Partner Visa Application Before Visa Expiry

Lodging a partner visa before visa expires is the step that decides how the rest of an onshore application will run. If you are in Australia and your visitor, student, working holiday or work visa is close to its end date, the question is not only whether you can lodge, but whether you can lodge while that visa is still in effect. Getting a partner visa before visa expires, in the sense of a valid application made while you hold a substantive visa, protects your lawful status, your bridging visa and your eligibility.

This guide is for couples who still hold a substantive visa and want to act in time. It explains why applying for a partner visa before visa expires matters under the Migration Regulations 1994, exactly when an online application is made, what to check on your current visa first, whether your relationship meets the legal requirements yet, which documents must be ready and which can follow, and what happens to your bridging visa after you lodge. For a full overview of the onshore pathway, see our complete guide to partner visas in Australia. If your end date is close and you need a plan now, our partner visa lawyers can review your position before you lodge.

Can you apply for a partner visa before visa expires? The short answer

Yes. A person in Australia who holds a substantive visa can usually lodge a combined Subclass 820 and Subclass 801 partner visa application at any time before that visa ends, provided no condition or bar on their current visa prevents it and the relationship already meets the legal requirements. The Subclass 820 visa is the temporary onshore partner visa, and the Subclass 801 is the permanent stage applied for at the same time.

On the timing of a partner visa before visa expires, three things decide whether the plan works:

• Whether your current visa allows a further application to be made in Australia.
• Whether the relationship meets the spouse or de facto requirements on the day you lodge.
• Whether the application is actually made, including payment, before your visa ceases.

If all three are satisfied, the law treats you as an applicant who held a substantive visa at the time of application. That status carries real advantages, which the next section explains. Our guide to the Subclass 820 visa explains the visa itself in more detail.

Why a partner visa before visa expires matters: the substantive visa rule

A partner visa before visa expires matters because the Migration Regulations 1994 treat applicants who hold a substantive visa at the time of application very differently from applicants who do not. A substantive visa is defined in subsection 5(1) of the Migration Act 1958 as any visa other than a bridging visa, a criminal justice visa or an enforcement visa. Visitor, student, working holiday, temporary graduate and temporary work visas are all substantive visas. A bridging visa is not.

Eligibility for a Bridging visa A

An applicant who holds a substantive visa when the partner visa application is made is generally eligible for a Bridging visa A. Clause 010.211(2) of Schedule 2 requires, among other things, that the applicant held a substantive visa at the time the substantive visa application was made. The online partner visa application also operates as the application for the Bridging visa A, so no separate form is needed.

For Subclass 820 and Subclass 801 applicants, the Bridging visa A is granted with no conditions under paragraph 010.611(1)(c) and the legislative instrument made under it. That means no work restriction once the Bridging visa A comes into effect. Applicants who lodge after their visa has ended usually receive a Bridging visa C instead, and a Bridging visa C granted with a partner visa application must carry condition 8101 (no work). Our article on partner visa work rights on a bridging visa explains this difference. Lodging a partner visa before visa expires is therefore the simplest way to keep full work rights during processing.

Schedule 3 criteria do not apply

The second reason to lodge a partner visa before visa expires is Schedule 3. Paragraph 820.211(2)(d) provides that an applicant who is not the holder of a substantive visa at the time of application must satisfy Schedule 3 criteria 3001, 3003 and 3004, unless the Minister is satisfied that there are compelling reasons for not applying those criteria. An applicant who holds a substantive visa when the application is made does not face those criteria at all.

Schedule 3 is a serious obstacle. Criterion 3001 sets a time limit, generally 28 days after the applicant last held a substantive visa, within which the application must be made. Criteria 3003 and 3004 look at why the person became unlawful, whether that was beyond their control, and whether they complied with their visa conditions. Department policy states that a genuine relationship, and the hardship of separation, are not in themselves compelling reasons to waive these criteria. Our guide to Schedule 3 criteria for partner visa applicants explains the full test. A partner visa before visa expires avoids the test entirely.

Staying lawful

The third reason is lawful status. While your substantive visa is in effect, you are a lawful non-citizen. When it ceases, you remain lawful only if you hold another visa that is in effect, such as a bridging visa. If a valid partner visa application is made while your visa is still in effect, the Bridging visa A is granted in the background and comes into effect when your visa ends. There is no gap. If the application is made after your visa has ended, there may be a period during which you held no visa at all, and that history stays on your record.

Lawful status also matters for section 48 of the Migration Act. Section 48 limits the visas a person can apply for in Australia if they do not hold a substantive visa and have had a visa refused or cancelled since they last entered. A person who still holds a substantive visa is not affected by that bar. Planning a partner visa before visa expires keeps that issue out of the picture for most applicants.

When exactly does your visa expire?

Your visa expires on the date recorded as its end date, which appears on your visa grant notice and in Visa Entitlement Verification Online (VEVO). Under subsection 82(7) of the Migration Act, a visa to remain in Australia for a particular period or until a particular date ceases to be in effect at the end of that period or on that date. Some visas also cease earlier because of an event, for example a cancellation, or the grant of another visa.

Read your grant notice and VEVO carefully

For applicants planning a partner visa before visa expires, the first task is to confirm the true end date. Common errors include:

• Confusing the "must not arrive after" date on a visitor visa with the "stay period" that applies after each entry.
• Assuming a visitor visa allows a stay to the end of its validity, when the stay period runs from the date of each arrival.
• Assuming a student visa ends when the course ends, rather than on the date shown on the grant.
• Overlooking that a new visa granted to you has replaced the visa you thought you held.

VEVO shows the visa currently in effect and its conditions. Read it together with the grant notice, and if they appear to differ, take advice before relying on either. Our guide to bridging visas in Australia also explains how different visas fit together when more than one is held.

Why the last day is a risky day to lodge

Lodging on the last day is legally possible, but it is the riskiest way to lodge a partner visa before visa expires. A technical problem, a payment failure, a missing document needed to complete the form, or confusion about time zones can push the application past the end of the visa. If that happens, the application is made by a person who no longer holds a substantive visa, and Schedule 3 and the Bridging visa C rules then apply.

The practical rule is to treat your visa as ending several days before its recorded end date. Plan to complete and submit the application with time to spare, so that a problem on the day can still be fixed while your visa is in effect. Where the end date is already very close, urgent immigration lawyer advice explains what to prepare.

How a partner visa application is "made" online

A partner visa application is made when the online form is submitted through ImmiAccount and the visa application charge is paid. Until both have happened, there is no valid application, even if the form is fully completed and saved. For anyone aiming for a partner visa before visa expires, this is the most important technical point in the whole process.

The online form in ImmiAccount

Under item 1214C of Schedule 1 to the Migration Regulations, a Subclass 820 application must be made on the form specified by legislative instrument, which is the online form 47SP (Internet). In ImmiAccount, that form is titled "Application for migration to Australia by a partner". The Subclass 820 and Subclass 801 applications are made together on one combined form, at the same time and place. All applicants must be in Australia, but not in immigration clearance, when the application is made. If you do not have an account yet, our guide on how to create an ImmiAccount explains the setup.

Payment must be completed

Section 46 of the Migration Act provides that an application is valid only if, among other things, any visa application charge that the regulations require to be paid at the time of application has been paid. There is no separate charge for the Subclass 820. The single charge for the combined application is set for the Subclass 801, and it must be paid when the application is made. A declined card, a payment limit or a bank security check on the last day can therefore mean that no application has been made at all. The amount is explained in our article on how much a Subclass 820 partner visa costs.

Australian Capital Territory time

Regulation 2.10C specifies when an online application is taken to have been made. In summary, it is taken to have been made at the time it was made according to the time in the Australian Capital Territory, which is Australian Eastern Standard Time, or Eastern Summer Time when daylight saving applies in the ACT. For a couple in Perth, Adelaide, Darwin or Brisbane, the recorded time can therefore be later than the local time on the clock. An application submitted late in the evening in Western Australia may already be recorded on the next day in Canberra. That is another reason not to leave a partner visa before visa expires until the final hours.

Keep the evidence of lodgement

After submission, ImmiAccount generates an acknowledgement and a Transaction Reference Number, and the payment receipt is recorded. Save these immediately. They are your evidence of when the application was made. If anything later suggests that the application was made after your visa ended, these records will be needed. Our guide to Form 956 and Form 956A explains how a lawyer is appointed to receive Department correspondence on your behalf.

A practical timeline for a partner visa before visa expires

The safest timeline for a partner visa before visa expires starts months, not days, before the end date. Every couple's position is different, but the steps below show the order in which the issues usually need to be resolved.

Several months before the end date

At this stage, confirm the end date and the conditions of your current visa, and check whether a no further stay condition applies. Work out whether the relationship already meets the legal test and, for de facto couples, when the 12-month period will be complete. Start gathering identity documents, relationship evidence and the sponsor's details. If a waiver of a no further stay condition is needed, this is the time to think about it, because a waiver request does not extend your visa.

Four to six weeks before the end date

At this point, the planning for a partner visa before visa expires should move to drafting. The applicant and the sponsor should prepare their relationship statements, collect evidence across the four assessed aspects of the relationship (financial aspects, nature of the household, social aspects and nature of commitment), and arrange Form 888 declarations from people who know the couple. Our partner visa document checklist sets out the usual material.

One to two weeks before the end date

This is the target window for lodging a partner visa before visa expires. The online form should be completed and checked, the payment method confirmed, and the application submitted with days to spare. Further evidence can be uploaded after lodgement, so waiting for a perfect file is not a reason to risk the deadline. What cannot wait is the legal eligibility itself.

On and after lodgement

Save the acknowledgement, the Transaction Reference Number and the receipt. Check that the Bridging visa A grant notice arrives, and confirm on VEVO that your current visa is still shown as in effect until its end date. The sponsor then completes their sponsorship part, and both of you continue to add evidence as it becomes available.

What to check first before a partner visa before visa expires

Before you lodge a partner visa before visa expires, check whether anything on your current visa, or in your immigration history, stops a valid application being made in Australia. An application that is invalid is not considered at all. It does not attract a bridging visa, and the time spent on it is lost. The checks below are the ones that most often decide whether an application can be made.

No further stay conditions: 8503, 8534 and 8535

A no further stay condition prevents a valid partner visa application being made in Australia until the condition is waived. Condition 8503 provides 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. Condition 8534, which can appear on student and student guardian visas, allows only a protection visa, a Subclass 485 (Temporary Graduate) visa or a Subclass 590 (Student Guardian) visa. Condition 8535, imposed on certain government sponsored students, allows only a protection visa or a student visa granted on the basis of government support. None of these conditions allows a partner visa.

Department policy is clear that any substantive visa application, other than those the condition allows, is invalid while the condition is in effect, even if the charge has been paid. Online lodgement systems are designed to stop such an application being submitted, and if one gets through, it is to be treated as invalid. If you are planning a partner visa before visa expires and your visa carries one of these conditions, the condition has to be dealt with first. Our article on condition 8503 and the Subclass 820 visa explains the issue in depth.

Waiver requests: timing is everything

A no further stay condition can be waived under subregulation 2.05(4) only if, since the visa was granted, compelling and compassionate circumstances have developed over which the visa holder had no control and which resulted in a major change to their circumstances. The request must be in writing, and it can be made online or on Form 1447. Department policy lists examples such as being unfit to travel, the death or serious illness of a close family member in Australia, natural disaster, war or severe civil unrest in the home country, and travel restrictions.

The timing risk is serious. The Department's own Form 1447 warns that lodging a waiver request does not mean you can lawfully remain in Australia while it is decided, and that if your visa expires before a decision you will become unlawful. A decision not to waive is not reviewable by the Administrative Review Tribunal. For anyone who needs a waiver before a partner visa before visa expires, the waiver request must be made well before the end date, with evidence, and the couple must have a plan for what happens if it is refused. Where the request is approved, the date of the partner visa application is the date it is validly made after the waiver, not the date of the waiver request.

A relationship that began before the visa was granted will not, by itself, meet the "developed since grant" requirement. Where the couple met or committed to each other after the visa was granted, the circumstances still need to be compelling and compassionate, beyond the person's control, and a major change. This is an assessment that should be made carefully before relying on it.

Section 48 after an earlier refusal or cancellation

Section 48 of the Migration Act applies to a person in Australia who does not hold a substantive visa and who has had a visa refused or cancelled since they last entered. A person who still holds a substantive visa is not caught by section 48, even if an earlier application was refused. That is one more reason to lodge a partner visa before visa expires.

Where section 48 does apply, regulation 2.12 still allows a Partner (Temporary) (Class UK) and Partner (Residence) (Class BS) application, but extra validity requirements apply. Under paragraph 1124B(3)(e) of Schedule 1, the applicant must not have had a partner visa refused since last entering Australia, the sponsor's completed sponsorship form must be provided at the same time as the application, and two supporting Form 888 declarations from Australian citizens, permanent residents or eligible New Zealand citizens must be provided, each made no more than six weeks before the application. If you have had a visa refused, our guide to a partner visa after a visa refusal explains the position, and our visa refusals practice acts in those matters.

Visitors, ETA holders and eVisitor holders

Many people planning a partner visa before visa expires are visitors. Department policy sets out the conditions for each visitor visa. For a Subclass 600 (Visitor) visa, condition 8503 is mandatory in some streams, including the Sponsored Family stream and the Approved Destination Status stream, and discretionary in the Tourist stream. The conditions listed for the Subclass 601 (Electronic Travel Authority) visa and the Subclass 651 (eVisitor) visa do not include condition 8503. That does not remove the need to check: the conditions that matter are the ones actually imposed on your own grant. Our guide to moving from a tourist visa to a partner visa in Australia covers visitors in detail.

Regional visa holding periods

Holders of certain regional visas must hold that visa for a minimum period before they can apply for a Subclass 820. Under paragraph 1214C(3)(h) of Schedule 1, an applicant who holds, or last held, a Subclass 491 or Subclass 494 visa must have held it for at least three years. Paragraph 1214C(3)(g) sets a two-year period for certain older regional visas. A couple in this position cannot simply lodge a partner visa before visa expires if the holding period has not been met.

Sponsorship limitations

The sponsor's history also matters. Some sponsors are limited in how many partners they can sponsor, or must wait before sponsoring again, and some face limitations connected with their own past sponsorship. These limits do not usually stop the application being made, but they can stop it being granted. Our article on when a sponsor cannot sponsor a partner visa and our sponsorship limitations service explain the rules.

Do you meet the relationship requirements yet?

You must be the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen at the time you apply. A partner visa before visa expires is worth nothing if the relationship does not meet the legal test on the day of application, because the time of application criteria in clause 820.211 are assessed at that date. Lodging early to beat an end date, before the relationship qualifies, can lead to refusal.

Married couples

A married couple can apply on the basis of a marriage that is valid under Australian law, and the 12-month de facto rule does not apply to them. The Department will still assess whether the relationship is genuine and continuing, looking at the four assessed aspects: financial aspects, nature of the household, social aspects and nature of commitment. A wedding planned close to the end date should be timed so that the marriage has legally taken place before the application is made.

The de facto 12-month rule

For de facto couples, regulation 2.03A generally requires that the de facto relationship existed for at least 12 months immediately before the application was made. Department policy says this applies even if the couple had been together at an earlier time, separated and then reunited. Time in a relationship is not the same as time in a de facto relationship: the couple must have a mutual commitment to a shared life, a genuine and continuing relationship, and live together or not live separately on a permanent basis. The Tribunal applies the same date. In Jakharia (Migration) [2021] AATA 3345, a remitted decision, the issue was whether the couple had been in a de facto relationship for 12 months at the time of application, assessed through their shared finances, shared household and joint social life. Our article on whether you really need 12 months of de facto relationship explains the test, and our guide to the de facto partner visa covers the exceptions.

Exceptions: registration and compelling circumstances

The 12-month minimum does not apply if the relationship is registered under a State or Territory law prescribed for this purpose, including the relationship registers in New South Wales, Victoria, Queensland, South Australia, Tasmania and the Australian Capital Territory. Department policy states that a receipt for a registration application is not enough: the relationship must actually be registered. Registration can be completed after the application is made but before it is decided, although many couples prefer to have the certificate in hand at lodgement.

The rule can also be set aside where the applicant establishes compelling and compassionate circumstances, for example where there is a dependent child of the relationship. Department policy states that pregnancy alone is not usually treated as meeting that threshold, and that the genuineness of the relationship is not itself a compelling circumstance. For couples planning a partner visa before visa expires who are short of 12 months, registration is often the cleanest route, where it is available to them. Same-sex couples are assessed under exactly the same rules, and our LGBTI partner visa page explains how we act for them.

Evidence for a partner visa before visa expires: what must be ready and what can follow

The legal requirements must be met on the day you lodge a partner visa before visa expires, but much of the supporting evidence can be provided afterwards. The distinction matters, because couples often delay lodgement while they wait for documents that do not need to be in the application on day one.

What should be ready at lodgement

At lodgement, the online form must be complete and accurate, and the applicant's identity documents should be available. The core relationship facts should already be clear: when the relationship began, when the couple began living together, when they married or registered, and the main evidence of each of the four assessed aspects. A well prepared application usually includes, at lodgement or very soon after:

• Identity documents for the applicant, including passport and birth certificate.
• Evidence of the marriage or registration, where relevant.
• Evidence of living together, such as a lease, joint bills or correspondence to the same address.
• Financial evidence, such as joint accounts or shared expenses.
• Social evidence, such as photos, travel together and joint invitations.
• Relationship statements from the applicant and the sponsor.

Our 820 partner visa evidence checklist and our guide to partner visa relationship evidence explain each category. Our guide to the partner visa relationship statement explains how to write the one statement each partner provides.

What can follow after lodgement

Several items commonly follow after the application is made. These include:

• Form 80, the personal particulars form, which the Department often requests. Our Form 80 guide explains how to complete it without errors.
• Police certificates from Australia and from countries where the applicant has lived, which can take time to obtain.
• Health examinations, usually arranged after the Department generates the requirements.
• Form 888 declarations from friends and family, which support the relationship. Our guide to Form 888 for partner visas and our Form 888 example answers explain what they should say.
• Additional relationship evidence as it builds up over time.

The Department can decide an application on the information before it, and it may or may not ask for more. Our guide to responding to a section 56 request for more information explains how requests work. Lodging a partner visa before visa expires with a thin file is far better than lodging after the end date with a full one, but the file should be completed promptly after lodgement rather than left to the Department to request.

Changes after lodgement

Circumstances change during a long processing period. A change of address, a new passport, a new child or a change in the relationship must be reported. Our article on Form 1022 for a change of circumstances explains when it is needed.

The sponsor's part in a partner visa before visa expires

The sponsor's part is completed separately from the applicant's form, and for most applicants it does not need to be lodged at the same moment. Department policy states that a Subclass 820 application can be made without an accompanying sponsorship form, unless the applicant is a person to whom section 48 applies. The sponsor then completes the online sponsorship form, known as Form 40SP, which is linked to the application.

The sponsorship must be approved, and remain in force, at the time of decision. The sponsor's own police checks and history are assessed under the sponsorship limitation rules in Division 1.4B of the Regulations, which deal with matters such as certain relevant offences. For a couple organising a partner visa before visa expires, the practical point is that the applicant's lodgement should not wait for the sponsor's paperwork, but the sponsor should complete their part soon after, so the application is not held up. Our Subclass 820 partner visa guide explains the sponsor's obligations in more detail.

When does the bridging visa come into effect after a partner visa before visa expires?

The Bridging visa A granted with a partner visa before visa expires usually comes into effect only when your current substantive visa ceases, not on the day it is granted. Until that day, your current visa remains in effect, and its conditions continue to apply to you.

Granted, but not yet in effect

Department policy describes this exact sequence. A person holding a temporary visa makes a valid Subclass 820 and Subclass 801 application while lawfully in Australia. A Bridging visa A is granted in association with the application, but it does not come into effect while the temporary visa is still in effect. When the temporary visa ends at the close of its period, the Bridging visa A comes into effect, and the person remains lawful while the partner visa is assessed. It is not possible for a Bridging visa A to come into effect before the date on which it is granted.

This is why a partner visa before visa expires produces a seamless change of status. The old visa runs to its end date. The bridging visa then takes over. Our guide to Subclass 820 processing times explains why the bridging visa period is often long, and our article on how long the onshore partner visa takes explains the stages.

Your old visa conditions still apply until it ends

A common error is to read the Bridging visa A grant notice, see that it has no conditions, and assume that the old conditions no longer apply. They do. A student must continue to meet student visa conditions, including any work limitation, until the student visa ends. A visitor with condition 8101 (no work) must not work until the visitor visa ends and the Bridging visa A is in effect. A working holiday maker remains subject to the conditions of that visa until its end date. Breaching a condition of the visa still in effect can expose that visa to cancellation.

Why cancellation of the old visa matters

Department policy states that if a person holds a substantive visa when they apply for and are granted a Bridging visa A, and that substantive visa is cancelled, the bridging visa will also cease on that cancellation, whether or not it had yet come into effect (subject to exceptions for character cancellations). For someone who has made a partner visa before visa expires, a cancellation of the old visa therefore removes the bridging visa as well. Our visa cancellations practice acts where a cancellation is proposed. The simplest protection is to keep complying with the old visa until its last day.

Checking which visa is in effect

VEVO shows the visa that is currently in effect. Immediately after lodgement, it will usually still show your student, visitor or work visa. After the end date, it should show the Bridging visa A. If it does not, or if the grant notice for the bridging visa has not arrived, that should be followed up promptly. Our guide to the Bridging visa A explains the conditions and how the visa operates.

Can you travel after lodging a partner visa before visa expires?

Yes, but how you travel depends on which visa is in effect on the day you leave. While your original substantive visa is still in effect, you may be able to travel and return on it if it allows multiple entries and will still be in effect when you return. Once the original visa has ended and the Bridging visa A is in effect, leaving Australia without a Bridging visa B causes the Bridging visa A to cease, and it cannot be brought back.

Bridging visa B for partner visa applicants

A Bridging visa B allows a person who holds a Bridging visa A (or an earlier Bridging visa B) for the same application to leave and return to Australia within a set travel period. For Subclass 820 and Subclass 801 applicants, the Bridging visa B is granted with no conditions under the same legislative instrument that applies to the Bridging visa A. The travel period cannot be extended. If you are outside Australia when it ends, you cannot return on that bridging visa. Our article on the Bridging visa B explains the application process and the travel period.

Travel while the old visa is still in effect

Department policy notes that a Bridging visa A holder who also holds a substantive visa with travel rights that will still be in effect after their return can use that substantive visa for the trip. However, if the substantive visa might end while the person is overseas, a Bridging visa B may be needed. For anyone who has lodged a partner visa before visa expires and plans to travel close to the end date of the old visa, this is a point to check before booking, not after.

Travel and the decision

The Subclass 820 can only be granted while the applicant is in Australia, but not in immigration clearance. A trip that coincides with the decision can delay the grant. Department policy also warns applicants who request a Bridging visa B more than three months before travel that it becomes harder to predict whether the trip will coincide with a decision. For couples who have only just lodged a partner visa before visa expires, the first months after lodgement are usually a poor time for overseas travel, because evidence requests, health examinations and biometrics may arise. Our explainer on Subclass 820 and Subclass 801 explains how the two stages connect.

Partner visa before visa expires: students, visitors and workers

The rules for a partner visa before visa expires are the same for every substantive visa holder, but the practical risks differ by visa type. The points below are the ones that most often arise for each group.

Student visa holders

A student visa is a substantive visa, so a student who lodges in time is eligible for a Bridging visa A. The first check is condition 8534 or condition 8535, because either one makes a partner visa application invalid until it is waived. The second is the end date shown on the grant, which is usually later than the course end date but is the only date that matters. Until the student visa ends, the student must continue to meet its conditions, including enrolment and any work limitation. A student who stops studying before the end date, on the assumption that the partner visa replaces the student visa, risks a cancellation that would remove the bridging visa too.

Visitor visa holders

Visitors are the group most exposed to condition 8503. For a Subclass 600 visa, condition 8503 is mandatory in the Sponsored Family stream, the Approved Destination Status stream, the Frequent Traveller stream and a sponsored Tourist stream application, and discretionary in other Tourist stream and Business Visitor grants. A visitor who wants to lodge a partner visa before visa expires should read the conditions on their own grant notice first. A visitor visa usually carries condition 8101 (no work), which continues until the visitor visa ends, even after the partner application is lodged. Our guide to moving from a visitor visa to a partner visa covers this in detail.

Working holiday, temporary graduate and temporary work visa holders

These visas rarely carry a no further stay condition, but each has its own end date and conditions that continue until that date. Holders of temporary work visas should check whether their employer arrangements will continue until the end date, because a change of employment can affect the old visa. Holders of a Subclass 491 or Subclass 494 visa must first meet the three-year holding period described earlier. For everyone in this group, the advantage of a partner visa before visa expires is that the Bridging visa A for a partner applicant carries no work conditions once it comes into effect.

Applicants already holding a bridging visa from another application

A bridging visa is not a substantive visa. A person whose only visa is a bridging visa from an earlier application is not lodging a partner visa before visa expires in the legal sense, even if that bridging visa is still in effect. In that situation, Schedule 3 criteria may apply and a Bridging visa A may not be available for the partner application. This is a position that needs individual advice before lodging. Our visa refusals team and our article on why Subclass 820 applications are refused explain the risks when the history is complicated.

What if your visa will expire before you are ready?

If your visa will end before your relationship meets the legal requirements, or before a no further stay condition can be waived, lodging a partner visa before visa expires may not be possible, and the options need to be considered carefully and early. Lodging an application that does not meet the time of application criteria is not a solution, because it is likely to be refused.

Options to consider in good time

Depending on the facts, the options may include:

• Applying for another substantive visa that you are eligible for, so that you remain lawful until the relationship meets the test.
• Registering a de facto relationship, where that is available, so that the 12-month rule does not apply.
• Marrying, where the couple genuinely intends to marry and can do so before the end date.
• Leaving Australia before the visa ends and applying offshore for a Subclass 309 partner visa, or a Subclass 300 prospective marriage visa where the couple plans to marry.

Each option has its own criteria, and some have consequences for later applications. The choice should be made before the end date, while all options remain open. Our guide to the Subclass 820 visa requirements and our explainer on preparing evidence of a genuine relationship can help couples plan.

If something goes wrong on the last day

If you attempt to lodge on the last day and cannot complete the application, Department policy recognises that a Bridging visa D may be considered in limited circumstances. Broadly, this applies where a person has tried and been unable to make a valid substantive visa application, will be able to do so within a short period, and is unlawful or holds a visa that is about to cease. This is a safety net, not a plan. It should never be relied on in place of lodging a partner visa before visa expires with time to spare.

If your visa has already expired

This article is written for people who still hold a substantive visa. If your visa has already ended, a partner visa can still be possible, but Schedule 3 criteria and the Bridging visa C or Bridging visa E rules apply, and the assessment is different. Our guide to Schedule 3 partner visa waivers and our Schedule 3 waiver service explain that pathway. Tribunal decisions such as Nguyen (Migration) [2021] AATA 2603 and Zheng (Migration) [2021] AATA 4400, both remitted, turned on applications made more than 28 days after the last substantive visa was held, which shows how much harder the case becomes once the end date has passed. The message for everyone else is simple: a partner visa before visa expires avoids those issues altogether.

Common timing mistakes with a partner visa before visa expires

Most problems with a partner visa before visa expires come from a small number of avoidable errors. Each of the following has caused applications to be made too late, or to be invalid:

• Relying on the course end date, the "must not arrive after" date or a remembered date instead of the end date shown on the grant notice and VEVO.
• Leaving payment until the last day, so that a declined card means no application has been made.
• Forgetting that the time of making is recorded in Australian Capital Territory time.
• Lodging while a condition 8503, 8534 or 8535 is still in effect, which makes the application invalid.
• Lodging as de facto partners before the 12-month period is complete, without registration or another exception.
• Assuming the bridging visa removes the old visa conditions before the old visa ends.
• Leaving Australia on a Bridging visa A without a Bridging visa B.
• Delaying lodgement to wait for police certificates, Form 80 or health examinations that can follow.

Our guides to why partner visas get refused and to responding to a section 57 natural justice letter explain what happens when problems surface later. If an application you have already lodged yourself raises concerns, our article on hiring a lawyer after lodging your own application explains how the firm can step in.

How My Migration Lawyers helps with a partner visa before visa expires

My Migration Lawyers acts for many couples who need to lodge a partner visa before visa expires, often with little time left and with a visa history that needs careful checking first. The firm regularly deals with complex cases, including students and visitors with no further stay conditions, applicants with earlier refusals, de facto couples close to the 12-month mark, and couples who need to decide quickly between an onshore and an offshore pathway. Our work on these matters is led by Weiwei Zhang, Principal Lawyer.

What the firm does on these matters

On a partner visa before visa expires, the firm's work usually includes:

• Confirming the true end date of the current visa and reading its conditions, including any condition 8503, 8534 or 8535.
• Checking immigration history for any section 48 issue, earlier refusals, regional holding periods and sponsorship limitations.
• Assessing whether the relationship meets the spouse or de facto requirements on the planned lodgement date, and whether registration is needed.
• Where a waiver is needed, preparing the request with the client's own evidence, well before the end date.
• Preparing and lodging the combined Subclass 820 and Subclass 801 application with time to spare, and keeping the lodgement records.
• Presenting the client's own account and evidence across the four assessed aspects in the form the law requires, and completing Form 80, police certificates, health examinations and Form 888 declarations after lodgement.
• Advising on the Bridging visa A, when it comes into effect, and whether a Bridging visa B is needed for travel.

You can read more about the firm on our About page, see our full partner visa lawyers service, and read our explainers on when you need an immigration lawyer for a partner visa, partner visa lawyer versus doing it yourself and what an immigration lawyer consultation covers. Our blog and our home page explain the other visas we handle.

Acting for couples across Australia by video

The firm acts for couples anywhere in Australia by video consultation, so the location of the couple does not limit the advice. We act for couples who need a partner visa before visa expires in every state and territory, including through our partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. For couples in Western Australia, timing matters even more, because the time of lodgement is recorded in Canberra time.

If your visa end date is approaching and you want a partner visa before visa expires to be lodged correctly, the earlier the firm reviews your position, the more options remain open. You can also send us your details through our contact page.

Book a consultation or call 1300 040 300.