Subclass 309/100 Partner Visa (Offshore)

ABOUT THIS VISA

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This 2-stage visa allows partners of Australian citizens, permanent residents or eligible New Zealand citizens to permanently live in Australia. For this visa, you apply for the temporary Partner (Provisional) Visa (Subclass 309) and Partner (Permanent) Visa (Subclass 100) visa at the same time. You apply for this visa if you are NOT in Australia.

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PARTNER (PROVISIONAL) VISA (SUBCLASS 309)

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The Partner (Provisional) Visa (Subclass 309) The first stage of this visa allows a de facto or spouse live temporarily in Australia temporarily with their partner. You must be outside Australia when you apply and the visa is granted. Getting this visa is the first step towards a permanent Partner (Permanent) Visa (Subclass 100). It allows you to stay in Australia temporarily until the Australian government has decided on the outcome of the permanent stage Partner (Permanent) Visa (Subclass 100) of the visa. This visa currently costs $8850AUD and has a typical processing time of between 14 - 20 months.

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To be eligible for this visa, you will need to be:

• Outside      Australia at the time of applying.
• Be in a      genuine relationship with an Australian citizen, permanent resident or      eligible NZ citizen who is willing to sponsor you.
• Over 18      years of age (except in particular circumstances)
• Meet the      character requirements.
• Have no      outstanding debts to the Australian government.
• NOT had a      visa cancelled or application refused.
• Meet the      requirements for a "de facto" partner, if you are not married.

PARTNER (PERMANENT) VISA (SUBCLASS 100)

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This is the second stage of the visa application process. This permanent visa is granted to people who hold a Partner (Provisional) Visa (Subclass 309) visa and who are still in an ongoing relationship with their partner who sponsored them for the Partner (Provisional) Visa (Subclass 309) visa. It lets you stay, work and study in Australia and live here indefinitely, sponsor eligible family members, and in time apply for Australian citizenship. There is no cost for this visa as costs were covered when you applied for the Partner (Provisional) Visa (Subclass 309) visa.

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SPONSOR REQUIREMENTS

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Sponsors are required to provide the visa applicant (their partner) with accommodation, financial support and other support such as child care etc. To be a sponsor you will need to be an Australian citizen, Permanent Resident or eligible NZ citizen. You need to be in a genuine relationship such as marriage or de facto partner with the visa applicant and be over 18 years of age.

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DIFFERENT BETWEEN THE PARTNER (PROVISIONAL) VISA (SUBCLASS 309) & PARTNER (PERMANENT) VISA (SUBCLASS 100)

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The main differences between these two visas is that the Partner (Provisional) Visa (Subclass 309) is temporary and allows you to live in Australia for a certain period of time where the Partner (Permanent) Visa (Subclass 100) is a visa that allows you to live in Australia permanently. The Partner (Provisional) Visa (Subclass 309) is the first step of getting the Partner (Permanent) Visa (Subclass 100).

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WHO IS THIS VISA SUITABLE FOR

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This visa is suitable for for those who are legally married, intend to get married (but one partner is overseas) or have been in a defacto relationship for 12 months immediately prior to the visa application. This visa may also be suitable for people who have met online or having a long distance relationship with an Australian provided they are legally married or can meet the requirements of a "de facto" relationship.

​OTHER IMPORTANT POINTS TO NOTE

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You only pay a single charge for this visa however the application for both visas is processed in two stages. Stage 1 is for the Partner (Provisional) Visa (Subclass 309) which allows you to temporarily live in Australia. After two years, you can be inside or outside Australia when you apply for the Stage 2 Partner (Permanent) Visa (Subclass 100). You must be outside Australia when you apply for this visa. This visa is primarily designed for partners of Australian citizens, permanent residents or eligible NZ citizens who are currently OUTSIDE Australia looking to move to Australia to live with their partner.

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1. Temporary Skill Shortage visa (subclass 482)
2. Employer Nomination Scheme (subclass 186)
3. Skilled Independent visa (subclass 189) 
4. Skilled Nominated visa (subclass 190) 
5. Skilled Work Regional (Provisional) visa (subclass 491)
6. Skilled Employer Sponsored Regional (provisional) visa (subclass 494)
7. Permanent Residence (Skilled Regional) visa (subclass 191)
8. Temporary Graduate visa (subclass 485)
9. Temporary Activity visa (subclass 408)
10. Temporary Work (Short Stay Specialist) visa (subclass 400)
11. Global Talent visa (subclass 858)

• Skilled Independent (subclass 189) visa – no nomination needed.
• Skilled Nominated (subclass 190) visa – requires nomination by a state or territory government.
• Skilled Work Regional (Provisional) (subclass 491) visa – requires nomination by a state or territory government or sponsorship by an eligible relative.
• The Skilled Independent (subclass 189) and Skilled Nominated (subclass 190) visas grant permanent residency. If you opt for the Skilled Work Regional (Provisional) (subclass 491) visa, you are eligible to pursue permanent residency after three years.

Before submitting your EOI, you must ensure that:

• Your occupation is listed on the skilled occupation list, which varies with different visas.
• You meet the minimum points score of 65, calculable through the points calculator.
• You have secured an evaluation of your professional qualifications by an authorized Australian assessment authority, to verify your skills and credentials.
• You meet the competent English requirements. ( If your application includes your partner or any dependent children over the age of 18, they must also demonstrate at least functional English).
• 
  

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Australian Migration Lawyers — Sydney NSW, Brisbane, Charleville QLDVisa Applications | Appeals & Reviews | AAT | Federal Court | Ministerial Intervention | Citizenship
Expert Australian Migration Lawyers — KJV Lawyers Pty LtdNavigating Australia's complex migration law is daunting — a refused visa, a missed deadline or a poorly prepared application can have life-changing consequences. KJV Lawyers Pty Ltd are registered migration agents and solicitors based in Burwood, Sydney, with clients across Brisbane, Queensland and all of Australia. We fight for your right to stay, work, study and build your life in Australia. Why clients across Australia choose KJV Migration Lawyers:✓ Registered practising solicitors ✓ Experience at the AAT, Federal Circuit Court and Federal   Court of Australia✓ Ministerial Intervention applications under s417 and   s48B of the Migration Act 1958✓ Burwood Sydney office — also serving Brisbane,   Charleville QLD and all of regional Australia✓ Video consultations available — expert advice wherever   you are in Australia or overseas✓ Plain-English advice — we explain complex migration law   clearly and honestly✓ Proven track record in complex, refused and urgent visa   mattersOur Migration Law ServicesKJV Lawyers Pty Ltd handles the full spectrum of Australian migration law — from first-time visa applications through to Federal Court judicial review. Whatever your situation, we have the expertise to guide you through it. 🏛Visa   Appeals & ReviewsAAT   & Federal Court
💼Business   Innovation VisaSubclass   188
🎓Student   VisaAll   streams
👨‍👩‍👧Family   & Partner VisaAll   partner streams ✈️Visitor   VisaTourist   & business
🌏General   Skilled MigrationPoints-tested   visas
🛡Refugee   & HumanitarianProtection   visas
🇦🇺Australian   CitizenshipApplication   & appealsVisa Appeals & Reviews — AAT & Federal Court of AustraliaHad your visa refused or cancelled? Do not give up. A refusal is not always the end — in many cases it is just the beginning of a legal process that KJV Lawyers knows how to navigate. We represent clients at every level of the migration appeals system. Administrative Appeals Tribunal (AAT)
• Merits review of refused and   cancelled visas• Strict time limits — act within   21–70 days of refusal• Preparation of comprehensive AAT   review applications• Evidence gathering, statutory   declarations and submissions• AAT hearing representation by   experienced lawyers• Partner, student, visitor,   skilled and protection visa reviews
Federal Court — Judicial Review
• Judicial review of AAT decisions   on errors of law• Federal Circuit Court and Full   Federal Court applications• Jurisdictional error and   procedural fairness grounds• Urgent injunctions to prevent   removal or deportation• Judicial review of Ministerial   decisions• Administrative law and   constitutional law grounds ⚠ TIME-CRITICAL — VISA   APPEAL DEADLINES ARE STRICTAAT review applications must be   lodged within 21–70 days of your refusal notice (depending on visa type).Federal Court applications   typically must be filed within 35 days of the AAT decision.Missing these deadlines means   losing your right to appeal — permanently.Call KJV Lawyers immediately: 1800 788 414 | kjvlawyers.com.auMinisterial Intervention — Section 417 & Section 48BWhen all avenues of appeal have been exhausted, Ministerial Intervention may be your last opportunity to remain in Australia. KJV Lawyers has experience preparing compelling Ministerial Intervention requests that present your case in the strongest possible light. What is Ministerial Intervention?Under section 417 of the   Migration Act 1958, the Minister for Immigration has a personal,   non-compellable discretion to substitute a more favourable decision for an   AAT decision — even where you have lost your AAT appeal. Section 48B allows   the Minister to permit a further protection visa application in certain   circumstances.Ministerial Intervention may   apply if:• You have   exhausted all other appeal rights• There are   unique or exceptional circumstances in your case• Removal from   Australia would cause significant hardship or injustice• Compelling   compassionate circumstances exist• Significant   time spent in Australia and community tiesKJV Lawyers prepares thorough,   evidence-based Ministerial Intervention requests that clearly articulate the   exceptional circumstances of your case. We know what the Minister's   guidelines look for — and how to present your case persuasively.Business Innovation & Investment Visa (Subclass 188)The Subclass 188 is a provisional visa for business owners, investors and entrepreneurs who want to establish or manage a business in Australia. It is one of Australia's most complex visa pathways — the eligibility requirements, state nomination processes and expression of interest (EOI) system demand expert guidance. Subclass 188 Streams
• Business Innovation stream —   established business owners• Investor stream — designated   investments from $1.5M• Significant Investor stream —   $5M in complying investments• Premium Investor stream — $15M   in complying investments• Entrepreneur stream — innovative   business or research
What KJV Lawyers Does for You
• SkillSelect EOI preparation and   strategy• State/territory nomination   applications• Business and financial document   review• Full Subclass 188 visa   application preparation• Pathway to Subclass 888   permanent residence• Urgent and complex case   managementGeneral Skilled Migration — Points-Tested VisasAustralia's General Skilled Migration programme is points-based and highly competitive. Whether you are applying for a Subclass 189 (independent), 190 (state nominated) or 491 (regional), KJV Lawyers will maximise your points score and navigate SkillSelect on your behalf. 🌐 Subclass 189   — Independent• No employer or state sponsor   needed• SkillSelect EOI and invitation• Skills assessment coordination• Full application management
🗺 Subclass 190   — State Nominated• State/territory nomination   strategy• Occupation and state matching• Meeting state-specific   requirements• Application lodgement and   follow-up
🏡 Subclass 491   — Regional• Regional nomination or sponsor• Regional Australia commitment• Pathway to PR (Subclass 191)• Appeals if nomination refused Family & Partner Visas
• Partner visa (Subclass 820/801   onshore)• Partner visa (Subclass 309/100   offshore)• Prospective marriage visa   (Subclass 300)• Parent visas (contributory and   non-contributory)• Child and adoption visas• Other family visas• AAT review of refused partner   visas
Student Visas
• Student visa (Subclass 500)   applications• Student Guardian visa (Subclass   590)• Vocational, higher education   & ELICOS streams• Visa condition 8202 compliance   advice• Student visa refused? AAT review   available• Student to graduate visa   (Subclass 485) pathway• Enrolment and provider issues —   migration implications Visitor Visas
• Visitor visa (Subclass 600) —   tourist stream• Visitor visa — business visitor   stream• Visitor visa — sponsored family   stream• Electronic Travel Authority   (ETA)• eVisitor (Subclass 651)• Refused visitor visa — AAT   review• Multiple-entry visitor visa   strategy
Refugee & Humanitarian Visas
• Protection visa (Subclass 866)   applications• Temporary Protection Visa (TPV)   Subclass 785• Safe Haven Enterprise Visa   (SHEV) Subclass 790• Refugee and Special Humanitarian   Programme• Complementary protection   applications• SHEV obligations and pathways to   other visas• Protection visa refusals — AAT   and Federal CourtAustralian Citizenship — Applications & AppealsAustralian citizenship is one of the most significant milestones in an immigrant's life. KJV Lawyers provides expert advice on eligibility, applications and appeals — including where applications have been refused or delayed unreasonably. • Citizenship   by conferral — eligibility assessment and application• Citizenship   by descent — for children born overseas to Australian citizens• Citizenship   by adoption• Citizenship   test preparation and advice• Refused   citizenship application — Administrative Appeals Tribunal review• Delays in   processing — legal options and judicial review• Loss and   resumption of Australian citizenship• Citizenship   renunciation — implications and processHow KJV Migration Lawyers Work With You — 4 Simple StepsFrom your first call to your visa grant, we manage every step of your matter with precision, transparency and care. STEP1
Free Initial Assessment (Day 1)Contact   KJV Lawyers by phone, email or video. We assess your visa situation, identify   your options and explain the risks and opportunities — clearly and honestly. STEP2
Strategy & Preparation (Days 2–14)We   develop your migration strategy, prepare all documents, statutory   declarations and submissions, and review every piece of evidence before   lodgement. STEP3
Lodgement & Advocacy (Ongoing)We   lodge your application or appeal and manage all communication with the   Department of Home Affairs, the AAT or the Court on your behalf. STEP4
Outcome & Next Steps (Decision)We   advise you of the outcome and immediately identify any next steps — whether   that is a grant, a further appeal, a Ministerial Intervention request or a   new application pathway.Administrative Law, Judicial Review & the AAT — Know Your RightsAustralia's migration system is governed by a complex body of administrative law. When government decisions are wrong — in law or in fact — KJV Lawyers has the expertise to challenge them. ⚖️ Administrative Law• Merits review at the AAT• Migration and Refugee Division• Immigration Assessment Authority   (IAA)• Procedural fairness obligations• Natural justice requirements
🏛 Judicial   Review• Federal Circuit Court   applications• Full Federal Court appeals• Jurisdictional error grounds• s75(v) Constitution applications• ADJR Act applications
📋 AAT Migration   Review• All reviewable visa decisions• Bridging visa advice during   review• Evidence and witness preparation• Oral hearing representation• AAT practice and procedure Get Expert Migration Advice TodayVisa refused? Appeal deadline approaching? Facing   deportation? Don't wait.KJV Lawyers Pty Ltd — Migration Law Experts, Burwood   Sydney📞 1800   788 414 | 🌐 kjvlawyers.com.au | 📍 Burwood, Sydney NSWVideo consultations available Australia-wide and   internationally | ACN: 67 045 5053
 

1.  BUSINESS INNOVATION STREAM VISA SUBCLASS 188A)
2.  SIGNIFICANT INVESTOR STREAM VISA(SUBCLASS 188C)
3. SIGNIFICANT INVESTOR STREAM VISA
   (SUBCLASS 188C)
4.  PREMIUM INVESTOR STREAM VISA (SUBCLASS 188D)
5.  ENTREPRENEUR STREAM VISA (SUBCLASS 188E)

Business Innovation and Investment (Provisional) Visa (Subclass 188) 

This is a temporary visa for successful business innovators and investors who intend to: 

• Start a business, operate an existing one, or invest in a business in Australia.
• Contribute to the country’s economic development.
• Capitalise on Australia’s highly desirable and economically prosperous environment.

• Demonstrated experience and success in business or investments.
• A genuine intent to actively manage or invest in a business in Australia.
• Securing a nomination from an Australian state government or Austrade after submitting an Expression of Interest through SkillSelect.

• Business Innovation Stream: Tailored for experienced business owners wishing to start or expand businesses in Australia with the endorsement of a state government.
• Investor Stream: Designed for medium-scale investors willing to invest a minimum of AUD $1.5 million with the support of a state government.
• Significant Investor Stream: Catered to those investing AUD $5 million, with the endorsement of a state or Austrade.
• Premium Investor Stream: Exclusively for grand-scale AUD $15 million projects that have garnered the endorsement of Austrade.

Holding this visa is the first stage before becoming eligible to qualify for a Business Innovation and Investment (Permanent) visa (subclass 888).

The journey begins with the submission of an Expression of Interest via SkillSelect. Post this, obtaining a nomination from either a state government or Austrade is crucial. Once these prerequisites are fulfilled, you can proceed with the visa application.

The processing timeline for the Subclass 188 Visa typically ranges between 8 and 9 months, contingent on the strength of the application and alignment with the visa’s prerequisites.

This permanent visa is granted after meeting the conditions of the provisional visa. It gives residents indefinite rights to continue their business operations in Australia. Obtaining the provisional visa first is a required stepping stone toward eligibility for the permanent Visa. 

• Unlimited rights to live, work, and conduct business in Australia.
• Opportunity to contribute further to Australia’s economic landscape and consolidate one’s business or investment standing.
• Access to all benefits and privileges that come with permanent residency, including healthcare and educational opportunities.

To pursue the Subclass 888 Visa, one must first hold the provisional Business Innovation and Investment visa and satisfy its conditions. Only after fulfilling these prerequisites can an individual apply for the permanent Subclass 888 Visa, showcasing their achievements and commitment to Australia’s economic progress.

The processing time for the Subclass 888 Visa can vary depending on various factors, including the applicant’s adherence to the requirements and the comprehensive nature of the provided documentation. However, having a well-prepared application, backed by substantial evidence of fulfilling the provisional visa’s conditions, can expedite the process.  

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1.  BUSINESS INNOVATION STREAM VISA SUBCLASS 188A)
2.  SIGNIFICANT INVESTOR STREAM VISA(SUBCLASS 188C)
3. SIGNIFICANT INVESTOR STREAM VISA
   (SUBCLASS 188C)
4.  PREMIUM INVESTOR STREAM VISA (SUBCLASS 188D)
5.  ENTREPRENEUR STREAM VISA (SUBCLASS 188E)

Business Innovation and Investment (Provisional) Visa (Subclass 188) 

This is a temporary visa for successful business innovators and investors who intend to: 

• Start a business, operate an existing one, or invest in a business in Australia.
• Contribute to the country’s economic development.
• Capitalise on Australia’s highly desirable and economically prosperous environment.

• Demonstrated experience and success in business or investments.
• A genuine intent to actively manage or invest in a business in Australia.
• Securing a nomination from an Australian state government or Austrade after submitting an Expression of Interest through SkillSelect.

• Business Innovation Stream: Tailored for experienced business owners wishing to start or expand businesses in Australia with the endorsement of a state government.
• Investor Stream: Designed for medium-scale investors willing to invest a minimum of AUD $1.5 million with the support of a state government.
• Significant Investor Stream: Catered to those investing AUD $5 million, with the endorsement of a state or Austrade.
• Premium Investor Stream: Exclusively for grand-scale AUD $15 million projects that have garnered the endorsement of Austrade.

Holding this visa is the first stage before becoming eligible to qualify for a Business Innovation and Investment (Permanent) visa (subclass 888).

The journey begins with the submission of an Expression of Interest via SkillSelect. Post this, obtaining a nomination from either a state government or Austrade is crucial. Once these prerequisites are fulfilled, you can proceed with the visa application.

The processing timeline for the Subclass 188 Visa typically ranges between 8 and 9 months, contingent on the strength of the application and alignment with the visa’s prerequisites.

This permanent visa is granted after meeting the conditions of the provisional visa. It gives residents indefinite rights to continue their business operations in Australia. Obtaining the provisional visa first is a required stepping stone toward eligibility for the permanent Visa. 

• Unlimited rights to live, work, and conduct business in Australia.
• Opportunity to contribute further to Australia’s economic landscape and consolidate one’s business or investment standing.
• Access to all benefits and privileges that come with permanent residency, including healthcare and educational opportunities.

To pursue the Subclass 888 Visa, one must first hold the provisional Business Innovation and Investment visa and satisfy its conditions. Only after fulfilling these prerequisites can an individual apply for the permanent Subclass 888 Visa, showcasing their achievements and commitment to Australia’s economic progress.

The processing time for the Subclass 888 Visa can vary depending on various factors, including the applicant’s adherence to the requirements and the comprehensive nature of the provided documentation. However, having a well-prepared application, backed by substantial evidence of fulfilling the provisional visa’s conditions, can expedite the process.  

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• Prospective Marriage visa (subclass 300)
• Partner (Provisional and Migrant) visa (subclass 309 100)
• Partner visa (subclass 820 801)
• New Zealand Citizen Family Relationship (temporary) visa (subclass 461)
• Parent visa (subclass 103) 
• Aged Parent visa (subclass 804)
• Contributory Parent (Temporary) visa (subclass 173)
• Contributory Parent visa (subclass 143)
• Contributory Aged Parent (Temporary) visa (subclass 884)
• Contributory Aged Parent visa (subclass 864)
• Sponsored Parent (Temporary) visa (subclass 870)
• Child visa (subclass 101)
• Child visa (subclass 802)
• Dependent Child visa (subclass 445)
• Adoption visa (subclass 102)
• Carer visa (subclass 836)
• Carer visa (subclass 116)

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Subclass 820

Partner visa (Temporary)

This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia temporarily. Getting this visa is the first step towards a permanent Partner visa (subclass 801).

· ​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​This is a temporary visa

· This leads directly to the permanent Partner visa

· You must be in Australia when you apply

 

Stay

Temporarily until your permanent Partner visa (subclass 801) application is finalised or you withdraw your application.

Cost

 As of early 2026, the Australian Subclass 820 Partner visa (onshore) application fee generally starts from AUD 9,365 for most primary applicants, covering both the temporary (820) and permanent (801) visas.  

Processing Time

For an indication of processing times for this visa, use the visa processing time guide tool. This will show the processing times for recently decided applications. It is a guide only and not specific to your application.

To convey a realistic processing time for on-hand and new applications, processing time data does not include applications previously impacted by Ministerial Direction 80. Applicants impacted by this now superseded Ministerial Direction have been individually contacted and their applications are now being processed.

Details Subclass 801

Partner visa (Permanent)

This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia permanently. It is usually only for people who currently hold a temporary Partner visa (subclass 820).

· ​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​This is a permanent visa

· You must hold a temporary Partner visa (subclass 820)

Stay

Permanently.

Cost

You paid for this visa when you made your combined application for the temporary and permanent partner visas.

Processing Time

For an indication of processing times for this visa, use the visa processing time guide tool. This will show the processing times for recently decided applications. It is a guide only and not specific to your application.

To convey a realistic processing time for on-hand and new applications, processing time data does not include applications previously impacted by Ministerial Direction 80. Applicants impacted by this now superseded Ministerial Direction have been individually contacted and their applications are now being processed.

The processing time for a permanent Partner visa starts from the date of eligibility. This is 2 years after you applied for the combined temporary and permanent partner visas.

We update processing times regularly. We assess all applications on a case by case basis. Complex cases may take longer to process. You should use published processing times as a guideline only. You cannot influence these timeframes.

Your application can take longer to process if:

· you do not fill it in correctly

· you don't include all required documents or we need more information from you

· it takes time to verify your information.

Contact AUSTRALIAN VISA EXPERTS to help you apply for this visa.

Our experienced immigration lawyers practice specifically in Australian immigration law and can assist with a range of visa types and complex circumstances, including Australian visas, employer sponsored visa, business visas, and representing clients in the Administrative Appeals Tribunal.
 

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Australian Immigration Law Services

Student Visa

Subclass 500

The applicant who wants to apply for a student visa must:

​

• be enrolled in a course of study in Australia;
• hold Overseas Student Health Cover (OSHC), or fall in one of the exemption         categories;
• must be 6 years or older;
• if the applicant is under 18, welfare arrangement must be provided;
• have sufficient fund to finance his/her school fees and living expenses;
• be a genuine temporary entrant; 
• if aged 16 and over, meet character requirements;
• meet health requirements; and
• may need to meet English requirements  

The student visa holder can only work up to 40 hours in a fortnight. A fortnight means the period of 14 days starting on a Monday. The member of the family unit of a primary student visa holder, must not work in Australia until the primary visa holder started his course. Family members of students studying a masters or a doctorate degree can work unrestricted hours once the primary student visa holder has started his course.

New funds evidence for Australia student visa as from 1 October 2023

The Australian government has announced new requirements for funds evidence for student visa applications from 1 October 2023. The new requirements are designed to ensure that international students have sufficient financial resources to support themselves during their stay in Australia.

Summary of new funds evidence requirements for student visa applications from 1 October 2023

Regulated students and streamlined students who are asked to provide funds by a case officer:

• Primary applicant: AUD      24,505
• Spouse: AUD 8,574      (35%)
• Child: AUD 3,670 (15%)
• School fees
• Course fees for the      first 12 months less any fees already paid
• Travel expenses

Steps to check if you need to provide funds:

1. Use the Document      Checklist tool on the Immigration website to check if you are required to      provide financial evidence: https://immi.homeaffairs.gov.au/visas/web-evidentiary-tool
2. If you are required to      provide financial evidence, you are a regulated student and you must      provide evidence of funds as calculated above.
3. If you are not      required to provide financial evidence, you are a streamlined student.
4. However, a case      officer may still ask you to provide funds, even if you are a streamlined      student. If this happens, you must provide evidence of funds as calculated      above.

Acceptable sources of funds:

• Bank statements
• Bank certificates
• Bank fixed deposits
• Education loans
• Business loans (if      evidence of disbursement is provided)

What is the new funds evidence requirement for Australia student visa?

From 1 October 2023, student visa applicants will need to show that they have at least AUD 24,505 in savings to cover their annual living expenses in Australia. This is an increase from the current requirement of AUD 21,041.

What are the acceptable sources of funds for student visa funds evidence?

The following sources of funds are acceptable for student visa funds evidence:

• Bank statements      showing that you have at least AUD 24,505 in savings in      your own name or in the name of your parents or guardians.
• Scholarship or      sponsorship letters from recognized organizations.
• Letters from your      parents or guardians stating that they will support you financially while      you are in Australia.
• Evidence of employment      income, such as pay slips or tax returns.
• Evidence of other      assets, such as property or investments.

What documents do I need to submit as proof of funds?

The specific documents that you need to submit will vary depending on your individual circumstances. However, you will typically need to submit the following:

• A bank statement      showing that you have at least AUD 24,505 in savings in your own name or      in the name of your parents or guardians.
• If you are sponsored      by a scholarship or organization, you will need to submit a copy of the      scholarship or sponsorship letter.
• If your parents or      guardians are supporting you financially, you will need to submit a letter      from them stating that they will support you financially while you are in      Australia.
• If you have employment      income, you will need to submit pay slips or tax returns for the past six      months.
• If you have other      assets, such as property or investments, you will need to submit evidence      of this.

How do I submit my funds evidence?

You will need to submit your funds evidence with your student visa application. You can do this online through the ImmiAccount website or by mail.

What happens if I do not meet the new funds evidence requirement?

If you do not meet the new funds evidence requirement, your student visa application may be refused. You may be able to appeal the decision, but you will need to provide additional evidence to support your appeal.

Tips for submitting strong funds evidence

Here are some tips for submitting strong funds evidence for your student visa application:

• Make sure that your      funds evidence is recent. The Australian government recommends that you      submit funds evidence that is no more than six months old.
• If you are submitting      bank statements, make sure that they show a consistent pattern of savings.
• If you are submitting      a scholarship or sponsorship letter, make sure that it is from a      recognized organization.
• If you are submitting      a letter from your parents or guardians, make sure that it is on their      official letterhead and that it is signed by both parents or guardians.
• If you are submitting      pay slips or tax returns, make sure that they are from a legitimate      employer.
• If you are submitting      evidence of other assets, such as property or investments, make sure that      it is accurate and up-to-date.

If you are unsure about whether you need to provide funds for your student visa application, or if you need help providing evidence of funds, you should consult us KJV LAWYERS – BURWOOD.

BOOK AN APPOINTMENT TODAY

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Book an appointment with VISAS TO AUSTRALIA today by calling us on 

0451984948 or send us an email info@kjvlawyers.com.au

Kjvlawyers.com.au

Our legal expertise in migration law extends far beyond assisting clients in Australia's capital cities. We provide comprehensive support to individuals, families, and businesses in many locations across the country.

Training Visa

Subclass 407

This is a temporary visa which could be granted up to a maximum stay for 2 years.

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Training visa allows applicant to: 

• visit Australia to complete a workplace-based training (to improve the applicant’s skills of his current occupation, area of tertiary study or field of expertise), or

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• a professional development training program

There are 3 types of occupational training covered by this visa:

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• Occupational training required for registration;
• Occupational training to improve skills in an eligible occupation; and
• Occupational training for capacity building overseas. This includes overseas qualification, government support or professional.

The applicant must

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• be sponsored
• be nominated (unless the  sponsor is a Commonwealth Government agency)
• be invited (if the sponsor is a Commonwealth Government agency)

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Nomination is the stage where the sponsor provides details about the nominee (intended trainee), the purpose or type of training and how and where the training will be provided.

The applicant can include members of the family unit at time of application and could also add family members to the application after submission of the visa but before DOHA makes decision on the visa.

All applicants must meet the health and character requirements.  

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KJV Lawyers offers expert support for all your legal needs in Toowoomba and Charleville, Queensland.

 Judicial review in Australian migration law is a court process where a judge examines whether a government decision-maker made a legal error when refusing or cancelling a visa. It is not a re-hearing of your case, and the court cannot grant you a visa. Instead, the court only decides if the decision was made lawfully.Key Features of Judicial Review

• Focus on Legal Errors: The court only looks for "jurisdictional errors," meaning the decision-maker broke the law, ignored relevant evidence, or misunderstood their powers.
• No New Evidence: You generally cannot present new facts or documents that the original decision-maker did not see.
• No Visa Power: If you win, the court cannot give you a visa. It can only cancel the bad decision and force the Department to look at your application again.
• Strict Time Limits: You must lodge an application within 35 days of the date of the migration decision.

The Standard Migration Appeal Process

[ 1. Department of Home Affairs ] 

         (Refuses or Cancels Visa)

                   │

                   ▼

[ 2. Administrative Review Tribunal (ART) ] 

         (Merits Review: Re-evaluates all facts and evidence)

                   │

                   ▼

[ 3. Federal Circuit and Family Court of Australia ] 

         (Judicial Review: Checks only for legal errors)

Merits Review vs. Judicial ReviewIt is critical to understand how judicial review differs from a standard appeal:

• Merits Review (The ART): Done by the Administrative Review Tribunal (ART). They step into the shoes of the Department, look at all your facts, accept new evidence, and decide if you deserve the visa.
• Judicial Review (The Courts): Done by the Federal Circuit and Family Court or the Federal Court. They do not care if the decision was harsh or if they agree with it. They only check if the ART or Department followed the strict rules of law.

Common Examples of Legal ErrorsA court may overturn a visa refusal if the decision-maker:

• Denied Natural Justice: Did not give you a fair chance to respond to damaging information.
• Misapplied the Law: Misinterpreted the Migration Act 1958 or its regulations.
• Showed Actual Bias: Was locked into a decision without genuinely considering your case.
• Ignored Vital Evidence: Completely overlooked an important document that was central to your application.

If you are considering this process, let me know:

• Has your visa already been refused or cancelled, and by whom (the Department or the ART)?
• What was the exact date you received the decision letter?

This will help determine if you are still within the strict legal deadlines.AI responses may include mistakes. For legal advice, consult KJV LAWYERS

The Partner visa combines two stages into a single application:

• Subclass 820 — a temporary visa that allows you to live, work, study, and travel in Australia while your application is assessed.
• Subclass 801 — the permanent visa, granting you the right to remain in Australia indefinitely.

This visa is available to onshore applicants only (those already in Australia at the time of application). If you are currently outside Australia, you may need to apply for the Partner visa (Subclass 309/100) instead — our team can advise you on the right pathway.

To make a valid application, you must:

• Be physically present in Australia at the time of lodgement
• Be in a genuine, ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen
• Be legally married to your sponsor, or in a de facto relationship (generally requiring at least 12 months of cohabitation prior to applying — though exceptions apply)
• Be aged 18 or over (limited exemptions apply)
• Satisfy health and character requirements

Once you lodge your application, the Department of Home Affairs will assess whether your relationship is genuine and continuing. If satisfied, you will be granted the Subclass 820 visa, which allows you to:

• Live, work, and study in Australia without restriction
• Travel freely in and out of Australia
• Access Medicare

Approximately two years after your initial application, you will become eligible for assessment for the permanent Subclass 801 visa. At this stage, the Department will confirm that your relationship is still ongoing. Once granted, you become a permanent resident of Australia.

If you have been in a longstanding relationship of several years, you may qualify for a simultaneous grant of both the Subclass 820 and Subclass 801 at the same time. Our lawyers can assess whether you meet the criteria and prepare the necessary request.

As a Subclass 820 visa holder, you can:

• Work without restriction, with full minimum wage protections under Australian law
• Study without restriction
• Travel in and out of Australia freely
• Access Medicare

As a Subclass 801 permanent visa holder, you can also:

• Enjoy full access to Medicare
• Pay domestic student fees at Australian universities and educational institutions
• Apply for Australian citizenship after meeting the residency requirements
• Sponsor eligible family members to come to Australia

Partner visa applications require substantial evidence that your relationship is genuine and continuing. The Department of Home Affairs assesses applications based on the history of your relationship, your cohabitation, the nature of your shared household, and your joint financial responsibilities.

Key documents typically include:

• Passport and national identity documents
• Birth certificate
• Marriage certificate (if applicable)
• Proof of name change (if applicable)
• Divorce or dissolution certificate (if applicable)
• Police clearance certificates
• Evidence of your relationship (financial, social, household, and commitment evidence)
• Statutory declarations from friends and family

Incomplete or poorly prepared applications are a leading cause of unnecessary delays and refusals. KJV Lawyers works with you to ensure your application is thorough, well-organised, and decision-ready from the outset.

Partner visa processing times vary depending on your individual circumstances, the quality of your application, and the Department's caseload. As a general guide:

• Most standard applications: 12 to 20 months
• Approximately 50% of applications are finalised within 18 months
• Complex cases: 24 to 32 months

Delays are often caused by incomplete documentation, outstanding health assessments, or additional requests from the Department. At KJV Lawyers, we focus on preparing comprehensive applications that minimise the risk of avoidable delays.

For the most current processing times, refer to the Department of Home Affairs website.

Department of Home Affairs application fee:The current base application charge is $9,365, payable in full at the time of lodgement. The Department does not accept split payments. Accepted payment methods include debit/credit card, PayPal, UnionPay, and BPAY. This fee is set by the Department and is subject to change.

KJV Lawyers professional fees:Our fees are quoted on a fixed-fee basis, tailored to the complexity of your application. We offer payment plans where appropriate. Contact us to book a consultation and receive a personalised quote.

Once you hold the Subclass 801 permanent visa, you may choose to apply for Australian citizenship after meeting the general residency requirements. The benefits of citizenship include:

• Consular support and assistance when overseas
• Visa-free or visa-on-arrival access to over 100 countries on an Australian passport
• Eligibility for Australian government employment
• Freedom from ongoing visa compliance obligations

If you prefer to remain a permanent resident, your Subclass 801 visa includes a 5-year travel facility. After this period, you may need to apply for a Resident Return Visa (Subclass 155) to continue travelling internationally. KJV Lawyers can assist with both citizenship and Resident Return Visa applications.

Partner visa applications are complex, and each year a significant number are refused — often due to insufficient relationship evidence or poorly prepared submissions. At KJV Lawyers, we are committed to giving your application the best possible chance of success.

Our services include:

• A thorough initial consultation to assess your eligibility and advise on strategy
• Preparation of detailed written submissions tailored to your circumstances
• Guidance on gathering and presenting the strongest possible evidence
• Lodgement of your complete application with the Department of Home Affairs
• Ongoing communication and updates throughout the process
• Assistance with any additional requests from the Department
• Support through to the permanent stage and beyond

As qualified Australian lawyers, we practise in accordance with the Migration Act 1958 and our professional obligations. We cannot guarantee visa outcomes — the final decision rests with the Department of Home Affairs — but we are dedicated to putting the strongest possible case forward on your behalf.

1. ConsultationBook a consultation with one of our lawyers — in person, by phone, or via video call. We will assess your circumstances and provide clear, practical advice on your options.

2. PreparationWe prepare a comprehensive application, including written submissions and a thorough review of your supporting evidence.

3. LodgementWe submit your application to the Department of Home Affairs and keep you informed of its progress.

4. Ongoing SupportWe respond to any requests from the Department on your behalf and notify you promptly of the outcome. If further steps are required, we will guide you through them.

Book a consultation with KJV Lawyers today.