Family migration pathways in Australia are primarily governed by Schedule 2 of the Migration Regulations 1994. For partner visa applications, the central legal requirement is demonstrating that the relationship is both genuine and continuing. Our approach focuses on carefully addressing the four key evidentiary pillars considered by the Department: the financial aspects of the relationship, the nature of the shared household, the social recognition of the partnership, and the depth of mutual commitment between the parties. By structuring applications around these legal criteria, we aim to present clear and well-supported submissions that meet the Department’s decision-making framework.
Family, Partner & Spouse Migration
Securing a future for your family in Australia involves more than the preparation and lodgement of forms. Partner visa applications require applicants to demonstrate the genuine and ongoing nature of their relationship through detailed evidence that satisfies the Department of Home Affairs’ legal and evidentiary requirements.
At TGIF Legal, we assist clients in presenting a clear and structured account of their relationship, ensuring that the relevant aspects of their personal circumstances are properly documented and supported. This includes addressing the Department’s assessment criteria across key areas such as the financial, social, household, and commitment aspects of the relationship.
Our approach focuses on preparing well-organised and decision-ready applications supported by comprehensive documentation and detailed submissions where appropriate. By ensuring that the application clearly addresses the Department’s requirements from the outset, we aim to reduce the likelihood of requests for further information and minimise unnecessary processing delays.
TGIF Legal works closely with clients throughout the preparation process to ensure that their application accurately reflects the genuine nature of their relationship while meeting the legal standards required under Australian migration law.
Legislative Framework
Subclass Breakdown
Subclass 820/801 & 309/100 (Partner Visas)
These visas provide the principal migration pathways for spouses and de facto partners of Australian citizens, permanent residents, or eligible New Zealand citizens. The Subclass 820/801 pathway applies to applicants already in Australia, while the Subclass 309/100 pathway applies to those applying from outside Australia. Both operate through a two-stage process, beginning with a temporary visa and progressing to permanent residence once the Department is satisfied that the relationship remains genuine and continuing.
Subclass 300 (Prospective Marriage Visa)
The Prospective Marriage visa is designed for individuals who are engaged to an Australian citizen, permanent resident, or eligible New Zealand citizen. It permits entry to Australia for the purpose of marrying the sponsoring partner and generally provides a stay of 9 to 15 months. After the marriage has taken place, applicants may transition to the partner visa pathway from within Australia.
Parent & Child Visas
Family migration pathways also include visas for parents and dependent children of Australian citizens and permanent residents. Key streams include the Contributory Parent (Subclass 143) visa and the Child (Subclass 101) visa. These applications often involve complex statutory requirements such as the Balance of Family test and the provision of an Assurance of Support (AoS), which require detailed financial and documentary preparation.
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