Key Takeaways
- A Subclass 482 (Skills in Demand) visa holder in a genuine relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen can generally apply for the Subclass 820 and Subclass 801 partner visa in Australia.
- Lodging while the Subclass 482 visa is still in effect means the applicant holds a substantive visa at the time of application, so the Schedule 3 criteria in subparagraph 820.211(2)(d)(ii) do not apply.
- After lodgement, a Bridging visa A is granted but is not in effect while the Subclass 482 visa remains in effect. Until then, the Subclass 482 visa and its conditions, including condition 8607, continue to govern the applicant's work.
- When the Subclass 820 visa is granted, the Subclass 482 visa ceases under subsection 82(2) of the Migration Act 1958, and condition 8607 no longer applies.
- If the Subclass 482 visa is cancelled after lodgement, the Bridging visa A granted with the partner visa application can also cease. Leaving the sponsoring employer therefore needs planning, not a sudden resignation.
- Condition 8503 is not a standard condition on a Subclass 482 visa, but the actual conditions and the applicant's earlier visa history must still be checked before lodging.
- Secondary Subclass 482 holders who separate from the primary holder and are now in a new relationship face their own timing and cancellation risks and should get advice before anything changes.
What is the partner visa 482 visa question?
The partner visa 482 visa question is whether a person who holds a Subclass 482 (Skills in Demand) visa, and who is in a genuine relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen, can switch to a partner visa while staying in Australia. The short answer is yes. A Subclass 482 visa holder can generally apply for the onshore Subclass 820 visa and Subclass 801 visa as one combined application, without leaving Australia.
The harder part of every partner visa 482 visa matter is not eligibility. It is timing, work conditions and the relationship with the sponsoring employer. A Subclass 482 visa is tied to a nominated occupation and to an employer. A partner visa is tied to the relationship. When a person moves from one to the other, there is a period where both sets of rules matter at once. Getting that period wrong can leave a person unable to work lawfully, or without a visa in effect at all.
This guide explains how the partner visa 482 visa switch works in law. It covers what the Subclass 482 visa is now called, how to check for a no further stay condition, why lodging while the Subclass 482 visa is still in effect matters, what happens to the Subclass 482 visa and condition 8607 when a Bridging visa A is granted and when the Subclass 820 visa is granted, whether to keep or leave the sponsoring employer, what secondary Subclass 482 holders who separate should know, and how the partner visa compares with the employer-sponsored permanent pathway. For the wider framework, the complete guide to partner visas in Australia sets out every partner subclass.
Who this guide is for
This guide is written for partner visa 482 visa holders who are already in Australia: primary Subclass 482 holders working for a sponsor, and secondary Subclass 482 holders who came to Australia as part of someone else's family unit. It also helps Australian partners who want to understand what their partner's work visa means for the application they will sponsor. If the person holds a different visa, related guides cover moving from a tourist visa to a partner visa and applying when a visa carries a no further stay condition.
What is the Subclass 482 visa called now?
The Subclass 482 visa is now called the Subclass 482 (Skills in Demand) visa. It replaced the Subclass 482 (Temporary Skill Shortage) visa from 7 December 2024. The subclass number did not change. The Migration Regulations 1994 still refer to both names, because some people hold a Subclass 482 visa granted under the old Temporary Skill Shortage rules and others hold one granted under the Skills in Demand rules.
For the partner visa 482 visa question, the name matters less than the conditions on the visa the person actually holds. Both versions are substantive visas. Both are usually granted with condition 8607, which ties the holder's work to the nominated occupation and, in most cases, to the sponsoring business. A person who holds either version and applies for a partner visa in Australia goes through the same steps described in this guide.
Why the old and new names both appear
Visa grant notices, employment contracts and online records issued before 7 December 2024 will usually say "Temporary Skill Shortage". Records issued after that date for new grants will usually say "Skills in Demand". Neither name affects whether a person can make a valid partner visa application. What matters is that the person holds a substantive visa in effect at the time of application and that no condition on that visa, or on an earlier visa, stops the application being made.
Can a Subclass 482 visa holder apply for a partner visa in Australia?
Yes. A Subclass 482 visa holder can apply for a partner visa in Australia if they are the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, the relationship is genuine and continuing, and nothing in their visa history prevents a valid application. The partner visa 482 visa application is a combined application for the temporary Subclass 820 visa and the permanent Subclass 801 visa, made in Australia.
The applicant must meet the relationship requirements in clause 820.211 of Schedule 2 to the Migration Regulations 1994. A married applicant must be the spouse of the sponsor under section 5F of the Migration Act 1958. A de facto applicant must be the de facto partner of the sponsor under section 5CB, and in most cases must show a de facto relationship of at least 12 months immediately before the application unless an exception applies. The guide to the de facto partner visa and the 12-month rule and the article on whether you really need 12 months of de facto relationship explain this requirement.
The sponsor must also be eligible
A partner visa 482 visa application also depends on the sponsor. The sponsoring partner must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is not prohibited from sponsoring. Earlier partner sponsorships, a previous partner visa held by the sponsor, and certain criminal convictions can all limit who can sponsor. The guide on when a sponsor cannot sponsor a partner visa and the firm's page on partner visa sponsorship limitations explain these limits.
The relationship is the centre of the application
Holding a Subclass 482 visa does not make the relationship assessment easier or harder. The decision maker still considers the financial aspects of the relationship, the nature of the household, the social aspects of the relationship and the nature of the commitment. Partner visa 482 visa holders sometimes have strong evidence because they have lived and worked in Australia for some time, with leases, bank accounts and tax records in their own names. That evidence still needs to show a shared life with the sponsor. The guides to partner visa relationship evidence and preparing evidence of a genuine relationship explain what the decision maker looks for.
Does a Subclass 482 visa have a no further stay condition (8503)?
No, not usually. Condition 8503 is not a standard condition on a Subclass 482 visa. The Department's policy on "no further application" conditions lists the visas where condition 8503 is mandatory, and the Subclass 482 visa is not one of them. Most partner visa 482 visa holders therefore have no condition 8503 on their current visa.
That does not end the check. Condition 8503 says that 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. The condition is attached to a particular visa grant. The question for every partner visa 482 visa applicant is therefore whether the visa they currently hold carries any "no further application" condition, and whether anything in their earlier visa history still restricts the applications they can make.
Why earlier visa history still matters
Some Subclass 482 holders first came to Australia on a visitor visa or another temporary visa that carried condition 8503 or condition 8534. Under subregulation 2.05(4AA) or subregulation 2.05(5A) of the Migration Regulations 1994, that condition can be waived so the person can apply for certain skilled or employer-sponsored visas, including the Subclass 482 visa. Regulation 2.07AG then limits the substantive visas for which that person can make a valid application. The Department's policy gives the example of a person whose condition was waived to apply for a Subclass 482 visa and who then cannot make a valid application for a different visa, such as a partner visa.
How regulation 2.07AG applies after the Subclass 482 visa has actually been granted depends on the precise history of the waiver and the grant. That is a legal question, not a form-filling question. A person with any earlier "no further application" condition in their history should have it reviewed before a partner visa 482 visa application is lodged. The guide on the Subclass 820 with a no further stay condition explains how condition 8503 affects partner visa applicants more generally.
How the conditions are checked
My Migration Lawyers checks the conditions on the current visa and the client's visa history itself, using the passport details already provided. The client does not need to send old grant notices or historical visa records. What the firm needs from the client is an accurate account of when they entered Australia and which visas they have applied for.
Why lodge the partner visa while the Subclass 482 visa is still in effect?
Lodging the partner visa while the Subclass 482 visa is still in effect means the applicant holds a substantive visa at the time of application, so the Schedule 3 criteria do not apply. This is the single most important timing point in any partner visa 482 visa matter.
Under paragraph 820.211(2)(d) of the Migration Regulations 1994, an applicant who does not hold a substantive visa at the time of application must, in most cases, satisfy Schedule 3 criteria 3001, 3003 and 3004 unless the Minister is satisfied that there are compelling reasons for not applying those criteria. A substantive visa is defined in subsection 5(1) of the Migration Act 1958 as a visa other than a bridging visa, a criminal justice visa or an enforcement visa. A Subclass 482 visa is a substantive visa. A Bridging visa A is not.
What Schedule 3 means in practice
Schedule 3 deals with people who are unlawful, or who hold only a bridging visa, when they apply. The Department's policy says that, as a general rule, a genuine relationship and the hardship of applying from outside Australia are not, on their own, compelling reasons to waive the Schedule 3 criteria. A partner visa 482 visa holder who lets their Subclass 482 visa expire, or who loses it, before lodging can therefore turn a straightforward onshore application into a much harder one. The guides to the Schedule 3 criteria for a partner visa and the Schedule 3 partner visa waiver explain the test, and the firm's page on Schedule 3 waivers explains how those cases are handled.
Timing the lodgement in a partner visa 482 visa matter
For a partner visa 482 visa holder, good timing usually means lodging well before the Subclass 482 visa is due to expire, and before any change in employment that could put the Subclass 482 visa at risk. It also means lodging only when the relationship evidence is ready. A de facto couple who are a few weeks short of 12 months, for example, may need to wait. A couple whose Subclass 482 visa expires soon may need to move faster. Balancing those two pressures is the core judgement in a partner visa 482 visa case.
The application must also be valid when it is made. That means the correct form, every Schedule 1 requirement for making the application satisfied, and the applicant in Australia at the time of lodgement. An application that is found to be invalid is treated as though it was never made, and it does not attract a bridging visa. The partner visa 482 visa holder must therefore not rely on an application that might be invalid while their Subclass 482 visa runs out.
What happens to the Subclass 482 visa when you lodge a partner visa?
Nothing happens to the Subclass 482 visa when a partner visa is lodged. It stays in effect, with all of its conditions, until it expires, is cancelled or is replaced by the grant of another substantive visa. What changes is that the applicant is also granted a Bridging visa A in association with the partner visa application, but that bridging visa is not in effect while the Subclass 482 visa remains in effect.
This is the part of the partner visa 482 visa switch that is most often misunderstood. Many applicants believe that once they lodge, they are "on a bridging visa" and can work for anyone. That is wrong while the Subclass 482 visa is still running. The general guide to bridging visas in Australia and the specific guide to the Bridging visa A explain how bridging visas work for all onshore applicants.
What "held" and "in effect" mean
Migration law draws a clear line between holding a visa and that visa being in effect. A person can hold a Bridging visa A without that Bridging visa A being in effect. The Department's policy on the Subclass 010 (Bridging A) visa explains that a Bridging visa A granted while the person holds a substantive visa does not come into effect on grant. It comes into effect only when the substantive visa ceases, under clause 010.511 of Schedule 2 to the Migration Regulations 1994.
For a partner visa 482 visa applicant, this means the person holds two visas at once after lodgement: the Subclass 482 visa, which is in effect, and the Bridging visa A, which is held but not in effect. The person's rights and obligations come from the visa that is in effect. While the Subclass 482 visa is in effect, its conditions govern work, travel and everything else.
The Bridging visa A is a safety net, not a replacement
The Bridging visa A matters because it protects the applicant if the Subclass 482 visa ends before the partner visa is decided. If the Subclass 482 visa expires while the partner visa application is still being processed, the Bridging visa A comes into effect at that moment, and the person remains lawful. This is why partner visa 482 visa holders do not need to apply for a new Subclass 482 visa simply to stay lawful while they wait, provided the Bridging visa A was granted and has not ceased.
Does condition 8607 still apply after lodging a partner visa?
Yes. Condition 8607 continues to apply for as long as the Subclass 482 visa is in effect, even after the partner visa has been lodged. A partner visa 482 visa applicant who is still on their Subclass 482 visa must keep working in the nominated occupation and, in most cases, for the sponsoring business or an associated entity, as condition 8607 requires.
Condition 8607 is set out in Schedule 8 to the Migration Regulations 1994. In broad terms, it requires the holder to work only in the occupation nominated in the most recent Subclass 482 visa application, to work only for the sponsor or for a business or associated entity permitted by the condition, to start work within the period the condition allows, and not to stop working for longer than the period the condition permits. It also deals with any licence, registration or membership that the occupation requires.
Why lodging does not lift condition 8607
Condition 8607 is attached to the Subclass 482 visa. Lodging a partner visa does not remove conditions from a visa that is already in effect. The Bridging visa A granted with the partner visa application may carry no work conditions at all, but those bridging visa conditions are irrelevant while the Bridging visa A is not in effect. A partner visa 482 visa applicant who leaves the sponsor and starts work for a different employer, while the Subclass 482 visa is still in effect, risks breaching condition 8607.
The risk of a breach
A breach of condition 8607 can lead to the Subclass 482 visa being considered for cancellation under section 116 of the Migration Act 1958. As explained below, cancellation of the Subclass 482 visa can also bring the Bridging visa A to an end. That is why the partner visa 482 visa question is never just "can I apply?". It is also "what can I do at work while I wait?". The guide on work rights while waiting for a Subclass 820 visa explains the bridging visa side of that question. The firm's page on visa cancellations explains how cancellation matters are handled.
What happens to the Subclass 482 visa when the Subclass 820 visa is granted?
When the Subclass 820 visa is granted, the Subclass 482 visa ceases to be in effect under subsection 82(2) of the Migration Act 1958, because the holder has been granted another substantive visa. At the same moment, the Bridging visa A ends, because the grant of the substantive visa it was granted for is the event that ends its visa period under subparagraph 010.511(1)(b)(i). The person then holds only the Subclass 820 visa.
For a partner visa 482 visa holder, this is the point at which condition 8607 stops applying. The Subclass 820 visa is not tied to an employer or to a nominated occupation. From the date of grant, the person can generally work for any employer, change occupation, study and travel on the terms of the Subclass 820 visa.
The Bridging visa A may never come into effect
In many partner visa 482 visa matters, the Bridging visa A never actually comes into effect. If the Subclass 482 visa is still in effect on the day the Subclass 820 visa is granted, the Subclass 482 visa ceases and the Bridging visa A's visa period ends at the same time. The Department's policy uses exactly this example to explain that a bridging visa's visa period can end before the bridging visa ever came into effect. Applicants sometimes worry that they "missed" their bridging visa. They did not. It did its job by being available if it was needed.
Then the permanent stage
The Subclass 820 visa is the temporary stage. The Subclass 801 visa is the permanent stage, and the relationship is assessed again before it is granted. Under paragraph 801.221(2)(d) of the Migration Regulations 1994, at least two years must generally have passed since the combined application was made, subject to limited exceptions. The guides to the Subclass 820 vs Subclass 801 stages and how long a Subclass 820 partner visa takes explain what follows, and the article on the partner visa 820 onshore timeline covers what to expect while waiting.
What if the Subclass 482 visa expires before the partner visa is decided?
If the Subclass 482 visa expires before the partner visa is decided, the Bridging visa A comes into effect when the Subclass 482 visa ceases, and the partner visa 482 visa applicant stays lawful on the Bridging visa A. Condition 8607 no longer applies, because the Subclass 482 visa is no longer in effect. The person's work rights then depend on the conditions of the Bridging visa A.
The Department's policy for the Subclass 820 visa notes that a legislative instrument made under paragraph 010.611(1)(c) of Schedule 2 enables Subclass 820 and Subclass 801 applicants who are eligible for an associated Bridging visa A to be granted that bridging visa with nil conditions. In practice, many partner visa 482 visa applicants whose Subclass 482 visa expires find that, once the Bridging visa A comes into effect, they can work for any employer. The actual conditions on each grant must still be checked, because the grant notice for the Bridging visa A is what determines the position.
Expiry is not the same as cancellation
Expiry and cancellation have very different effects. When the Subclass 482 visa simply reaches its end date, the Bridging visa A comes into effect. When the Subclass 482 visa is cancelled, the position is different. Under subparagraph 010.511(1)(b)(vi), the Bridging visa A ceases when the substantive visa that the person held at the time the Bridging visa A was granted is cancelled. A cancellation of the Subclass 482 visa can therefore leave the partner visa 482 visa applicant with no visa in effect, even though the partner visa application remains on foot.
In that situation, the person would need to act quickly to become lawful again, usually through a different bridging visa. They may also face limits on what they can apply for in Australia. Partner visa 482 visa holders who receive any notice of intention to consider cancellation should treat it as urgent and get advice immediately. The guide to urgent immigration lawyer advice explains when a matter needs same-week attention.
Applying for a further Subclass 482 visa is not required
A partner visa 482 visa holder does not need to apply for a further Subclass 482 visa simply to cover the waiting period, as long as the partner visa application is valid and the Bridging visa A has been granted. Some people choose to renew their Subclass 482 visa for career reasons, such as keeping travel flexibility or staying with an employer on the same terms. Where a further substantive visa is granted, it affects which visa is in effect and when the Bridging visa A can come into effect. That choice should be made with the whole picture in view, not by default.
Can you travel while a partner visa 482 visa application is pending?
Yes, in most cases, while the Subclass 482 visa is still in effect. A Subclass 482 visa normally allows its holder to travel to and from Australia during its validity. A partner visa 482 visa applicant who travels while the Subclass 482 visa is in effect leaves and returns on the Subclass 482 visa, and the partner visa application continues to be processed.
The position changes once the Subclass 482 visa has expired and the Bridging visa A is in effect. Under subsection 82(8) of the Migration Act 1958, a Bridging visa A ceases to be in effect if the holder leaves Australia. A person who needs to travel while relying on a Bridging visa A must usually obtain a Bridging visa B before departure. The guide to the Bridging visa B explains that process.
Being in Australia at the right times
The applicant must be in Australia when the partner visa application is made. The Subclass 820 visa also has criteria about where the applicant is at the time of decision. A partner visa 482 visa applicant who plans extended overseas travel while the application is being decided should check the timing before booking, so that an overseas trip does not coincide with a grant decision.
Travel and the sponsoring employer
Travel also raises employment questions. A Subclass 482 holder who takes extended unpaid leave, or who is overseas for long periods, may affect their compliance with condition 8607. That is an employment and visa question at the same time. For a partner visa 482 visa applicant, the safest approach is to treat the Subclass 482 visa as fully binding until the Subclass 820 visa is granted.
A hypothetical partner visa 482 visa timeline
Consider a hypothetical Subclass 482 holder who works as a nominated software engineer for an Australian sponsor. The holder has lived with an Australian citizen partner for 14 months and has two years left on the Subclass 482 visa. The couple decide to lodge a combined Subclass 820 and Subclass 801 application.
On the day the application is validly lodged, the holder is granted a Bridging visa A. It is not in effect, because the Subclass 482 visa is still in effect. The holder keeps working for the sponsor in the nominated occupation, as condition 8607 requires. Six months later, the holder is offered a role with a different employer. Accepting it while the Subclass 482 visa is in effect, without the new employer nominating the position, would risk breaching condition 8607. The holder therefore delays the move or takes advice on the options.
Twelve months after lodgement, the Subclass 820 visa is granted. The Subclass 482 visa ceases under subsection 82(2). The Bridging visa A's visa period ends without it ever coming into effect. From that day, the holder can accept the new role. The permanent stage follows later. This hypothetical is illustrative only. Every partner visa 482 visa matter turns on its own dates and conditions.
The same couple, a different decision
Now assume the same holder resigned from the sponsor the week after lodging, believing the Bridging visa A gave full work rights. The Subclass 482 visa would still be in effect. The holder would be outside sponsored employment and, if they began work elsewhere, potentially in breach of condition 8607. If the Subclass 482 visa were later cancelled, the Bridging visa A could cease too. The relationship would be exactly the same, but the visa position would be far more fragile. That difference is why partner visa 482 visa applicants need a plan for their work before they lodge.
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Should you keep or leave your sponsoring employer?
In most partner visa 482 visa matters, the safer course is to keep working for the sponsoring employer, in the nominated occupation, until the Subclass 820 visa is granted. Leaving the sponsor while the Subclass 482 visa is in effect does not automatically end the Subclass 482 visa, but it starts a limited period under condition 8607 within which the holder must find a new approved sponsor, be granted another visa or leave Australia. A partner visa application that is still being processed does not stop that period running.
This is a practical point that many people learn too late. The partner visa 482 visa applicant is protected by the Bridging visa A only if the Subclass 482 visa ends in a way that allows the Bridging visa A to come into effect. Expiry does that. Cancellation does not. A person who stops working, runs past the period condition 8607 allows, and is then considered for cancellation is in a very different position from a person who simply kept their job until the Subclass 820 visa was granted.
When leaving the employer cannot be avoided
Sometimes the job ends regardless of what the employee wants. The business may restructure, the role may be made redundant, or the working relationship may break down. In that case, the partner visa 482 visa applicant should get advice immediately about the remaining options. Those options may include finding a new sponsor who nominates the position, managing the timing until the Subclass 482 visa expires, or responding to any notice the Department sends. The answer depends on the dates, the conditions and the stage the partner visa application has reached.
The employer's own obligations
Sponsoring employers have obligations of their own, including telling the Department when a sponsored worker stops working for them. An employee who resigns should assume that the Department will be told. Partner visa 482 visa holders should also be aware that a sponsor cannot simply release them from condition 8607. The condition sits on the employee's visa, not on the employment contract.
Telling the employer about the partner visa
There is no legal requirement for a Subclass 482 holder to tell the sponsoring employer that they have applied for a partner visa. Whether to tell the employer is a personal and practical decision. Some partner visa 482 visa applicants prefer to tell the employer early, so that the employer understands why the worker may later leave sponsorship. Others wait until the Subclass 820 visa is granted. Either way, the partner visa application does not change the employee's obligations under condition 8607 while the Subclass 482 visa is in effect.
What happens to secondary Subclass 482 visa holders who separate?
A secondary Subclass 482 visa holder who separates from the primary holder still holds their Subclass 482 visa until it expires or is cancelled, but the separation can expose that visa to cancellation and must be planned around carefully. A secondary holder was granted the Subclass 482 visa as a member of the family unit of the primary holder. If they are no longer the spouse or de facto partner of that person, the circumstances that permitted the grant may no longer exist.
Section 116 of the Migration Act 1958 allows the Minister to cancel a visa in a range of circumstances, including where the circumstances that permitted its grant no longer exist. Cancellation is not automatic. The Department must follow the notice and response process the Act requires, and it has a discretion whether to cancel. But the risk is real, and it is exactly the kind of risk that affects the partner visa 482 visa timing.
A new relationship with an Australian partner
Some secondary Subclass 482 holders separate from the primary holder and later form a new relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen. For them, the partner visa 482 visa question is the same as for a primary holder, with one extra risk. If the secondary holder lodges the partner visa while their Subclass 482 visa is in effect, they hold a substantive visa at the time of application and Schedule 3 does not apply. If the Subclass 482 visa is cancelled before lodgement, they may not.
The new relationship must also meet the legal requirements in its own right. A de facto relationship generally needs to have existed for at least 12 months immediately before the application unless an exception applies. A secondary holder whose previous relationship ended recently may also need to explain the timing of the separation and the new relationship, because the decision maker will look at whether the new relationship is genuine and continuing. The guide to the partner visa relationship statement explains how the couple tell that story in their own words.
Secondary holders' work rights
Secondary Subclass 482 holders are generally not bound by condition 8607, because that condition relates to the nominated occupation and the sponsor of the primary holder. Their work rights therefore usually do not depend on a particular employer. The more important question for a separated secondary holder is whether their Subclass 482 visa remains in effect long enough to lodge a valid partner visa 482 visa application, not what work they can do in the meantime.
Where the separation involved family violence
Where a secondary holder's relationship with the primary holder ended because of family violence, there are separate legal and safety issues to consider. The firm's page on family violence partner visa matters explains how the family violence provisions work in the partner visa context. Those provisions apply to partner visa applicants whose relationship with the sponsor has ended, not to the separation of a Subclass 482 family unit, so each situation needs advice on its own facts.
Partner visa or employer-sponsored permanent residence?
A partner visa and the employer-sponsored permanent pathway are two separate routes with different requirements, and a Subclass 482 holder in a genuine relationship may be eligible for both. The right choice depends on the person's circumstances, not on which route sounds faster. This section sets out the factual differences only.
What each pathway depends on
The partner visa depends on the relationship and the sponsor. It does not depend on the employer, the occupation, a skills assessment or the applicant's age. The applicant's work history is relevant only as part of the wider evidence. The partner visa 482 visa route is therefore not affected by changes in the person's job once the Subclass 820 visa is granted.
The employer-sponsored permanent pathway, such as the Subclass 186 (Employer Nomination Scheme) visa, depends on the employer's nomination, the occupation, the person's skills and experience, and other criteria. It is tied to employment. It does not depend on the relationship.
Practical differences
A partner visa leads first to the temporary Subclass 820 visa, with the permanent Subclass 801 visa granted later after a second assessment of the relationship. The employer-sponsored permanent visa, if granted, is permanent from the start. On the other hand, a partner visa frees the applicant from condition 8607 at the Subclass 820 stage, while the employer-sponsored route keeps the person tied to the employer until permanent residence is granted.
Some couples consider whether to pursue both. That raises its own questions, including how two applications interact, which visa would be in effect at each stage, and whether the relationship or the employment is the more secure basis. A partner visa 482 visa applicant who is weighing both pathways should get advice on the whole picture before lodging either.
Partner visa or both: a decision for the couple
My Migration Lawyers can explain how the partner visa 482 visa route works and how it would interact with any employer-sponsored application already under way. The decision about which pathway to pursue rests with the couple and depends on their own goals. The firm's role is to set out the law and the risks clearly so that the decision is an informed one.
Common mistakes in a partner visa 482 visa application
The most common mistakes in a partner visa 482 visa application are leaving it too late, misunderstanding the Bridging visa A, changing jobs too early, and lodging relationship evidence that does not match the forms. Each of these is avoidable with planning.
Waiting until the Subclass 482 visa is about to expire
Some applicants wait until the last weeks of their Subclass 482 visa before lodging. If anything delays the application, such as a missing document or a problem with the form, the Subclass 482 visa may expire first. The applicant then applies without a substantive visa and must deal with Schedule 3. For partner visa 482 visa holders, a comfortable margin before expiry is part of a sound application.
Assuming the Bridging visa A is in effect
As explained above, the Bridging visa A is not in effect while the Subclass 482 visa is in effect. Applicants who change employers on the strength of the bridging visa's work conditions, while the Subclass 482 visa is still in effect, risk breaching condition 8607.
Changing jobs or stopping work too early
Leaving the sponsor before the Subclass 820 visa is granted is not always a breach, but it starts the condition 8607 clock. Partner visa 482 visa applicants who want to change jobs should plan the timing around the grant, or around a new nomination, rather than resign first and ask questions later.
Inconsistent relationship evidence
A Subclass 482 holder's records, such as addresses on employment records, tax returns and leases, must match the addresses and dates given in the partner visa application, Form 80 and the relationship statement. Inconsistency is one of the most common reasons partner visas get refused. The partner visa document checklist and the 820 partner visa evidence checklist explain what is usually gathered, and Form 888 supporting witness statements are explained in a separate guide.
Not reporting changes
A partner visa 482 visa applicant whose circumstances change after lodgement, such as a new address, must tell the Department. The guide on Form 1022 change of circumstances explains when a change must be notified. Where the Department asks for more information, the guides on responding to a section 56 request and the s57 natural justice letter for a partner visa explain each step.
If the partner visa is refused
If a partner visa is refused, review deadlines are short and strictly applied. A partner visa 482 visa applicant whose Subclass 482 visa is still in effect at the time of refusal will continue to hold it, but the refusal must still be dealt with quickly. The firm's page on partner visa refusals, the guide to partner visa refused appeal options and the guide to what to expect at an ART review explain the next steps. The most common Subclass 820 refusal reasons are also worth reading before lodgement.
How My Migration Lawyers helps with a partner visa 482 visa switch
My Migration Lawyers advises Subclass 482 visa holders and their Australian partners on switching to a partner visa onshore, with the timing, work conditions and employer issues planned before anything is lodged. The firm acts in many partner visa matters where the applicant holds a work visa, and it regularly handles complex partner visa 482 visa cases involving expiring visas, changes of employer, earlier "no further application" conditions, separated secondary holders and couples weighing a partner visa against an employer-sponsored pathway. It is capable of handling these matters from first advice through to the permanent stage.
What the firm does in a partner visa 482 visa matter
First, the firm checks the client's current Subclass 482 visa, its conditions and the client's earlier visa history itself, using the passport details provided. Second, it confirms whether any "no further application" condition or regulation 2.07AG issue could affect a valid partner visa application. Third, it plans the lodgement date around the Subclass 482 visa's expiry, the client's employment and the relationship requirements, including the 12-month de facto rule where it applies. Fourth, it explains in writing how condition 8607 continues to apply until the Subclass 820 visa is granted, and what the Bridging visa A will and will not do. Fifth, it reviews the couple's own relationship statement and evidence for gaps and inconsistencies, and the couple correct and confirm their own account. Sixth, it prepares and lodges the combined Subclass 820 and Subclass 801 application, lodges Form 956 so the Department corresponds with the firm, and manages the file through to the permanent stage.
Where something changes after lodgement, such as an employer restructure, a notice about the Subclass 482 visa, or a request from the Department, the firm advises on the response. Where the relationship ends during processing, the guide on what happens if the relationship breaks down explains the position, and the firm advises on the options.
When people come to the firm
Partner visa 482 visa holders come to My Migration Lawyers at different points. Some come before lodging, to get the timing right. Some lodged themselves and want the file checked, which is covered in the guide to hiring an immigration lawyer after lodging your own application. Some want a second opinion from an immigration lawyer on advice received elsewhere. Others come after a visa refusal or when considering a partner visa after a visa refusal. The guide to booking an immigration lawyer consultation explains what happens at the first meeting, and the guide on when you need an immigration lawyer for a partner visa explains where legal advice adds the most value.
Who leads your matter
Partner visa work at My Migration Lawyers is led by Weiwei Zhang, Principal Lawyer. More about the firm is on the About My Migration Lawyers page and the partner visa lawyers page. The guides to what an immigration lawyer does, the difference between a migration agent and an immigration lawyer and choosing a partner visa lawyer explain how legal representation works. My Migration Lawyers is an Australian immigration law firm that acts for couples across Australia, including partner visa clients in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta, with consultations by video.
Book a consultation about your partner visa 482 visa switch
If you hold a Subclass 482 visa and want to apply for a partner visa in Australia, the right time to get advice is before you lodge and before you change anything at work. Book a Consultation with My Migration Lawyers to have your partner visa 482 visa timing, conditions and evidence reviewed. You can also call 1300 040 300.
Frequently Asked Questions
Can a Subclass 482 visa holder apply for a partner visa in Australia?
Yes. A Subclass 482 visa holder who is the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen can generally apply for the Subclass 820 and Subclass 801 partner visa in Australia. The relationship must be genuine and continuing, the sponsor must be eligible, and nothing in the applicant's visa history can prevent a valid application.
When should partner visa 482 visa holders lodge their application?
Partner visa 482 visa holders should usually lodge while the Subclass 482 visa is still in effect and well before it expires. Holding a substantive visa at the time of application means the Schedule 3 criteria do not apply. Lodging also needs to wait until the relationship evidence is ready, including the 12-month de facto requirement where it applies.
Is the Subclass 482 visa now called the Skills in Demand visa?
Yes. The Subclass 482 visa has been called the Skills in Demand visa since 7 December 2024, when it replaced the Temporary Skill Shortage visa. The subclass number stayed the same. Some people still hold a Subclass 482 visa granted under the older Temporary Skill Shortage rules. Both versions are substantive visas for the purpose of a partner visa application.
Does a Subclass 482 visa usually have condition 8503?
No. Condition 8503 is not a standard condition on a Subclass 482 visa, and the Department's policy does not list the Subclass 482 visa among the visas where it is mandatory. The actual conditions on the visa still need to be checked. An earlier "no further application" condition that was waived to apply for the Subclass 482 visa can also matter under regulation 2.07AG.
Does condition 8607 still apply after I lodge a partner visa?
Yes. Condition 8607 continues to apply for as long as the Subclass 482 visa is in effect, even after the partner visa is lodged. The holder must keep working in the nominated occupation and, in most cases, for the sponsor or an associated entity. Lodging a partner visa does not remove conditions from a visa that is already in effect.
Is my Bridging visa A in effect while I hold a Subclass 482 visa?
No. A Bridging visa A granted with a partner visa application is held but not in effect while the Subclass 482 visa remains in effect. It comes into effect only if the Subclass 482 visa ceases before the partner visa is decided. Until then, the Subclass 482 visa and its conditions govern work and travel, not the bridging visa.
What happens to my Subclass 482 visa when the Subclass 820 visa is granted?
When the Subclass 820 visa is granted, the Subclass 482 visa ceases under subsection 82(2) of the Migration Act 1958. Condition 8607 stops applying from that point. The Bridging visa A also ends, because the grant of the partner visa ends its visa period. The person then holds the Subclass 820 visa, which is not tied to an employer.
What if my Subclass 482 visa expires before the partner visa is decided?
If the Subclass 482 visa expires while the partner visa is being processed, the Bridging visa A comes into effect and the applicant stays lawful. Condition 8607 no longer applies. Work rights then depend on the conditions of the Bridging visa A, which for many partner visa applicants are nil conditions. The grant notice must still be checked for the actual conditions.
Can I leave my sponsoring employer after lodging a partner visa?
Leaving is possible, but it carries risk. While the Subclass 482 visa is in effect, condition 8607 still applies and limits how long the holder can be out of sponsored employment. If the Subclass 482 visa is cancelled, the Bridging visa A can cease too. Partner visa 482 visa holders should plan any change of employer with advice before resigning.
What happens to the Bridging visa A if my Subclass 482 visa is cancelled?
The Bridging visa A can cease. Under subparagraph 010.511(1)(b)(vi) of the Migration Regulations 1994, a Bridging visa A ceases when the substantive visa held at the time it was granted is cancelled. The applicant may then have no visa in effect while the partner visa is still being processed. Any notice about cancellation should be treated as urgent.
Can I travel overseas while my partner visa 482 visa application is pending?
Yes, usually, while the Subclass 482 visa is still in effect, because the applicant travels on that visa. Once the Subclass 482 visa has expired and the Bridging visa A is in effect, leaving Australia ends the Bridging visa A. A Bridging visa B is then usually needed before departure. Travel close to a decision should be checked first.
Do I need to renew my Subclass 482 visa while waiting for a partner visa?
No. A further Subclass 482 visa is not needed simply to stay lawful while the partner visa is processed, provided the partner visa application is valid and the Bridging visa A has been granted. Some people renew for employment or travel reasons. That choice affects which visa is in effect at each stage, so it should be made with advice.
Can a secondary Subclass 482 visa holder who has separated apply for a partner visa?
Yes, if they are now in a genuine relationship with an eligible Australian sponsor and meet the partner visa requirements. The separation may expose their Subclass 482 visa to cancellation, because the circumstances of its grant may no longer exist. Lodging the partner visa while the Subclass 482 visa is still in effect avoids Schedule 3, so timing is critical.
Should I tell my employer that I have applied for a partner visa?
There is no legal requirement for a Subclass 482 holder to tell the sponsoring employer about a partner visa application. Whether to tell the employer is a personal and practical decision. Either way, condition 8607 continues to apply while the Subclass 482 visa is in effect, so the holder's work obligations do not change until the Subclass 820 visa is granted.
Is a partner visa better than employer-sponsored permanent residence for a Subclass 482 holder?
Neither is better in every case. A partner visa depends on the relationship and frees the applicant from condition 8607 at the Subclass 820 stage, but permanent residence comes later. An employer-sponsored permanent visa depends on the employer and the occupation and keeps the person tied to the employer until grant. The right choice depends on the couple's circumstances.
Does holding a Subclass 482 visa make the partner visa relationship test easier?
No. The relationship test is the same for every partner visa applicant. The decision maker considers the financial aspects of the relationship, the nature of the household, the social aspects of the relationship and the nature of the commitment. Partner visa 482 visa holders often have good records from working in Australia, but those records must show a shared life with the sponsor.
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.
