they must satisfy Schedule 3 criteria 3001, 3003 and 3004. Criterion 3001 generally requires lodging within 28 days after the last substantive visa ceased; criteria 3003 and 3004 impose further requirements based on visa history.
The decision maker may decide not to apply these criteria if satisfied there are compelling reasons. The Full Federal Court has described this as a power to waive the criteria, and circumstances arising after the application can be relevant (Waensila v Minister for Immigration and Border Protection (2016) 241 FCR 121, applied in [2022] FCA 490). The decision is discretionary and fact specific, so the evidence needs careful preparation.
What not to do:
- Do not let a visa expire without advice if you plan to apply for a partner visa.
- Do not assume a past overstay or refusal rules you out. Get advice before lodging.
- Do not submit inaccurate documents or statements, as this can affect current and future applications.
Why Local, Accessible Support Matters
A partner visa involves personal history, relationship evidence and strict legal criteria, so accessible support can help. Caspian Legal is based in Hornsby, near Waitara, Asquith, Wahroonga and the wider Upper North Shore. We explain each step in plain English and identify which documents matter.
Hornsby is home to people from many backgrounds, and we understand that a visa application is about more than paperwork. Often it is about keeping a family together. As an immigration lawyer on the Upper North Shore, we can also assist if a visa is refused and review is available at the Administrative Review Tribunal. Strict time limits apply to review applications.
Book a Consultation
Applying for a partner visa is a big step, but you do not have to work through it alone. If you would like clear advice from a partner visa lawyer in Hornsby before you lodge, book a consultation with Caspian Legal. At the first meeting, we look at your circumstances, explain the options and any Schedule 3 issues, and outline the next steps and our fees.
Visit our Google Business Profile to book a consultation or read reviews from other clients.
Caspian Legal Pty Ltd, Suite 1, 22–28 Edgeworth David Avenue, Hornsby NSW 2077. Phone: 02 7264 3200.
Sources
- Migration Regulations 1994 (Cth), regs 1.09A, 1.15A, 2.03A; Sch 2 cl 820.211; Sch 3
- Department of Home Affairs: Partner visa (subclasses 820 and 801)
- Department of Home Affairs: FOI release on two-stage processing
- Federal Court of Australia: [2022] FCA 490
