Onshore Partner Visa Australia

An onshore partner visa allows the partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to apply for a partner visa while they are in Australia. Whether you can lodge an onshore partner visa depends less on your relationship than on the visa you hold today.

Many couples assume that being together in Australia is enough. It is not. It is lodged as one combined application for the temporary Subclass 820 visa and the permanent Subclass 801 visa. Before that application is valid, the law asks where the applicant is, what visa they hold, what conditions are attached to it, and what has happened in their immigration history in Australia. A visitor visa with condition 8503, an expired student visa, a recent refusal or a bridging visa can each change the answer.

This guide is organised by the applicant's current visa and immigration status. It explains who can apply for an onshore partner visa from a visitor visa, a student visa, a working holiday visa, a skilled or graduate visa, a Subclass 300 Prospective Marriage visa, a bridging visa, or no visa at all. It then explains what happens after lodgement, including bridging visas, work rights and travel, and how the application moves to the permanent stage. For a complete overview of every partner visa subclass, see our complete guide to partner visas in Australia.

Can you apply for an onshore partner visa from inside Australia?

Yes, you can apply for an onshore partner visa from inside Australia, and in fact you must be in Australia when the application is made. The Department of Home Affairs states that the applicant must be in Australia when they apply, along with any family members who apply with them, and that the applicant can be in or outside Australia when the temporary Subclass 820 visa is decided.

Being physically in Australia is necessary but not sufficient. Three further questions decide whether the application can be validly lodged:

• Does the applicant hold a substantive visa, such as a visitor, student, working holiday, skilled or graduate visa, or are they on a bridging visa or unlawful?
• Does the applicant's current or last visa carry a condition, such as condition 8503 (No Further Stay), that prevents a further visa application in Australia?
• Has the applicant had a visa refused or cancelled while in Australia, so that section 48 of the Migration Act 1958 limits which visas can be applied for onshore?

If the answer to each question is favourable, the application can usually be lodged in ImmiAccount without a preliminary step. If any answer is unfavourable, the application may still be possible, but it needs a waiver, a compelling reasons case, or a different pathway such as the offshore Subclass 309 visa. The rest of this guide works through each situation in turn.

How the onshore partner visa works: Subclass 820 and Subclass 801

The onshore partner visa is a two-stage visa lodged as a single combined application. The Subclass 820 visa is the temporary stage. The Subclass 801 visa is the permanent stage. The applicant lodges once, and the Department assesses the Subclass 820 visa first and the Subclass 801 visa later.

According to the Department, the applicant must be in a genuine relationship with a spouse or de facto partner who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen, and that partner must sponsor them. Once granted, the Subclass 820 visa allows the holder to stay in Australia until the permanent Subclass 801 visa is finalised, to live, work and study in Australia, to travel in and out of Australia as many times as they want, and to apply for Medicare.

The relationship requirements in brief

The visa is available to married couples and de facto couples. A marriage must be valid and recognised in Australia. A de facto relationship generally requires the couple to have lived together or been in the relationship for 12 months before the application, unless the relationship is registered in an Australian state or territory or compelling and compassionate circumstances apply. Our guide to the de facto partner visa and the 12-month rule explains those exceptions, and our article on whether you really need 12 months of de facto relationship answers the most common question on that point.

Same-sex couples are assessed on the same terms as all other couples. Our page on the LGBTI partner visa covers the issues that sometimes arise in those applications.

The Department assesses whether the relationship is genuine and continuing by reference to four aspects: the financial aspects of the relationship, the nature of the household, the social aspects of the relationship, and the nature of the commitment. Evidence across all four matters, and our guide to partner visa relationship evidence explains what the Department looks for in each.

The sponsor

The Australian partner sponsors the applicant. The sponsorship is completed online in ImmiAccount as part of the process. Sponsorship limitations apply: a sponsor generally cannot sponsor more than two partners in their lifetime, or sponsor a partner within five years of a previous partner sponsorship, unless compelling circumstances exist. Our page on partner visa sponsorship limitations and our article on when a sponsor cannot sponsor a partner visa explain how those rules operate.

None of these relationship and sponsor rules depend on the applicant's current visa. That is why this guide does not repeat them in detail. For the full list of requirements, see our Subclass 820 partner visa guide and our explainer on the Subclass 820 visa. The question this guide answers is different: given the visa the applicant holds today, can they lodge an onshore partner visa at all?

Why your current visa decides whether you can lodge an onshore partner visa

Your current visa decides whether you can lodge an onshore partner visa because the Migration Regulations 1994 attach different validity and eligibility rules to applicants depending on their status at the time of application. Two applicants in identical relationships can face completely different positions because one holds a student visa and the other holds a visitor visa with condition 8503.

Substantive visas and bridging visas

A substantive visa is a visa other than a bridging visa, a criminal justice visa or an enforcement visa. Visitor, student, working holiday, skilled, graduate and employer-sponsored visas are all substantive visas. A bridging visa is not.

This distinction matters in two ways. First, an applicant who holds a substantive visa at the time of lodgement is generally granted a Bridging Visa A with the application, which keeps them lawful once their substantive visa expires. Second, an applicant who does not hold a substantive visa at the time of lodgement must meet the Schedule 3 criteria unless they are waived. Our article on bridging visas in Australia explains the different bridging visa types.

Visa conditions that stop a further application

Some visas carry a condition that prevents the holder from being granted, or in practice from applying for, most other visas while in Australia. The best known is condition 8503 (No Further Stay). Other no further stay conditions, such as 8534 and 8535, can have a similar effect. These conditions are printed on the visa grant notice and are shown in the Visa Entitlement Verification Online (VEVO) record.

Where condition 8503 applies, an onshore partner visa application is generally not valid unless the condition has been waived before lodgement. This is one of the most frequent and most avoidable problems in partner visa matters, and it is addressed in detail in the visitor visa section below.

Immigration history in Australia

The applicant's history matters as well as their current visa. A previous refusal or cancellation while in Australia, a period of unlawful stay, or a breach of visa conditions can each affect whether the visa is available and how it is assessed. Before any onshore partner visa is lodged, My Migration Lawyers reviews the full visa history, not only the current visa.

Where our onshore partner visa clients are located

My Migration Lawyers acts for onshore partner visa applicants throughout Australia, and every consultation is conducted by video. Couples in New South Wales can read about our partner visa lawyers in Sydney and our partner visa lawyers in Parramatta. Couples in Victoria and Queensland can read about our partner visa lawyers in Melbourne, Brisbane and the Gold Coast. We also act for couples through our partner visa lawyers in Perth, Adelaide, Canberra and Hobart. The location of the couple within Australia does not change the rules. The applicant's visa status does.

Applying for an onshore partner visa from a visitor visa

Yes, a visitor visa holder can apply for an onshore partner visa, provided the visitor visa does not carry condition 8503 or that condition has been waived. Many couples meet, or decide to marry, while the applicant is visiting Australia, and the visitor visa is one of the most common starting points for an application in Australia. It is also the starting point where the most mistakes are made.

Our article on moving from a tourist visa to a partner visa in Australia sets out the checks a visitor should make before applying. This section focuses on how the visitor visa affects the validity and assessment of the partner visa application.

Visitor visas with condition 8503 (No Further Stay)

Condition 8503 states that the holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa, while in Australia. It is commonly imposed on visitor visas, particularly where the Department wanted assurance that the visit would be temporary. If the applicant's visitor visa carries condition 8503, an onshore partner visa application lodged without a waiver is generally invalid.

An invalid application has serious consequences. It does not attract a Bridging Visa A, so it does not keep the applicant lawful once the visitor visa expires. The application charge may be lost or require a refund request. Time is lost, and an applicant who believed they were protected may become unlawful without knowing it. Our article on whether you can apply for a Subclass 820 visa with condition 8503 explains the condition and the waiver in detail.

Requesting a waiver of condition 8503

A waiver of condition 8503 is available only in limited circumstances. In general terms, the Department must be satisfied that, since the visa was granted, compelling and compassionate circumstances have developed over which the visa holder had no control and which have resulted in a major change to their circumstances. The waiver must be granted before the partner visa is lodged.

Falling in love or deciding to marry during the visit is not, by itself, usually accepted as a circumstance beyond the applicant's control. Waiver requests are therefore decided on their specific facts. Where a waiver is refused, the couple usually needs to consider the offshore Subclass 309 pathway, or a Subclass 300 Prospective Marriage visa if they are engaged and not yet married. Our guide to which partner visa pathway fits compares those options.

Visitor visas without condition 8503

If the visitor visa does not carry condition 8503, the applicant can generally lodge an onshore partner visa while the visitor visa is in effect. A Bridging Visa A is usually granted with the application and comes into effect when the visitor visa ends. The applicant should lodge before the visitor visa expires. Lodging after the visitor visa has expired means the applicant no longer holds a substantive visa, and the Schedule 3 criteria then apply.

Honesty in the visitor visa application

The Department can compare what the applicant said in the visitor visa application with what they say in the onshore partner visa application. Statements about the purpose of the visit, marital status, employment and intention to return home are all on the record. An inconsistency is not automatically fatal, but an incorrect statement can raise questions under the public interest criteria about false or misleading information.

In TRUONG (Migration) [2024] AATA 680, the Tribunal dealt with a Subclass 820 matter involving false or misleading information in a material particular, a previous visitor visa application and the applicant's marital status, in circumstances where the parties were said to be separated but still living together. The decision illustrates that a visitor visa application can become relevant evidence in a later partner visa assessment. Where the visitor visa application contains an error, it should be identified and addressed before the partner visa is lodged, not discovered by the Department afterwards.

When the visitor visa is close to expiry

Visitors often seek advice in the last days of their visa. In that situation, the priority is to confirm whether condition 8503 applies, whether the relationship evidence is sufficient to lodge, and whether the application can be validly lodged before the visitor visa ends. Lodging a valid onshore partner visa while the visitor visa is still in effect is generally far better than lodging after it expires. Our guide to urgent immigration lawyer advice explains what to have ready for an urgent consultation.

Applying for an onshore partner visa from a student visa

Yes, a student visa holder can generally apply for an onshore partner visa while the student visa is in effect, unless the student visa carries a no further stay condition that has not been waived. Students frequently apply, because many couples meet while one partner is studying in Australia.

Student visa conditions continue after lodgement

Lodging a partner visa does not cancel or replace the student visa. The student visa remains in effect until it expires or is cancelled, and its conditions continue to apply in the meantime. That includes conditions about course enrolment, attendance, academic progress and work limitations. The Bridging Visa A granted with the partner visa application generally does not come into effect until the student visa ends.

This catches out many students. A student who stops attending classes after lodging a partner visa, on the assumption that the partner visa now protects them, may breach a condition of the student visa. A breach can lead to cancellation of the student visa, and a cancellation in Australia can then bring section 48 and other consequences into play. The safer course is to keep complying with every student visa condition until the student visa ends, or to obtain advice before changing study arrangements.

Student visas with no further stay conditions

Some student visas carry condition 8534 or condition 8535. These are no further stay conditions that can restrict the visas a student can be granted while in Australia. A student who holds one of these conditions should not assume a partner visa application is available without first checking the precise condition, its effect and whether a waiver may be available in limited circumstances. The grant notice and VEVO record show which conditions apply.

Dependants on a student visa

Where a student's dependants are in Australia, they may be included in the application if they meet the requirements for inclusion and are in Australia at lodgement. Each family member's own visa and conditions also need to be checked, because a dependant may hold a different visa with different conditions.

Applying for an onshore partner visa from a working holiday visa

Yes, a working holiday visa holder can generally apply for an onshore partner visa while the working holiday visa is in effect. Working holiday makers frequently form relationships in Australia, and the working holiday visa is usually a straightforward starting point, provided the de facto or marriage requirements are met.

The working holiday visa's own conditions, including its work limitations, continue to apply until the working holiday visa ends. The Bridging Visa A from the partner visa application then takes over. Working holiday makers sometimes lodge late, after their working holiday visa has expired, because they were waiting to reach 12 months of de facto relationship. That can leave them without a substantive visa at lodgement and expose them to Schedule 3. The timing should be planned before the working holiday visa ends, and the relationship evidence checklist should be worked through well in advance.

Applying for an onshore partner visa from a skilled, graduate or employer-sponsored visa

Yes, the holder of a skilled, temporary graduate or employer-sponsored visa can generally apply for an onshore partner visa while that visa is in effect. Many applicants on these visas choose the partner visa pathway because it can lead to permanent residence without depending on an employer or a skills assessment.

Temporary graduate and skilled visas

A temporary graduate or temporary skilled visa holder who is in a genuine relationship with an eligible sponsor can usually lodge without any preliminary step, as long as no condition such as 8503 applies. The Bridging Visa A comes into effect when the current visa ends. The applicant should check whether any condition on the current visa continues to restrict work until then.

Employer-sponsored visas and the end of employment

Employer-sponsored visa holders face a particular risk. If the employment ends, the employer-sponsored visa may become liable to cancellation. A cancellation affects the applicant's status in Australia and can trigger section 48, which is discussed below. Where an employer-sponsored visa holder is considering a partner visa and their employment is uncertain, the order and timing of steps matter. Advice should be obtained before resigning or before the employer notifies the Department that the employment has ended. Our page on visa cancellations explains how cancellation works.

Holding a permanent visa application at the same time

Some applicants already have another visa application pending, such as a skilled or employer-sponsored permanent application, when they decide to lodge a partner visa. Holding two applications at the same time is generally possible, but each application has its own bridging visa and its own consequences. The Form 1022 change of circumstances obligation applies to each application, and the Department should be kept informed of the relationship in both.

Applying for an onshore partner visa after a Subclass 300 Prospective Marriage visa

Yes, a Subclass 300 Prospective Marriage visa holder who marries their sponsor in Australia within the visa period can then apply for an onshore partner visa. This is the designed pathway for the Subclass 300 visa: the applicant is granted the Prospective Marriage visa outside Australia, travels to Australia, marries the sponsor within the visa period, and then lodges the combined Subclass 820 and Subclass 801 application in Australia.

The Department applies a reduced application charge to Subclass 300 holders who lodge the combined Subclass 820 and Subclass 801 application. The applicant must marry the person who sponsored the Subclass 300 visa, and the application must be lodged while the Subclass 300 visa is still in effect. If the planned wedding does not take place, or does not take place within the visa period, the position changes significantly and advice should be obtained before the Subclass 300 visa ends.

The Subclass 300 visa does not generally carry condition 8503 for the purpose of preventing the next application, because the onshore partner visa is the intended next step. Our Subclass 300 visa page explains the Prospective Marriage visa, and our Subclass 820 vs Subclass 801 guide explains what happens after lodgement.

Applying for an onshore partner visa while on a bridging visa

Yes, it is possible to apply for an onshore partner visa while holding a bridging visa, but a bridging visa is not a substantive visa, so the Schedule 3 criteria generally apply unless they are waived. This is the point most often misunderstood by applicants who are already waiting on another application.

Bridging Visa A from another application

An applicant may already hold a Bridging Visa A because of a different pending application, such as a skilled visa, a student visa or a visitor visa application. If their substantive visa has expired and they are now relying on that Bridging Visa A, they are lawful, but they do not hold a substantive visa. An application lodged at that point is generally subject to the Schedule 3 criteria.

That does not mean the application will fail. It means the application must address Schedule 3 or the compelling reasons for not applying it. In some cases the better course is to lodge before the substantive visa expires, while the applicant still holds it. Our article on Bridging Visa A work rights, conditions and travel explains how the Bridging Visa A operates.

Bridging Visa C and Bridging Visa E

A Bridging Visa C is generally granted where a person applied for a visa while they did not hold a substantive visa but were not unlawful. A Bridging Visa E is generally granted to people who are unlawful, or who are on a bridging visa while making arrangements to leave or while a matter is resolved. Holders of either visa do not hold a substantive visa, so the Schedule 3 criteria generally apply to an onshore partner visa they lodge. A Bridging Visa E can also carry conditions that affect what the holder can apply for. The grant notice and VEVO record must be checked.

Bridging visas after a refusal

A person whose visa application was refused in Australia, and who is on a bridging visa while seeking review, faces both Schedule 3 and section 48. Both are explained below. Our page on visa refusals and our article on applying for a partner visa after a visa refusal explain the interaction between a refusal and a later onshore partner visa.

Applying for an onshore partner visa when your visa has expired

Yes, a person whose visa has expired, and who is therefore unlawful, can still apply for an onshore partner visa in many cases, but they must meet the Schedule 3 criteria 3001, 3003 and 3004 unless the Department is satisfied there are compelling reasons for not applying those criteria. This section explains what that means in practice.

What Schedule 3 is

Schedule 3 to the Migration Regulations 1994 contains additional criteria for applicants who are in Australia without a substantive visa. For the Subclass 820 visa, the relevant criteria are 3001, 3003 and 3004. In general terms:

• Criterion 3001 concerns the timing of the application, measured from when the applicant's last substantive visa ceased or when they last became unlawful.
• Criterion 3003 concerns matters such as whether the applicant entered Australia lawfully, whether they substantially complied with the conditions of their last substantive visa, and whether they would have been entitled to the visa had they applied when their last substantive visa ended.
• Criterion 3004 concerns applicants whose unlawful status arose from factors beyond their control, and whether there are compelling reasons for granting the visa.

Many applicants without a substantive visa cannot satisfy one or more of these criteria. That is why the waiver provision matters. Our pages on the Schedule 3 waiver and on the Schedule 3 criteria for partner visa applicants who are unlawful explain each criterion.

Compelling reasons for not applying Schedule 3

The Subclass 820 criteria allow the Department to decide not to apply the Schedule 3 criteria where it is satisfied that there are compelling reasons for not applying them. This is often described as a Schedule 3 waiver. The compelling reasons are assessed on the facts of each case. Factors commonly considered include the length and strength of the relationship, the presence of children, particularly Australian citizen children, the sponsor's health and circumstances, the hardship that separation would cause, and the practical difficulty of the applicant leaving Australia to apply offshore.

Two decisions from the Tribunal illustrate the kind of matters considered. In Sandhu (Migration) [2018] AATA 1483, a Subclass 820 matter, the issue was whether compelling reasons existed for not applying the Schedule 3 criteria, and the matters considered included the length of the relationship and the difficulty of relocating offshore while the application was processed. In Bedi (Migration) [2020] AATA 5208, also a Subclass 820 matter, the application was made outside the permitted period after the applicant's last substantive visa, and the Tribunal considered compelling reasons for not applying the criteria where there was an Australian citizen child of the relationship. Each of those matters was decided on its own facts. They show that a Schedule 3 case must be built on evidence of the specific circumstances, not on general statements.

Our article on the Schedule 3 partner visa waiver explains how the compelling reasons case is presented.

Should an unlawful applicant leave Australia instead?

An unlawful applicant who leaves Australia to apply for the offshore Subclass 309 visa avoids Schedule 3, but leaving can carry its own consequences for future visas, including exclusion periods in some circumstances. The choice between an onshore partner visa with a Schedule 3 case and an offshore application depends on the strength of the compelling reasons, the applicant's history and the couple's circumstances. It should be made with advice, before the applicant books a flight. An unlawful non-citizen should also seek advice promptly, because their position in Australia is not protected until a valid application is lodged and a bridging visa is granted.

Compliance and detention risk

A person who is unlawful in Australia is liable to be detained. That is a reason to act quickly, not a reason to avoid seeking advice. Where an onshore partner visa is appropriate, lodging a valid application generally allows a bridging visa to be considered. Where that pathway is not appropriate, the person needs advice on their other options without delay. Our article on getting a second opinion from an immigration lawyer may assist people who have already received conflicting advice.

Sponsors, family members and documents for an onshore partner visa

The application requires the same core documents whatever the applicant's current visa. These include identity documents, relationship evidence, the relationship statement, Form 888 supporting statements and, where requested, character and health documents. Our partner visa document checklist lists them. Our Subclass 820 onshore partner visa service page explains how My Migration Lawyers prepares the application.

The relationship statement and Form 888

There is one relationship statement, which is the applicant's and the sponsor's own account of the relationship: how they met, how the relationship developed, their living arrangements, and their plans for the future. The couple writes it in their own words, reviews it and corrects it, and My Migration Lawyers presents it in the form the law requires. Our guide to the partner visa relationship statement explains its structure. Form 888 is a supporting statement made by an Australian citizen or permanent resident who knows the couple. It is not a statutory declaration. Our articles on Form 888 for a partner visa and on Form 888 example answers and common mistakes explain who can make one and what it should say.

Character documents

The Department may request Form 80, the personal particulars form used for character assessment, and Form 1221, which seeks additional personal particulars. Requests generally come through a section 56 request for more information. Our guide to completing Form 80 without errors and our article on responding to a section 56 request explain those steps. For an onshore partner visa applicant with a complex visa history, the Form 80 travel and address history must match the immigration record exactly.

Applying for an onshore partner visa after a refusal or cancellation in Australia

An onshore partner visa may still be available after a visa refusal or cancellation in Australia, but section 48 of the Migration Act 1958 limits the visas a person can apply for onshore once a visa has been refused or cancelled while they are in Australia and they have not since been granted a substantive visa. The Migration Regulations 1994 prescribe the classes of visa that remain available despite section 48, and a partner visa is among the classes that may remain available in many cases. Whether it is available to a particular applicant depends on the facts and must be checked before lodgement.

Why section 48 matters for a partner visa

Section 48 is often called the section 48 bar. It applies to a person who is in the migration zone, who does not hold a substantive visa, and who has had a visa refused or cancelled since last entering Australia. It does not depend on whether the refused application was a partner visa. A refused student visa, a refused visitor visa extension or a refused skilled visa can each trigger it.

Where section 48 applies, a partner visa can be lodged only if the applicant fits within the prescribed circumstances for a partner visa. Where it does not fit, the application is invalid. An invalid application does not attract a bridging visa and does not protect the applicant. That is why a refusal history must be identified and analysed before lodgement.

Refusal, review and the onshore partner visa

A person whose visa was refused in Australia may be considering two steps at the same time: seeking review of the refusal at the Administrative Review Tribunal, and lodging an onshore partner visa. The two are not mutually exclusive, but they interact. The review deadline is short and strictly applied. The partner visa decision may depend on section 48 and Schedule 3. Our article on what to expect in an ART review after a visa refusal and our guide to visa appeal lawyers explain the review process.

Cancellations, including on character grounds

A visa cancellation in Australia has similar section 48 consequences. Cancellations on character grounds, however, can carry additional and stricter restrictions on further visa applications. An applicant whose visa was cancelled on character grounds should not lodge any partner visa without specific advice on their position.

When the previous refusal was a partner visa

Where the earlier refusal was itself a partner visa refusal, the question is usually whether to seek review of that refusal or to lodge a fresh application. The answer depends on why the application was refused, whether the reasons can be addressed with new evidence, and whether section 48 permits a new application. Our page on partner visa refusals, our article on partner visa refusal appeal options and our analysis of why Subclass 820 partner visas are refused explain the options. Our article on why partner visas get refused covers the issues the Department most often raises.

Being in Australia when you lodge an onshore partner visa

The applicant must be in Australia when the onshore partner visa is lodged, and any family members included in the application must also be in Australia at that time. This is a validity requirement. An application lodged while the applicant is overseas is not a valid application for the Subclass 820 visa.

The Department states that the applicant can be in or outside Australia when the temporary Subclass 820 visa is decided. That is a significant difference from the offshore Subclass 309 visa, where the applicant must be outside Australia at both lodgement and grant. It means an onshore partner visa applicant who has to travel during processing does not lose eligibility for the grant merely by being overseas at the time of the decision, although the travel itself must be lawful and properly arranged.

Lodging in ImmiAccount

The application is lodged online in ImmiAccount. The applicant's ImmiAccount and the sponsor's sponsorship are linked as part of the process. Our step-by-step guide on how to create an ImmiAccount explains the account set-up. Where My Migration Lawyers acts, the firm is appointed through Form 956, and our article on Form 956 and 956A explains how the appointment works.

What happens after you lodge an onshore partner visa

After a valid onshore partner visa is lodged, the applicant usually receives a bridging visa, and the Department processes the Subclass 820 stage. The type of bridging visa, the work rights it carries and whether the applicant can travel all depend on the applicant's status at the time of lodgement.

Bridging Visa A for applicants who held a substantive visa

An applicant who held a substantive visa when they lodged a valid onshore partner visa is generally granted a Bridging Visa A. The Bridging Visa A does not come into effect until the substantive visa ends. Once it is in effect, it allows the applicant to remain lawfully in Australia while the application is processed. Our article on working while waiting for a Subclass 820 visa explains the work rights attached to the Bridging Visa A in the partner visa context.

Bridging visas for applicants who did not hold a substantive visa

An applicant who lodged without a substantive visa may be granted a Bridging Visa C or a Bridging Visa E, depending on their circumstances. These bridging visas can carry more restrictive conditions, including restrictions on work. Permission to work may be available in some cases where the applicant can show a compelling need to work. The specific conditions are shown on the grant notice.

Travel while the onshore partner visa is pending

A Bridging Visa A does not allow the holder to return to Australia after travelling. An applicant who wants to travel while the onshore partner visa is pending generally needs to apply for and be granted a Bridging Visa B before leaving. If the applicant leaves Australia on a Bridging Visa A without a Bridging Visa B, the Bridging Visa A ceases, and the applicant needs another visa to return. The partner visa application itself continues, because the Subclass 820 visa can be granted in or outside Australia, but returning to Australia becomes a separate problem. Our guide to the Bridging Visa B explains how to apply for one.

Applicants on a Bridging Visa C or a Bridging Visa E are in a different position. Travel on those bridging visas can have serious consequences, and advice should be obtained before any travel is planned.

Requests for information and changes in circumstances

During processing, the Department may issue a section 56 request for more information, ask for health examinations, police certificates or biometrics, or request Form 80 and Form 1221. Every change in circumstances, such as a new address, a new passport or a change in the relationship, must be notified, generally through Form 1022. Where the Department proposes to refuse the application on adverse information, it may issue a natural justice letter, and our article on responding to a section 57 natural justice letter explains how to respond.

Processing

The Department publishes processing times for the Subclass 820 stage in its processing time guide tool, and those times change. Our article on Subclass 820 processing times and our article on how long the onshore Partner Visa 820 takes explain what affects the time a particular application takes. An application that is complete and consistent when lodged is generally easier for the Department to decide.

If the relationship ends while the onshore partner visa is processed

If the relationship ends before the onshore partner visa is decided, the Department must be told, and the application will generally be refused unless a special provision applies. The special provisions include family violence committed by the sponsor, the death of the sponsor, and situations involving a child of the relationship. Each provision has its own evidence requirements.

Family violence is the provision most often relied on. An applicant whose relationship ended because of family violence by the sponsor may still be able to obtain the visa, provided the relationship was genuine and continuing before it ended and the family violence is established in the way the law requires. Our page on the family violence provisions for partner visas explains those requirements, and our article on what happens to a Subclass 820 application if the relationship breaks down explains the general position.

A relationship breakdown can also affect the applicant's bridging visa and their ability to remain in Australia. The applicant should obtain advice promptly, because the time to put forward a family violence claim or another basis for continuing the application can be short.

Moving from the Subclass 820 to the permanent Subclass 801

Once the Subclass 820 stage is granted, the application moves towards the permanent Subclass 801 stage. Eligibility for the Subclass 801 visa is generally assessed about two years after the combined application was lodged. The Department asks the applicant for updated information and evidence that the relationship is genuine and continuing at that point.

The Subclass 801 assessment is not a formality. The Department applies the same four aspects of the relationship: financial aspects, the nature of the household, social aspects and the nature of the commitment. Evidence should continue to be kept throughout the period between the Subclass 820 grant and the Subclass 801 assessment. Our guide to preparing evidence of a genuine relationship explains how couples can keep that evidence in good order.

Exceptions exist for some applicants in long-term relationships, who may be considered for the permanent stage earlier, and the special provisions for family violence and the death of the sponsor can also apply at the permanent stage. Our Subclass 820 vs Subclass 801 guide explains the relationship between the two stages and our 820 visa requirements guide explains the documents needed at each stage.

Choosing who acts on an onshore partner visa with a visa status problem

An onshore partner visa with a visa status problem is a legal matter, not only an administrative one. Condition 8503, Schedule 3, section 48 and bridging visa questions each turn on legal tests, and an error can make the application invalid. Our article on when you need an immigration lawyer for a partner visa and our guide to the partner visa lawyer vs doing it yourself question explain when professional help is worth considering. Our article on whether to use a migration agent or a lawyer for a partner visa sets out the practical differences.

Couples who have already lodged their own partner visa application and want help afterwards can read our guide to hiring an immigration lawyer after lodging your own application. Those comparing firms can read our guides to choosing a partner visa lawyer in Australia, and, by city, choosing a partner visa lawyer in Sydney, Melbourne, Brisbane or Perth. For broader immigration matters, My Migration Lawyers also acts through our immigration lawyers in Sydney, Melbourne, Brisbane, Perth and Adelaide. Every consultation is conducted by video, wherever the couple lives.

How My Migration Lawyers handles onshore partner visa applications where the applicant's current visa or status creates risk

My Migration Lawyers deals with complex onshore partner visa matters and acts in many applications where the applicant's current visa or immigration status creates risk. The firm is capable of handling applications involving condition 8503, Schedule 3, section 48, prior refusals and cancellations, and bridging visa complications, and it approaches each such application by resolving the status questions before the relationship evidence is assembled.

In practice, the firm's work on an onshore partner visa with a status issue includes:

• Obtaining and reviewing the applicant's VEVO record, grant notices and visa history, so that every condition, refusal, cancellation and period without a substantive visa is identified before lodgement.
• Determining whether the onshore partner visa can be validly lodged at all, including whether condition 8503 or another no further stay condition applies and whether section 48 permits the application.
• Preparing a request for a waiver of condition 8503 where the facts support one, and advising on the alternatives where they do not.
• Preparing the compelling reasons case for not applying Schedule 3, supported by evidence of the specific circumstances of the couple and any children.
• Planning the timing of lodgement so the applicant lodges while still holding a substantive visa where that is possible, and advising on the bridging visa that will follow, its work conditions and the need for a Bridging Visa B before travel.
• Reviewing the relationship statement, Form 888 supporting statements and relationship evidence against the four aspects, and checking them for consistency with the applicant's earlier visa applications.
• Managing section 56 requests, natural justice letters and Form 1022 notifications through to the Subclass 820 decision and the Subclass 801 stage.

The firm is led by Weiwei Zhang, Principal Lawyer. Information about how the firm prepares the combined application is on our Subclass 820 visa page, and information about the firm's partner visa practice is on our partner visa lawyers page, and more about the firm is on our about page. Consultations are conducted by video, so couples can obtain advice wherever they are in Australia.

If you are in Australia and want to know whether your current visa allows you to lodge an onshore partner visa, or whether your status creates a risk that needs to be dealt with first, book a consultation online or call 1300 040 300.