Can we apply for a Partner visa if we are in Australia already or do we have to apply for it in our home country?

• You can apply for a Partner visa either onshore or offshore.
• You can apply for an onshore Partner visa (subclass 820) as long as you hold a ‘substantive visa’ for Australia at the time:
  • a substantive visa is any visa with the exception of Bridging or a Criminal Justice visas. A Visitor visa or Student visa is considered a substantive visa for the purpose of this application;
  • you must also ensure that your existing visa does not have a Condition 8503 on it which means that such a visa cannot be extended; and
  • if you have this condition you can either appeal this condition or you may have to leave Australia and apply for your Partner visa from your home country.
• The application process for the Partner visa is quite similar regardless of whether you are onshore or offshore.
• Some people prefer to apply for their visa in their home country as it can be done in their own language and administrative staff in their own country are able to better accommodate them based on their own culture and norms.
• Translation of documents is usually easier and cheaper back in your home country than in Australia.
• If you apply for your Partner visa in Australia ensure that you have all your supporting documents with you.
  • Please be aware that a police clearance certificate has to be applied for in person in many countries so you must make sure you have this first before coming to Australia.
• You can use our Phone a Lawyer service to get a preliminary consultation if you think you may need legal advice.