Subclass 820 Visa Lawyer: Onshore Partner Visa Help

Written by
Weiwei Zhang, Principal Lawyer at My Migration Lawyers
Weiwei Zhang
Principal Lawyer
Published
October 14, 2026
37 min read
Reading Time
37 min read
Table Of Contents

Key Takeaways

  • An 820 visa lawyer assesses whether you can validly lodge the onshore partner visa, prepares and lodges the combined Subclass 820 and Subclass 801 application, manages bridging visa consequences and Department correspondence, and acts on review if the visa is refused.
  • Timing is the most common problem in onshore partner visas. Condition 8503, Schedule 3 and the section 48 bar are checked before anything is lodged, because a late or invalid application can cost the applicant their lawful status.
  • A person without a substantive visa must usually apply within 28 days after their last substantive visa ended, or show compelling reasons for the Department not to apply Schedule 3 criteria 3001, 3003 and 3004.
  • The sponsorship must be approved by the time of decision, so the sponsor's history, previous sponsorships and police checks are assessed at the start, not after a request arrives.
  • If a Subclass 820 visa is refused, the applicant applies to the Administrative Review Tribunal within 28 days after notification (7 days in immigration detention), and that time cannot be extended.

An 820 visa lawyer helps couples who are already in Australia lodge the onshore partner visa, which is the temporary Subclass 820 visa followed by the permanent Subclass 801 visa. If you are searching for an 820 visa lawyer, the most useful thing to know is that most onshore partner visa problems are not about whether the relationship is genuine. They are about timing, visa conditions and immigration history.

An experienced 820 visa lawyer looks first at your current visa, its expiry date, any condition 8503, any past refusal or cancellation, and whether you hold a substantive visa at all. Those facts decide whether a valid application can be made, whether Schedule 3 applies, and what bridging visa you will be left on. Only then does the work turn to relationship evidence, the sponsor and lodgement.

This article explains what My Migration Lawyers and its Principal, Weiwei Zhang, do on Subclass 820 matters, what you should expect from an 820 visa lawyer, and when to get advice. It is not a general guide to partner visa law. For the law itself, read the complete guide to partner visas in Australia, the Subclass 820 partner visa guide and the firm's Subclass 820 visa service page.

What does an 820 visa lawyer do on a Subclass 820 application?

An 820 visa lawyer assesses eligibility and validity, plans the timing of lodgement, prepares the evidence and the forms, lodges the combined Subclass 820 and Subclass 801 application, manages bridging visa issues, responds to the Department of Home Affairs, and acts on review if the visa is refused.

At My Migration Lawyers, a Subclass 820 matter usually moves through these stages:

  • Assessment. The firm reviews the applicant's visa history, current visa and conditions, the sponsor's status and history, and the relationship timeline. This is where an 820 visa lawyer identifies condition 8503, Schedule 3, section 48 and sponsorship limitation issues.
  • Strategy. The firm decides whether to lodge now, whether a waiver or a different pathway is needed first, and whether an offshore Subclass 309 application would be safer. The onshore versus offshore partner visa comparison explains why this matters.
  • Evidence. The firm prepares relationship statements, Form 888 supporting statements and documents across the four assessed aspects of the relationship: financial, household, social and commitment.
  • Lodgement. The firm lodges the online application and sponsorship, pays the Department charge from the client's funds, and checks the acknowledgement and bridging visa grant.
  • Department correspondence. The firm responds to section 56 requests and section 57 letters, arranges health and police checks and reports changes in circumstances.
  • Second stage. The firm prepares the Subclass 801 permanent stage.
  • Review. If the visa is refused, the firm advises on review by the Administrative Review Tribunal.

A broader explanation of how partner visa lawyers work is in the article on what a partner visa lawyer does and the short answer on what a good partner visa lawyer does.

Why lawyer-intent matters for onshore applicants

Most people who search for an 820 visa lawyer already know the basic requirements. They are looking for help because something about their situation is not straightforward. Their visa may expire next week. Their visitor visa may carry condition 8503. They may have overstayed, or had a student visa refused. Their partner may have sponsored before. A Subclass 820 visa lawyer is valuable in exactly those cases, because the onshore pathway has strict validity and timing rules that an offshore applicant does not face.

When should you speak to an 820 visa lawyer?

You should speak to an 820 visa lawyer before your current visa expires, and ideally several weeks before. The safest time to lodge a Subclass 820 application is while you still hold a substantive visa that does not carry a no further stay condition.

Holding a substantive visa at lodgement matters for three reasons. First, the Schedule 3 criteria do not apply. Second, the applicant is usually granted a Bridging visa A, which comes into effect when the current visa ends. Third, section 48 cannot apply to a person who holds a substantive visa. The article on lodging a partner visa before your visa expires explains the timing in more detail.

When a client contacts My Migration Lawyers, the 820 visa lawyer first works out the real deadline. That is not always the expiry date printed on the grant notice. A visa can end earlier because of cancellation, because a further application was refused, or because a bridging visa ceases after a decision. VEVO and the Department grant letters are checked directly.

What if my visa expires in a few days?

A short deadline does not mean the application cannot be lodged. It means the work must be ordered correctly. An 820 visa lawyer can lodge a complete, valid application with core identity, relationship and sponsor documents, and then upload further evidence after lodgement. The page on urgent partner visa lodgement explains how the firm handles applications where the visa is about to expire, and the short answer on what to do if your visa expires next week sets out the first steps.

Rushing is still risky. The most damaging mistakes in urgent onshore applications are lodging when condition 8503 has not been waived, lodging on the wrong subclass, and failing to pay the charge correctly. Each can make the application invalid. The article on invalid partner visa applications explains what happens then.

Condition 8503: the first thing an 820 visa lawyer checks

Condition 8503 must be waived before a Subclass 820 application can be validly made. A visa holder with condition 8503 cannot validly apply for another substantive visa in Australia, other than a protection visa, until the condition has been waived.

Condition 8503 says the holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa, while the holder remains in Australia. It is often called the "no further stay" condition. It is common on visitor visas, and it is mandatory for some visitor visa streams, including the sponsored family stream. The related "no further application" conditions are 8534, 8535 and 8540.

An 820 visa lawyer checks the grant notice and VEVO for these conditions at the first consultation. If the condition is present, the firm prepares a waiver request using Form 1447 before any partner visa is lodged. The Department may waive the condition only in limited circumstances, broadly where compelling or compassionate circumstances have developed since the visa was granted, over which the person had no control, and which have resulted in a major change to their circumstances. A new relationship alone is not usually enough. The articles on the partner visa 8503 waiver and on Subclass 820 and condition 8503 explain the test in detail.

Three points about 8503 most applicants miss

  • A waiver request does not keep you lawful. The Department's Form 1447 states that a waiver request does not mean you can lawfully remain in Australia while it is decided. If the visa expires first, the person becomes unlawful.
  • The waiver decision cannot be reviewed by the Tribunal. A decision not to waive is not merits reviewable under section 338 of the Migration Act 1958. A new request must show substantially different circumstances.
  • The application date is the waiver date. If a partner visa is submitted at the same time as the waiver request, Department policy is that the application cannot be accepted until the condition is waived.

This is why a Subclass 820 visa lawyer plans the waiver and the partner visa together. If there is not enough time for a waiver before the visa expires, the firm considers the alternatives, which may include an offshore application. The short answers on condition 8503 and partner visas and on hiring a lawyer for a no further stay problem are good starting points, and the article on partner visa no further stay covers related questions.

Subclass 820 without a substantive visa: Schedule 3 and the 28-day rule

A person who does not hold a substantive visa when they apply for a Subclass 820 visa must meet Schedule 3 criteria 3001, 3003 and 3004, unless the Department is satisfied there are compelling reasons for not applying those criteria. This is paragraph 820.211(2)(d) of the Migration Regulations 1994.

A substantive visa is any visa other than a bridging visa, a criminal justice visa or an enforcement visa. That definition catches people many applicants do not expect. A person on a Bridging visa A from an earlier student or skilled application does not hold a substantive visa, so Schedule 3 applies to them too. An 820 visa lawyer checks when the applicant last held a substantive visa, because that is the date that controls the Schedule 3 assessment.

The 28-day rule in criterion 3001

Criterion 3001 requires the application to be made within 28 days after the applicant last held a substantive visa. Department policy counts the first of the 28 days as the day after the last day the visa was held. The application must be lodged by midnight on the 28th day. If the 28th day is a weekend, public holiday or bank holiday in a place in Australia where the application could have been made, the application can be lodged on the next working day.

If the application is made within that window, criterion 3001 is met and criteria 3003 and 3004 are usually the only remaining Schedule 3 questions. If the window has passed, the applicant needs a waiver based on compelling reasons. The firm's page on Schedule 3 waivers and the article on partner visa Schedule 3 criteria explain the structure.

What counts as compelling reasons

Department policy says that, as a general rule, a genuine relationship and the hardship of separation are not compelling reasons to waive Schedule 3, because every partner visa rests on a genuine relationship. Policy accepts that compelling reasons may exist where circumstances beyond the applicant's control caused them to become unlawful or stopped them becoming lawful. It also says a waiver may be granted in the best interests of an Australian citizen child with a demonstrable link to the applicant.

Policy lists factors including the applicant's history of compliance with visa conditions, how long they have been unlawful, why they became unlawful, why they did not seek to become lawful sooner, current family composition including dependent children, and what steps they have taken to become lawful other than the partner visa application.

That is why a Schedule 3 case needs more than relationship evidence. An 820 visa lawyer builds a written submission on the specific compelling reasons, supported by medical evidence, evidence about children, evidence of the sponsor's circumstances and a clear account of the applicant's immigration history. The articles on Schedule 3 waiver submissions, compelling reasons involving children and Schedule 3 for overstayers show what that evidence looks like.

Schedule 3 cases the Tribunal has sent back

Published Tribunal decisions include Subclass 820 matters where the Tribunal remitted the application to the Department on Schedule 3 grounds. In Bedi (Migration) [2020] AATA 5208, the recorded issues were an application made more than 28 days after the last substantive visa, compelling reasons for not applying the criteria and an Australian citizen child of the relationship. In Naidu (Migration) [2023] AATA 1830, the recorded issues were compelling reasons to waive Schedule 3, a child born of the relationship and a long-standing relationship. In Sandhu (Migration) [2018] AATA 1483, the recorded issues were the length of the relationship and the difficulty of relocating offshore while the application was processed. Each case turned on its own evidence, and a remittal is not a grant. They show the kinds of facts a Subclass 820 visa lawyer puts before a decision maker.

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Section 48 bar: can you still apply for a Subclass 820 visa after a refusal?

Yes. A person who is subject to the section 48 bar can still apply for the Subclass 820 and Subclass 801 visas in Australia, because those visas are prescribed for section 48 purposes in regulation 2.12. There are extra validity requirements, and an 820 visa lawyer must meet every one of them at the moment of lodgement.

Section 48 of the Migration Act 1958 applies to a person in the migration zone who does not hold a substantive visa and who has had a visa refused or cancelled since they last entered Australia. It limits the visas that person can apply for while they remain in Australia. It commonly affects people whose student visa, visitor visa, skilled visa or protection visa was refused, and who are now on a bridging visa or are unlawful. The article on the partner visa section 48 bar explains the bar, and the short answer on section 48 and partner visas sets out who it affects.

The extra requirements for section 48 applicants

Department policy on the Subclass 801 visa explains that an applicant subject to section 48 must provide, at the same time and place as making the application:

  • the sponsorship form, Form 40SP (the online Sponsorship for a Partner to Migrate to Australia), completed and signed by the Australian partner; and
  • two statutory declarations, each made by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is not the partner, each declaring that the applicant and the partner are in a married or de facto relationship, and each made no more than 6 weeks before the application.

These are validity requirements. If any one of them is missing, the application is not valid, and the applicant is left without a pending application or a bridging visa from it. A Subclass 820 visa lawyer prepares and checks these documents before lodgement, including the dates of the declarations. The short answer on hiring a lawyer for a section 48 bar explains why this work is usually done by a lawyer.

The 21-day rule after a partner visa refusal

A person who already holds a Subclass 820 or Subclass 309 visa cannot validly lodge a new partner visa application in Australia if a partner visa was refused in the 21 days before the new application, unless they meet the section 48 requirements. The rule prevents serial applications. An 820 visa lawyer who takes over a matter after a refusal checks this period before advising on a fresh application or review. The article on a partner visa after a previous refusal and the short answer on whether to seek review or lodge a new application explain the choice.

Bridging visas A, B, C and E: what a Subclass 820 lodgement does to your status

The bridging visa an applicant receives after lodging a Subclass 820 application depends on their status at the time of lodgement. An 820 visa lawyer explains this before lodgement, because it affects work rights, travel and lawful status for the whole processing period.

  • Bridging visa A. An applicant who lodges while holding a substantive visa is usually granted a Bridging visa A. It comes into effect when the current substantive visa ends. Department policy notes that a legislative instrument allows Subclass 820 and Subclass 801 applicants eligible for a Bridging visa A or Bridging visa B to be granted that visa with nil conditions. The article on the Bridging visa A explains how it works.
  • Bridging visa B. A Bridging visa A does not allow travel. An applicant who needs to leave Australia and return applies for a Bridging visa B before travelling. The article on the partner visa Bridging visa B and the short answer on leaving Australia without a Bridging visa B explain the risk.
  • Bridging visa C. An applicant who does not hold a substantive visa when they lodge may be granted a Bridging visa C if they are eligible. It does not allow travel, and work rights depend on the conditions imposed and on whether the person can show a compelling need to work. The article on the partner visa Bridging visa C explains the conditions.
  • Bridging visa E. A person who is unlawful, or whose circumstances do not fit the other bridging visas, may need a Bridging visa E. The article on lodging a partner visa on a Bridging visa E explains the practical issues.

Before lodgement, an 820 visa lawyer tells the client which of these visas they should expect, and what they can and cannot do on it. The overview of bridging visas in Australia and the article on partner visa bridging visas give the wider picture. A Subclass 820 visa lawyer also checks that the bridging visa was actually granted after lodgement. The article on a partner visa bridging visa that was not granted explains what to do if it was not.

Evidence and lodgement: how an 820 visa lawyer builds the application

An 820 visa lawyer builds the application around the legal test for a spouse or de facto relationship and the four aspects the Department must assess: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. Evidence is organised so that a decision maker can see each aspect quickly.

An 820 visa lawyer does not simply collect documents. The aim is to present evidence that answers the questions a decision maker will ask. At My Migration Lawyers, the evidence stage usually includes:

  • One relationship statement from each partner. Each person writes one statement in their own words. The statements cover how the couple met, how the relationship developed, the living arrangements, finances, social life and future plans. The article on the partner visa relationship statement explains what a strong statement contains.
  • Form 888 supporting statements. Form 888 is a supporting statement by a witness who knows the couple. It is not a statutory declaration. The article on who can make a Form 888 and what it should say explains how witnesses should be chosen.
  • Documents across the four aspects. Joint finances, leases and bills, travel, photographs, messages and evidence of social recognition. The Subclass 820 evidence checklist and the article on how much partner visa evidence is enough explain the balance between volume and relevance.
  • Identity, character and health. Passports, birth certificates, police certificates and health examinations, plus Form 80 where the Department requests it.

De facto couples and the 12-month requirement

De facto applicants must usually show that the relationship existed for at least 12 months immediately before the application, unless an exception applies, such as a relationship registered under an Australian State or Territory law. An 820 visa lawyer checks the start date of the de facto relationship carefully, because lodging too early is a common reason for refusal. The article on the Subclass 820 de facto 12-month rule and the short answer on applying before 12 months as de facto partners explain the options.

The Department charge

There is no separate charge for the Subclass 820 visa. The combined Subclass 820 and Subclass 801 application carries one charge, which is the first instalment for the Subclass 801 visa and is paid when the application is lodged. As at October 2026, the Department lists a base application charge of AUD 11,710 for most applicants, with lower charges for some current and former Subclass 300 visa holders. Charges change, so the current figure is always checked on the Department's website before lodgement. The article on the Subclass 820 visa cost in 2026 gives the detail.

Lodgement and what happens next

My Migration Lawyers lodges Subclass 820 applications online through ImmiAccount, with the sponsorship lodged by the Australian partner. After lodgement, the firm checks the acknowledgement, the bridging visa grant and the request for health examinations, and uploads further evidence in an organised way. The articles on what happens after lodging a partner visa and on the Subclass 820 processing time explain the waiting period.

Sponsor issues an 820 visa lawyer must assess

An 820 visa lawyer assesses the sponsor at the same time as the applicant, because the Subclass 820 visa cannot be granted unless the sponsorship has been approved and is still in force at the time of decision. This is subclause 820.221(4).

The sponsor must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen who is the applicant's spouse or de facto partner. The article on partner visa sponsor eligibility explains these categories. Beyond eligibility, a Subclass 820 visa lawyer checks:

  • Sponsorship limitations. A sponsor who has sponsored partners before, or who was sponsored as a partner, may be limited under regulation 1.20J unless there are compelling circumstances. The firm's page on partner visa sponsorship limitations explains each limitation.
  • Relevant offences. Under regulation 1.20KC, the Department must refuse a sponsorship where the sponsor has been convicted of a relevant offence and has a significant criminal record for it, unless it is reasonable to approve the sponsorship. The article on partner visa sponsor relevant offences explains the list.
  • Police checks and consent to disclose. The sponsor may be asked for police checks, and must consent to the Department disclosing relevant offence convictions to the applicant. The article on the partner visa sponsor police check explains the process.
  • The sponsor's own visa history. A sponsor who was granted permanent residence through a partner visa within the last five years may be affected. The article on the partner visa sponsor's own visa history covers this.

Where a sponsor issue exists, a Subclass 820 visa lawyer prepares the compelling circumstances or reasonableness submission before the Department raises it. The articles on partner visa sponsorship assessment and the partner visa sponsor risk assessment explain how these cases are prepared.

Section 56 and section 57 requests on a Subclass 820 application

Most Subclass 820 applications receive at least one request from the Department. An 820 visa lawyer treats every request as an opportunity to fix a weakness before a decision is made, not as a routine upload task.

Responding well is one of the main reasons clients engage an 820 visa lawyer part way through processing. A section 56 request asks for further information or documents. It usually sets a deadline in the letter. The response should answer the exact request, completely and consistently with the rest of the application. The article on the partner visa section 56 request explains what these letters ask for, and the short answer on requesting more time to respond explains extensions.

A section 57 letter invites the applicant to comment on adverse information that the Department may rely on to refuse the visa. Information from an ex-partner, inconsistencies between interview answers, or concerns about a previous application are common examples. A section 57 letter is often the last chance to respond before a refusal. The article on the partner visa section 57 natural justice letter and the short answer on how to respond to a section 57 letter explain the stakes.

An 820 visa lawyer reviews the information relied on, gathers responsive evidence, prepares a structured written response and, where needed, obtains Department records through a freedom of information request. The article on the partner visa FOI request explains when that step is useful.

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The second stage: Subclass 801 permanent residence

The Subclass 801 visa is the permanent stage of the onshore partner visa. It is usually assessed about two years after the combined application was lodged, and the applicant must generally still be in the relationship with the sponsor at that time.

For an 820 visa lawyer, the permanent stage is part of the same matter, not a new one. The combined application already includes the Subclass 801 application, so there is no new application or charge at this stage. The Department contacts the applicant when it is ready to assess the permanent stage and asks for updated evidence, including updated police checks where required. An 820 visa lawyer prepares that evidence in the same structured way as the first stage, so that the permanent stage reads as a continuation of a genuine relationship. The article on the Subclass 820 to Subclass 801 pathway and the short answer on when to apply for the Subclass 801 visa explain the timing, and the article on partner visa second stage documents lists what is usually requested.

When the Subclass 801 visa can be granted earlier or without the relationship

There are exceptions to the requirement to wait or to remain in the relationship. A long-term relationship may allow the permanent visa to be considered with the temporary visa. Where the relationship has ended, the permanent stage may still be available if the sponsor has died, if there is a child of the relationship with custody or access arrangements, or if family violence has occurred. The firm's page on family violence partner visa matters explains that pathway, and the article on a Subclass 820 relationship breakdown explains the options after separation.

My Migration Lawyers acts on permanent stage matters for clients who lodged the first stage themselves or with another representative. The short answer on hiring a lawyer for the Subclass 801 permanent stage and the article on the partner visa second stage lawyer explain what the work involves.

Subclass 820 refusal and ART review: what an 820 visa lawyer does next

If a Subclass 820 visa is refused, the applicant can apply to the Administrative Review Tribunal for merits review. The application must be made within 28 days after the day the applicant is notified of the decision, or within 7 days if the applicant is in immigration detention. That time cannot be extended. For an onshore Subclass 820 refusal, the applicant applies in their own name.

As at October 2026, the Tribunal's application fee for a migration decision under Part 5 of the Migration Act 1958 is $3,580. A reduction to 50% of the fee ($1,790) can be requested where paying the full fee would cause or has caused financial hardship. Fees change, so the current fee is confirmed on the Tribunal's website when the application is made. The short answer on Tribunal review fee reductions explains the process.

When a refusal arrives, an 820 visa lawyer at My Migration Lawyers:

  • confirms the notification date and the review deadline, and lodges the review application on time;
  • reads the decision record to identify each criterion found not to be met;
  • advises whether review, a fresh application or another pathway gives the client the better position;
  • prepares new evidence and a written submission addressed to the actual reasons for refusal; and
  • prepares the applicant, the sponsor and witnesses for the Tribunal hearing.

The firm's page on partner visa refusals and the article on Subclass 820 visa refusals explain the common refusal grounds. The articles on the partner visa ART review process, the partner visa ART hearing and new evidence at Tribunal review explain the review stage. Where the deadline is close, the page on urgent ART visa refusal applications explains how the firm can lodge quickly.

Bridging visas during review

An applicant who held a Bridging visa A or Bridging visa B in association with the Subclass 820 application generally keeps that bridging visa while a valid review application is pending. If no review application is made within the deadline, the bridging visa ends. The article on bridging visas after a partner visa refusal explains how long it lasts.

Urgent Subclass 820 lodgements

Some Subclass 820 matters cannot wait for a normal preparation period. An 820 visa lawyer treats a matter as urgent when a deadline will change the client's legal position if it is missed.

The deadlines that matter most in onshore partner visas are:

  • The expiry of the current substantive visa. Lodging before expiry avoids Schedule 3 and usually gives the applicant a Bridging visa A.
  • The 28-day Schedule 3 window. Lodging within 28 days after the last substantive visa ended satisfies criterion 3001.
  • The Tribunal review deadline. Missing it ends the review right and, usually, the bridging visa.
  • A visa cancellation or departure notice. A person facing cancellation or removal needs immediate advice. The firm's page on visa cancellations explains that work.

In an urgent matter, the first job of an 820 visa lawyer is to confirm that the application can be validly made at all. For these matters, My Migration Lawyers can lodge a valid application quickly, then complete the evidence after lodgement. The urgent visa lodgements page explains the firm's urgent work across visa types, and the article on urgent immigration lawyer advice explains what to send first.

Common urgent scenarios

A typical urgent onshore scenario is a couple where the applicant's student visa ends in a few days, the relationship is genuine, and there is no condition 8503. The task for the 820 visa lawyer is to check validity, prepare the core documents and lodge before expiry. A harder scenario is an applicant whose visitor visa carries condition 8503 and expires soon. There may not be time for a waiver, and the 820 visa lawyer must give clear advice on the alternatives. Another is an applicant who overstayed some time ago and has a child with the sponsor. That case is a Schedule 3 case, and the evidence for compelling reasons matters more than speed. These examples are illustrative only. The articles on a partner visa while on a student visa, a partner visa while on a tourist visa and a partner visa after overstaying cover each situation.

What to look for when hiring an 820 visa lawyer

When hiring an 820 visa lawyer, look for someone who asks about your immigration history before talking about relationship evidence, explains validity and timing risks in writing, and gives a clear fixed scope of work before you engage.

Questions worth asking any Subclass 820 visa lawyer include:

  • Have you checked my VEVO record and grant notices for condition 8503 or other conditions?
  • Does Schedule 3 apply to me, and if so, what are my compelling reasons?
  • Am I affected by section 48, and what extra documents must be lodged at the same time?
  • Is my sponsor affected by a sponsorship limitation or a relevant offence?
  • What bridging visa will I hold, and can I work and travel on it?
  • Who will prepare my responses to section 56 requests and section 57 letters?
  • What happens if the application is refused?

The article on questions to ask a partner visa lawyer gives a longer list, and the article on partner visa lawyer red flags explains warning signs. No lawyer can guarantee a visa outcome, as the short answer on whether a lawyer can guarantee a partner visa explains.

Lawyers and registered migration agents

Both Australian legal practitioners and registered migration agents can prepare and lodge partner visa applications. A lawyer is regulated as a legal practitioner and can also act in court proceedings, such as judicial review after a Tribunal decision. The article on a migration agent or a lawyer for a partner visa explains the difference factually, and the firm's page on judicial review explains the court stage.

Taking over a Subclass 820 matter

Many clients contact an 820 visa lawyer after lodging the application themselves, or after their previous representative has stopped acting. My Migration Lawyers can take over a pending matter, review what has been lodged and identify gaps before the Department finds them. The short answer on a lawyer taking over a partner visa and the article on hiring a lawyer after lodging your own application explain how that works.

How My Migration Lawyers acts as your 820 visa lawyer

My Migration Lawyers acts as an 820 visa lawyer for couples across Australia who need to lodge, rescue or defend an onshore partner visa. The firm's work on Subclass 820 matters is led by its Principal, Weiwei Zhang, from the firm's office at Level 1, 60 Martin Place, Sydney NSW 2000, with consultations by video Australia-wide.

On a Subclass 820 matter, the firm:

  • checks the applicant's current visa, VEVO record, conditions and immigration history before any advice on lodgement;
  • identifies condition 8503, Schedule 3, section 48 and 21-day rule issues, and prepares waiver requests and compelling reasons submissions where needed;
  • assesses the sponsor's eligibility, previous sponsorships, police checks and any relevant offences;
  • prepares one relationship statement for each partner, Form 888 supporting statements and organised evidence across the four assessed aspects;
  • lodges the combined Subclass 820 and Subclass 801 application and checks that the right bridging visa has been granted;
  • responds to section 56 requests and section 57 letters, and reports changes of circumstances;
  • prepares the Subclass 801 permanent stage; and
  • advises on and acts in Administrative Review Tribunal review if the visa is refused.

The firm regularly deals with complex onshore cases, including Schedule 3 waivers, section 48 applicants, 8503 problems, sponsorship limitations and refused applications. It acts in many Subclass 820 matters and is capable of handling cases where the timing or the history is difficult. No firm can promise a result, but the right advice at the right time protects the applicant's lawful status and gives the application its best footing.

The firm works on fixed fees agreed before work begins. Clients in other cities can read about the firm's partner visa lawyers, including Sydney, Melbourne, Brisbane and Perth, or the short answer on help with a Subclass 820 and Subclass 801 partner visa.

If you need an 820 visa lawyer, contact My Migration Lawyers before your current visa expires or as soon as a request or refusal arrives. Book a Consultation with My Migration Lawyers, or call 1300 040 300.

Frequently Asked Questions

What does an 820 visa lawyer do?

An 820 visa lawyer assesses whether you can validly apply for the onshore partner visa, plans the timing of lodgement and prepares the combined Subclass 820 and Subclass 801 application. The work includes checking condition 8503, Schedule 3 and section 48, assessing the sponsor, preparing relationship statements and Form 888 supporting statements, and organising evidence across the four assessed aspects. After lodgement, the lawyer manages bridging visa issues, responds to section 56 requests and section 57 letters, prepares the permanent stage and advises on Tribunal review if the visa is refused.

When should I contact an 820 visa lawyer?

You should contact an 820 visa lawyer before your current visa expires, ideally several weeks before. Lodging while you hold a substantive visa without a no further stay condition means Schedule 3 does not apply and you will usually be granted a Bridging visa A. You should also get advice immediately if your visa has already expired, if you have had a visa refused or cancelled in Australia, if you receive a section 57 letter, or if your application has been refused.

Can I apply for a Subclass 820 visa if my visa has condition 8503?

No, not until the condition has been waived. A person whose visa has condition 8503 cannot validly apply for another substantive visa in Australia, other than a protection visa, until the condition is waived. A waiver request is made on Form 1447. It does not keep you lawful while it is decided, and a refusal to waive cannot be reviewed by the Tribunal. If there is not enough time before the visa expires, other options such as an offshore application may need to be considered.

Can I apply for a Subclass 820 visa if my visa has expired?

Yes, but Schedule 3 will apply. If you apply within 28 days after your last substantive visa ended, criterion 3001 is satisfied. If more than 28 days have passed, you must show compelling reasons for the Department not to apply Schedule 3 criteria 3001, 3003 and 3004. Department policy says a genuine relationship and the hardship of separation are generally not enough on their own. An Australian citizen child, serious illness or circumstances beyond your control may be relevant.

Does Schedule 3 apply if I am on a Bridging visa A?

Yes, if the Bridging visa A is the only visa you hold. A bridging visa is not a substantive visa, so an applicant who holds only a bridging visa from an earlier application does not hold a substantive visa when they lodge the Subclass 820 application. The Schedule 3 assessment then looks at when the applicant last held a substantive visa. This catches many people who believe they are lawful and therefore safe, and it is one of the first things an 820 visa lawyer checks.

Can I apply for a Subclass 820 visa after a visa refusal in Australia?

Yes. The Subclass 820 and Subclass 801 visas are prescribed for people subject to the section 48 bar. A section 48 applicant must lodge the sponsorship form signed by the Australian partner at the same time as the application, together with two statutory declarations from Australian citizens, permanent residents or eligible New Zealand citizens who are not the partner, made no more than 6 weeks before lodgement. If these are missing, the application is invalid.

What bridging visa will I get after lodging a Subclass 820 application?

It depends on your status when you lodge. If you hold a substantive visa, you will usually be granted a Bridging visa A, which comes into effect when your current visa ends. Department policy allows eligible Subclass 820 applicants to be granted a Bridging visa A or B with nil conditions. If you do not hold a substantive visa, you may be granted a Bridging visa C if eligible, or need a Bridging visa E. Travel requires a Bridging visa B granted before you leave.

How much does the Subclass 820 visa cost?

There is no separate charge for the Subclass 820 visa. The combined Subclass 820 and Subclass 801 application carries one Department charge, paid at lodgement. As at October 2026, the Department lists a base application charge of AUD 11,710 for most applicants, with lower charges for some current and former Subclass 300 visa holders. Health examinations, police certificates and translations are additional costs. Charges change, so the current amount should be checked on the Department's website before lodging.

Does my sponsor need to be assessed by an 820 visa lawyer too?

Yes. The Subclass 820 visa cannot be granted unless the sponsorship has been approved and is still in force at the time of decision. The sponsor's eligibility, previous partner sponsorships, own visa history, police checks and any relevant offence convictions all affect whether the sponsorship can be approved. Some limitations can be overcome with compelling circumstances or because approval is reasonable, but the evidence should be prepared early rather than after the Department raises the issue.

What is the difference between a section 56 request and a section 57 letter?

A section 56 request asks for further information or documents, such as updated evidence or police certificates. A section 57 letter invites you to comment on adverse information that the Department may rely on to refuse the visa, such as inconsistent interview answers or information from another person. A section 57 letter is often the last chance to respond before a decision. Both letters set deadlines, and both should be answered carefully and directly.

When is the Subclass 801 permanent stage assessed?

The Subclass 801 stage is usually assessed about two years after the combined application was lodged. No new application or charge is needed, because the permanent application was made at the same time as the temporary one. The Department asks for updated evidence that the relationship is continuing, and sometimes updated police checks. Exceptions apply in some long-term relationships, and where the relationship has ended because the sponsor died, there is a child of the relationship or family violence occurred.

Who applies for review if my Subclass 820 visa is refused?

The applicant applies. For an onshore Subclass 820 refusal, the visa applicant applies to the Administrative Review Tribunal in their own name. The application must be made within 28 days after the day the applicant is notified of the decision, or within 7 days if the applicant is in immigration detention, and the time cannot be extended. As at October 2026, the fee is $3,580, with a 50% reduction available on financial hardship grounds.

Can an 820 visa lawyer lodge my application urgently?

Yes, where the application can be validly made. An 820 visa lawyer can lodge a complete and valid application with core identity, relationship and sponsor documents before a visa expires, and then upload further evidence after lodgement. Urgency does not remove validity rules. Condition 8503 must already be waived, a section 48 applicant must lodge the sponsorship and two statutory declarations at the same time, and the correct charge must be paid. A rushed invalid application can leave the applicant without a bridging visa.

Can I keep working while my Subclass 820 application is processed?

Usually, yes. An applicant granted a Bridging visa A in association with a Subclass 820 application is usually granted it with nil conditions under a Department instrument, which means there is no work restriction. Once the Subclass 820 visa is granted, the holder can work and study in Australia. Work rights on a Bridging visa C or Bridging visa E depend on the conditions imposed and, in some cases, on showing a compelling need to work.

Can My Migration Lawyers take over a Subclass 820 application already lodged?

Yes. My Migration Lawyers can take over a pending Subclass 820 application lodged by the applicant or by another representative. The firm reviews the application, the evidence already provided and any Department correspondence, identifies gaps and risks, and lodges a Form 956 to become the authorised recipient. Taking over early is better than waiting for a section 57 letter or a refusal, because gaps can be addressed before a decision maker relies on them.

Is an 820 visa lawyer worth it if my relationship is genuine?

A genuine relationship is necessary, but it is not the only criterion. Many Subclass 820 refusals and invalid applications involve validity, timing, Schedule 3, section 48, sponsorship or evidence problems rather than doubts about the relationship. An 820 visa lawyer is most useful where the applicant's visa history is complicated, the current visa is about to expire, the sponsor has a history that needs assessment or the Department has raised concerns. A straightforward case still benefits from careful evidence organisation.

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Weiwei Zhang, Principal Lawyer at My Migration Lawyers
Weiwei Zhang
Principal Lawyer

Weiwei Zhang is the Principal Lawyer and Managing Director of My Migration Lawyers. My Migration Lawyers is one of Australia's leading immigration law firms, dedicated exclusively to Australian immigration law. The firm represents individuals, families and businesses across all areas of migration law, with particular expertise in complex immigration matters, Partner Visas, Protection Visas, corporate migration, visa refusals, Administrative Review Tribunal reviews, judicial reviews and visa cancellations.

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