Partner & Family Visas

Partner Visa Evidence and Assessment Criteria

The Department of Home Affairs assesses partner visa applications against a four-pillar framework designed to determine whether the relationship is genuine and continuing. The financial aspects pillar examines joint ownership of assets, joint liabilities, pooling of financial resources, and any legal obligations owed to each other. The nature of the household pillar considers cohabitation arrangements, joint household responsibilities, and the division of household labour. The social aspects pillar evaluates how the couple presents their relationship to the outside world, including joint social activities, recognition by family and friends, and the couple's reputation within their community. The nature of commitment pillar assesses the couple's knowledge of each other's personal circumstances, the duration of their relationship, and their future plans together. Applicants should provide comprehensive documentary evidence addressing each pillar, including cohabitation evidence (lease agreements, utility bills addressed to both parties), financial evidence (joint bank account statements, shared credit cards, joint loan documents), social evidence (photographs of the couple with family and friends, social media posts, statutory declarations from third parties), and commitment evidence (detailed relationship statements, correspondence, evidence of future planning). Our team prepares comprehensive evidence bundles tailored to each couple's unique circumstances, significantly reducing the risk of requests for further information and processing delays.

Parent and Contributory Parent Visas

Parent visa options present significant challenges due to the combination of high demand and limited annual places. The standard Subclass 103 Parent visa has an annual cap of approximately 1,500 places and current processing times exceeding 30 years for new applicants. The Contributory Parent visa (Subclass 143) offers significantly faster processing, typically 3-5 years, at a substantially higher cost. The contributory visa requires payment of a first instalment visa application charge of approximately AUD 4,765 plus a second instalment contribution of approximately AUD 48,395 per applicant. The balance-of-family test requires that at least half of the applicant's children are Australian citizens, permanent residents, or eligible New Zealand citizens ordinarily resident in Australia. An assurance of support is required for both parent visa categories, involving a financial commitment from an Australian resident who agrees to repay the Australian government for any recoverable welfare payments made to the visa applicant during the assurance period. The Temporary Sponsored Parent visa (Subclass 870) provides a short-term alternative, allowing parents to stay in Australia for up to 5 years per grant (maximum 10 years total), though it does not provide a pathway to permanent residence. Our team provides comprehensive advice on the most appropriate parent visa option based on your family circumstances, budget, and reunification timeframe preferences.

Prospective Marriage and Fiancé Visas

The Subclass 300 Prospective Marriage visa provides a pathway for Australian citizens and permanent residents to bring their overseas fiancé to Australia for marriage. This visa allows the applicant to enter and remain in Australia for up to 9 months, during which time the couple must marry. Following the marriage, the visa holder can apply for an onshore partner visa (Subclass 820/801) to remain permanently. The Prospective Marriage visa requires evidence that the couple genuinely intends to marry, have met in person as adult couplse (unless waiver provisions apply), and are known to each other personally. The application must be supported by evidence of the relationship, including a detailed statement describing the development of the relationship, evidence of communication and visits, photographic evidence of time spent together, and evidence of future plans, including specific marriage arrangements. The Department scrutinises Prospective Marriage visa applications carefully to ensure the relationship is genuine and that the marriage will proceed as planned. If the relationship ends before the marriage takes place, the visa may be cancelled, and the applicant must depart Australia unless they hold another valid visa. Our team provides comprehensive guidance on Prospective Marriage visa requirements, evidence preparation, and the transition to partner visa application after marriage.

Family Visa Refusal and Review Options

Family visa applications can be refused for various reasons, including insufficient evidence of the genuine relationship, failure to meet health or character requirements, or incorrect application of visa criteria by case officers. When a partner visa application is refused, the review options depend on the location of the applicant. Onshore applicants generally have a right to review at the Administrative Appeals Tribunal (AAT), which provides an independent merits review of the Department's decision. The AAT review process involves submitting additional evidence and arguments, and may include a hearing where the applicant and sponsor provide oral evidence about their relationship. For offshore applications, review rights may be more limited, though some decisions are reviewable. Time limits for lodging review applications are strict — generally 21 days for onshore decisions and 28 days for certain offshore decisions. In addition to merits review, judicial review in the Federal Circuit and Family Court of Australia is available on legal error grounds, and ministerial intervention requests may be considered in compassionate or compelling circumstances. Our team provides strategic advice on the most appropriate review pathway, including assessment of merits, timing considerations, and prospects of success at each stage of the review process.

Partner & Family Visas FAQs (Queensland Law)