💍 Navigating Australia’s Partner Visa Journey – Love, Law & Life After Breakup

Love knows no borders 💕—and neither should your relationship. If you're in a committed relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, Australia’s Partner Visa program offers a pathway to build a life together 🏡. But love can be complicated—and so can the legal process.

At Empathy Migration, we specialise in helping couples through this highly personal and emotional immigration journey 🤝. Whether you're planning a future together—or facing the heartbreak of a relationship breakdown 💔—we’re here with compassion, strategy, and expert guidance.

✈️ What is a Partner Visa?

A Partner Visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia 🇦🇺.

There are two main categories:

🔹 Onshore Partner Visa (Subclass 820/801) – for applicants already in Australia🔹 Offshore Partner Visa (Subclass 309/100) – for applicants applying from overseas.

Most people are first granted a temporary visa (820 or 309), and if the relationship remains genuine and continuing after 2 years (exemptions apply) they receive a permanent visa (801 or 100) 🕊️.

💑 Who Can Apply: Married, De Facto, or Registered?

You don’t need to be married. You can apply as a de facto partner (including same-sex couples 🏳️‍🌈) if your relationship is:

• Exclusive and genuine 💖

• At least 12 months long (unless it's a registered relationship or you qualify under exceptions)

• Not a prohibited family relationship 👨‍👩‍👧

Registering your relationship in a state like NSW or Victoria may help bypass the 12-month rule 📝.

🧱 The 4 Pillars of a Strong Partner Visa Application

To give your Partner Visa the best chance of success, you need to build your case around these four critical areas—also known as the 4 Pillars of Relationship Evidence. These are what the Department of Home Affairs looks at to assess if your relationship is genuine and continuing:

1️⃣ Financial Commitment 💳

Demonstrating you share financial responsibilities helps prove a real partnership. This can include:

• Joint bank accounts

• Shared bills or rent

• Joint purchases (furniture, travel, car)

• Legal obligations to support one another

2️⃣ Nature of the Household 🏠

This shows how you live together as a couple. Evidence includes:

• Shared lease or mortgage

• Photos of your home life

• Joint responsibility for chores or children

• Bills or mail addressed to both of you

3️⃣ Social Aspects 🌏

How do you present your relationship to the world? Examples:

• Social media posts together

• Attending events as a couple

• Statements from friends and family

• Joint travel or social activities

4️⃣ Commitment to Each Other 💞

This is about the emotional side of your relationship. Evidence may include:

• Relationship timeline

• Communication records (texts, emails, call logs)

• Long-term plans (future travel, children, joint goals)

• Evidence of supporting each other in hard times

📸 The more real and diverse your evidence, the stronger your case.

At Empathy Migration, we guide you in gathering and presenting these four pillars clearly—so your story is told powerfully and persuasively.

👥 Sponsor Rules & Restrictions

Sponsors must also meet certain criteria. You may not be able to sponsor a partner if:

• You've sponsored 2 previous partners before 👥

• It’s been less than 5 years since your last sponsorship or visa application ⏳

• You have serious criminal convictions 🔒

However, these limits may be waived in compelling circumstances.

💒 Prospective Marriage Visa (Subclass 300)

Engaged to an Aussie? The Subclass 300 visa lets you come to Australia to marry your sponsor within 9 months 💌.

After marriage 💍, you can apply for a partner visa (820/801) onshore.

❗If the marriage doesn’t occur within that timeframe, the visa cannot be extended or converted.

⚠️ What If You Don’t Hold a Valid Visa?

One of the biggest worries we hear is: “Can I still apply if I’m unlawful or had a visa cancelled?”

✅ Yes, you may still be eligible.

Even if you’re in Australia without a valid visa (unlawful) or you’ve had a visa refusal or cancellation, you might still be able to apply for an onshore partner visa under special provisions 🧾. These cases fall under Schedule 3 of the Migration Regulations.

To qualify, you must show:

• 💬 Compelling reasons why the visa should be granted despite your immigration history

• ❤️ A genuine, ongoing relationship

• 📌 Eligibility for waivers under criteria 3001, 3003, and 3004

• ⚖️ You may also be eligible if “section 48 barred”

🔐 These cases are sensitive—but with the right help, they are not impossible. At Empathy Migration, we’ve helped many clients with complex backgrounds secure partner visas successfully.

💔 What If the Relationship Ends?

Life happens. Not every love story goes as planned. If your relationship breaks down before your permanent visa is granted, you might still qualify under special circumstances.

🕊️ Your Sponsor Has Passed Away

You may still be granted the permanent visa if:

• The relationship was genuine and continuing before their passing

• You’ve developed strong personal, cultural, or business ties in Australia

👶 You Have a Child Together

If you share custody or legal responsibility for a child from the relationship, your visa may still be approved.

-You Were a Victim of Family Violence

The Family Violence Provisions protect applicants from being forced to stay in unsafe or abusive relationships. You may still get your visa if:

• The relationship was genuine and ongoing until it ended

• You provide evidence of family violence (physical, psychological, financial, or emotional)

We handle these cases with discretion, care, and zero judgment 💗.

💼 Why Choose Empathy Migration?

We know how complex and emotional the partner visa journey can be. Whether you’re applying, facing a visa refusal, or recovering from a breakup, we bring:

✨ Deep legal knowledge✨ A compassionate and human-centred approach✨ Proven experience with complex and high-risk cases.

Your story matters—and so does your future.

🎉 Don’t Miss Your Free Eligibility Check!

LIMITED TIME OFFER 🚨Book your FREE 20-minute Partner Visa Eligibility Assessment with us now.We’ll review your situation, answer your questions, and help you understand your best options.

👉 Book your free session here

❓ Frequently Asked Questions (FAQ)

1. Can I apply for a Partner Visa if I am unlawful in Australia?✅ Yes, you may still be eligible under Schedule 3 of the Migration Regulations. You'll need to show compelling reasons for the visa to be granted despite your unlawful status, and demonstrate that your relationship is genuine and ongoing. A waiver of certain criteria may apply.

2. What happens to my Partner Visa if we break up?💔 If your relationship ends before the permanent visa is granted, you may still be able to continue your application under certain conditions—such as if you have a child together, your sponsor has passed away, or you've experienced family violence.

3. Do I need to be married to apply for a Partner Visa?💍 No. You can apply as a de facto partner, including same-sex relationships, if you’ve been in a genuine, exclusive relationship for at least 12 months—or if you are in a registered relationship in an Australian state or territory.

4. What evidence do I need to prove my relationship is genuine?📂 You need evidence across the 4 pillars: financial, household, social, and emotional commitment. This includes joint accounts, living arrangements, travel, and proof of a shared life.

5. Can I still get a visa if my sponsor dies?🕊️ Yes, in some cases. If your relationship was genuine and continuing up to your partner’s death and you’ve developed close personal, cultural, or business ties in Australia, you may still be eligible for a permanent Partner Visa.

6. What if I experienced family violence?🛡️ You can still be granted a permanent visa even if the relationship ended, as long as the violence occurred while the relationship was ongoing. You'll need to provide judicial (e.g., AVO, court order) or non-judicial evidence (e.g., medical, psychologist, or social worker reports).

7. How long does the Partner Visa process take?⏳ On average, it takes 20 to 24 months, depending on the case. However, exceptions and priority processing may apply in special circumstances.

8. Is there a free way to check my eligibility?🎉 Yes! Don’t miss your chance to book a FREE 20-minute Partner Visa Eligibility Assessment with Empathy Migration:

👉 Book now

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