Key Takeaways
- Arriving in Australia on partner visa status starts with the grant notice: the visa holder must make first entry before the date the Department specified, travel on the passport linked to the visa, and comply with every condition listed on the notice.
- At the border the visa holder goes through immigration clearance, presents the passport the visa is linked to, completes the incoming passenger declaration that applies on that flight, and answers any questions an officer asks truthfully and consistently with the application.
- For a Subclass 309 holder, the Subclass 100 permanent stage is still undecided after arrival, so the household should keep the Department informed of changes and keep building relationship evidence from the first day.
- After arrival the couple should look at Medicare enrolment, a tax file number, the work and study rights on the grant notice and English classes, and should check each one against the official source rather than assume it applies.
- A Subclass 300 Prospective Marriage visa holder must marry the sponsor within the visa period and then apply for the onshore partner visa in Australia, so the wedding date and the lodgement date need to be planned before the flight is booked.
What does arriving in Australia on partner visa status involve?
Arriving in Australia on partner visa status involves three things: making first entry on time and in the way the grant notice requires, clearing the border lawfully, and then setting up a life in Australia that keeps the permanent stage on track. Most couples treat the grant as the finish line. It is not. For the Australian partner and the family waiting at home, the weeks around arriving in Australia on partner visa grounds are when small administrative mistakes can turn into real legal problems.
This guide is written for the Australian partner and for the couple together. It explains what to check in the grant notice, what happens at the airport, what to organise after landing, which changes must be reported, and how to keep evidence for the permanent stage. It also covers the special position of a Subclass 300 Prospective Marriage visa holder, who arrives with a deadline to marry and to lodge a further application.
The guide does not repeat the application process. If the visa has not yet been granted, the complete partner visa guide and the Subclass 309 offshore partner visa page explain the earlier stages. This article starts at the moment the grant email arrives and follows the household through arriving in Australia on partner visa terms and the first months of life together.
Why the arrival stage matters to the whole case
The arrival stage matters because the partner visa is a staged process. A Subclass 309 visa is a temporary visa. The permanent Subclass 100 visa is part of the same combined application and is decided later. That means the relationship, the household and the visa holder's conduct after arriving in Australia on partner visa status will all be looked at again before permanent residence is granted.
A household that understands this from the start can avoid the most common problems. Those problems include travelling on the wrong passport, missing the first entry date, forgetting to report a change of address, and arriving with no plan for collecting evidence. Each of them is avoidable. The partner visa lawyers at My Migration Lawyers see many couples who only learn about these obligations after something has gone wrong, and this guide is designed to prevent that.
Which partner visas involve arriving in Australia on partner visa terms?
Three partner category visas are granted to people outside Australia who then travel here: the Subclass 309 Partner (Provisional) visa, the Subclass 100 Partner (Migrant) visa and the Subclass 300 Prospective Marriage visa. Each one leads to arriving in Australia on partner visa terms, but each one has a different legal effect once the holder lands.
Subclass 309 holders
The Subclass 309 visa is the usual first step for an offshore partner applicant. Under clause 309.511 of Schedule 2 to the Migration Regulations 1994, it lets the holder travel to, enter and remain in Australia until the holder is notified of the decision on the Subclass 100 application, or until that application is withdrawn. In practical terms, the Subclass 309 holder lives in Australia while the permanent stage is pending. Most of this guide is about that situation.
Subclass 100 holders
Some applicants are granted the Subclass 100 visa at the same time as, or soon after, the Subclass 309 visa. This can happen where the couple were in a long-term partner relationship when they applied, under subclause 100.221(5). A person who holds a Subclass 100 visa when arriving in Australia on partner visa grant terms arrives as a permanent resident. The first entry rules still apply, but there is no later permanent stage to prepare for.
Subclass 300 holders
The Subclass 300 Prospective Marriage visa is for a person who intends to marry an Australian citizen, permanent resident or eligible New Zealand citizen. It is a temporary visa. The holder must travel to Australia, marry the sponsor within the visa period and then apply for the onshore partner visa. The Subclass 300 Prospective Marriage visa page explains the visa itself. The arrival obligations for a Subclass 300 holder are covered later in this guide.
Couples whose partner is already in Australia
Some couples ask about arriving in Australia on partner visa status when the applicant is already in Australia on another visa. That is a different pathway. A person in Australia usually applies for the onshore Subclass 820 visa instead. The guide to moving from a tourist visa to a partner visa explains the checks for that situation, including visa conditions that can block an onshore application.
What should the couple check in the grant notice before travel?
Before anyone books a flight, the couple should read the grant notice line by line and check the visa subclass, the grant number, the passport details, the first entry date, the visa period and every condition listed. The grant notice is the legal record of what the visa permits. Everything about arriving in Australia on partner visa grant terms flows from that one document.
The first entry date
The first entry date is the date before which the visa holder must make first entry to Australia. For the Subclass 309 visa, clause 309.611 provides that first entry must be made before a date specified by the Minister for the purpose. Clause 100.611 provides the same for a Subclass 100 holder who is outside Australia at grant, and clause 300.611 provides the same for the Subclass 300 visa. The grant notice usually shows this as a date by which the holder must arrive.
Departmental policy explains that the first entry date is usually set by reference to the validity of the applicant's health examination results and police clearances. That is why the date can be earlier than couples expect. If the medical results were completed some time before grant, the first entry date may be closer than the grant date suggests.
What happens if the first entry date is missed
If the visa holder does not enter by the specified date, the visa does not automatically end. The Department's policy for the Subclass 100 visa states that failing to enter by the date renders the visa liable to be cancelled under paragraph 116(1)(b) of the Migration Act 1958, which deals with non-compliance with a visa condition. The same risk applies in principle to the Subclass 309 and Subclass 300 visas. A couple who cannot meet the first entry date should get advice before the date passes, not after. A missed or nearly missed first entry date needs advice on its own facts, and the visa cancellations service page explains how cancellation powers work.
Condition 8504 and the first entry requirement
Couples often see the number 8504 mentioned in connection with first entry. Condition 8504 in Schedule 8 to the Migration Regulations 1994 says that the holder must enter Australia as the holder of the visa to which the condition applies before a date specified by the Minister. Departmental policy treats the Schedule 2 first entry clause and condition 8504 as separate legal sources with a similar practical effect. What matters to the household is simple: if the grant notice shows a first entry date, whether through the Schedule 2 clause or through condition 8504, the visa holder must arrive before it.
Conditions 8502 and 8515
Two other conditions can appear on partner and prospective marriage grant notices. Condition 8502 says that the holder must not enter Australia before the entry of a person specified in the visa. It is sometimes imposed so that a dependent child does not arrive before the parent who is the main visa holder. Condition 8515 says the holder must not marry or enter into a de facto relationship before entering Australia. It is mandatory for the Subclass 300 visa and may be imposed on secondary applicants for the Subclass 309 visa, such as dependent children.
If either condition is on the grant notice, the family's travel plan must respect it. A child with condition 8502 should not fly ahead of the parent. A Subclass 300 holder with condition 8515 must not hold the wedding overseas before arriving in Australia on partner visa grant terms.
Matching the grant notice to the application
The couple should also check that the grant notice matches the application. The name, date of birth and passport number should be identical to the passport the visa holder will use. If anything is wrong, the error should be raised with the Department through ImmiAccount before travel. The step by step guide to creating an ImmiAccount explains how to access the account if the application was lodged by someone else or the login details have been lost. Where a representative lodged the application, the explanation of Form 956 and Form 956A shows who the Department will correspond with.
Is the visa linked to the right passport for arriving in Australia on partner visa status?
Yes. The visa must be linked to the passport the visa holder travels on. An Australian visa is recorded electronically against a specific passport, and airlines and border systems check that link before boarding and on arrival. Arriving in Australia on partner visa status with a passport that is not linked to the visa can cause delays at check-in and at the border.
Why the passport matters in law
Public interest criterion 4021 in Schedule 4 to the Migration Regulations 1994 requires, in most cases, that the applicant holds a valid passport issued by an official source. Departmental policy says the passport must enable verification of identity and facilitate travel to and from Australia. The visa was granted on the basis of the passport the Department had on file. That passport is the one the visa is linked to.
If the visa holder has a new passport
If the visa holder obtained a new passport after lodging or after grant, the Department must be told so that it can link the visa to the new passport. The Department's website says the quickest way is through ImmiAccount, using the update details function and the change of passport details option. There is also a web form for people who cannot use ImmiAccount. The Department publishes indicative times for updating passport details, and those times can be longer than couples expect. The update should be completed well before arriving in Australia on partner visa grant terms, not at the airport.
Couples sometimes hear that Form 929 is the form for a change of address or passport details. The Department now directs most people to ImmiAccount or the online forms. Whichever channel is used, the household should keep the confirmation and carry it when travelling.
Carrying the old passport
If the passport has been replaced, the visa holder should carry the old passport as well as the new one, especially if the update is recent. The Department's border page refers to travellers carrying any expired documents linked to their visa. The old passport may show earlier travel history that an officer wants to see. It also helps if the airline system has not yet caught up with the new link.
Names, dual nationality and identity documents
If the visa holder holds more than one nationality, the visa holder should travel on the passport that the visa is linked to. If the visa holder's name has changed, for example after a marriage, the new name must match the passport that is presented. Any difference between the application, the passport and the boarding pass should be fixed before travel. Identity inconsistencies are treated seriously, and public interest criterion 4020 deals with bogus documents and false information. The Form 80 guide explains why consistent personal particulars matter across every document lodged with the Department.
Booking travel around the first entry date
Once the grant notice and passport are checked, the couple can book travel. A sensible plan leaves a margin before the first entry date in case a flight is delayed or cancelled. Some families also want the Australian partner to travel overseas to accompany the visa holder. That is a personal choice and has no legal effect, but it can make arriving in Australia on partner visa status less stressful for a visa holder who has never travelled to Australia before.
If the visa holder has dependent children included in the grant, the family should plan to arrive together or in the order any condition 8502 requires. Each child's grant notice should be checked for its own first entry date and conditions, because they are not always identical to the parent's. Planning the trip as a family avoids one person arriving in Australia on partner visa grant terms while another person's visa is left unused.
A practical checklist for the passport
Before booking travel, the household should confirm four things. The passport the visa holder will carry is the one shown on the grant notice or has been linked through ImmiAccount. The passport will remain valid for the intended trip. The names match exactly. The old passport is packed if there has been a change. These checks take minutes and remove one of the most common causes of trouble when arriving in Australia on partner visa grant terms.
What happens at the border when arriving in Australia on partner visa status?
When arriving in Australia on partner visa status, the visa holder must pass through immigration clearance, present a passport and evidence of the visa, complete the passenger declaration required for that flight, and answer any questions an officer asks. Section 166 of the Migration Act 1958 requires a non-citizen entering Australia to present evidence of identity and of a visa to a clearance officer and to provide information the Act or the regulations require. Immigration clearance is completed when those steps are done, as described in section 172.
Immigration clearance and SmartGates
Many travellers with an electronic passport can use SmartGates. The Department says SmartGates use facial recognition and the traveller's electronic passport to check identity. Some travellers are directed to a manual counter instead. A partner visa holder arriving for the first time may be directed to an officer. That is normal and is not a sign of a problem.
The Incoming Passenger Card and the Australia Travel Declaration
The Department's border page says that travellers need to complete and show an Incoming Passenger Card. The card asks about the traveller's identity, intended address, health, character and goods being brought into Australia. It is a legal declaration. The answers must be true.
The Australian Border Force is replacing the paper card with a digital Australia Travel Declaration. The digital declaration started as a pilot with one airline and is being rolled out to more airports over time. The visa holder should check with the airline before departure which form applies on that flight. Whatever form is used, the questions about goods, food, medicines and cash must be answered carefully. Biosecurity declarations are a separate legal obligation, and a wrong answer can lead to penalties.
Questions about the relationship at the border
Officers may ask questions about the purpose of travel and the relationship. A partner visa holder may be asked who the sponsor is, where the couple will live, when they last saw each other and what the visa holder plans to do in Australia. The answers should be truthful, short and consistent with the application. A visa holder who does not understand a question can ask for it to be repeated or can ask for an interpreter.
The Australian partner can help by making sure the visa holder knows the address where they will live and has the sponsor's phone number. A visa holder who is unsure of the home address when arriving in Australia on partner visa grant terms looks less prepared than one who can answer easily.
Can a visa be cancelled at the airport?
Yes. In limited circumstances, the Migration Act 1958 gives the Department power to consider cancelling a visa where a ground for cancellation exists, and some of those powers can be exercised while the person is in immigration clearance. Grounds include providing incorrect information and non-compliance with visa conditions. These situations are uncommon for partner visa holders who travel on time, on the right passport and with consistent information. If a visa holder is told at the airport that cancellation is being considered, the visa holder should ask for the reasons in writing, say that they wish to respond, and contact a lawyer immediately. The visa refusals and cancellations team at My Migration Lawyers acts urgently in these matters, and the guide to urgent immigration lawyer advice explains what to have ready when calling for help.
What documents should be carried when arriving in Australia on partner visa status?
The visa holder should carry the passport linked to the visa, a copy of the grant notice, the sponsor's contact details and home address, and copies of key relationship and identity documents. None of these replaces the electronic visa record, but they help answer questions quickly when arriving in Australia on partner visa status.
The core travel documents
The core documents are the passport, any old passport linked to the visa, the grant notice printed or saved on the phone, and the ImmiAccount confirmation of any passport update. If the visa holder is travelling with dependent children who are also visa holders, each child needs their own passport and grant notice. If a child is travelling with only one parent, consent and custody documents should also be carried.
Relationship and identity documents
It is sensible to carry copies of the marriage certificate, if the couple are married, and a small selection of documents showing the relationship. These might include recent photos together and the address where the couple will live. These documents are not usually requested at the border. They become important later, when the household sets up services in Australia and when the permanent stage is assessed.
The partner visa document checklist lists the documents normally lodged with an application. It is a useful starting point for deciding which originals to bring to Australia rather than leave overseas.
Medical and health documents
If the visa holder signed a health undertaking during processing, the visa holder must follow up with the health authorities after arrival as the undertaking requires. Departmental policy refers to the Medical Officer of the Commonwealth requiring some applicants to sign an undertaking to follow up after arriving in Australia. Any medicines being brought should be declared and carried with prescriptions.
Documents for the Australian partner
The Australian partner should also keep documents ready. These include proof of citizenship or permanent residence and evidence of the home address. Services in Australia may ask both partners to confirm the relationship and the address. Being organised helps with the first appointments after arriving in Australia on partner visa grant terms.
Why does entering Australia on the Subclass 309 matter for the permanent stage?
Entering Australia on the Subclass 309 matters because several protections in the Subclass 100 criteria are written for a person who entered Australia as the holder of a Subclass 309 visa. Arriving in Australia on partner visa status as a Subclass 309 holder therefore has a legal effect beyond simply starting life in Australia.
The standard permanent stage criteria
Under subclause 100.221(2), the standard pathway to the Subclass 100 visa requires the applicant to hold a Subclass 309 visa, to remain in a partner relationship with the sponsor, and to meet the waiting period in that clause. The relationship is assessed again at that point. The partner visa relationship evidence guide explains how the Department assesses whether a relationship is genuine and continuing.
If the relationship ends after arrival
Relationships sometimes end. If a Subclass 309 holder's relationship ends before the Subclass 100 decision, the visa holder may still be able to obtain the permanent visa in some circumstances. Subclause 100.221(4) applies to a person who entered Australia as the holder of a Subclass 309 visa and whose relationship has ended in circumstances involving family violence, or where there are custody, access or similar rights for a child of the relationship. Subclause 100.221(3) deals with the death of the sponsor. These provisions depend on the person having entered Australia on the visa, which is one reason why arriving in Australia on partner visa grant terms is a legally significant event and not only a travel event.
Anyone in that situation should get advice quickly. The family violence partner visa page explains the family violence provisions, and the article on what happens to a partner visa application when the relationship breaks down covers the equivalent onshore rules. Same-sex couples are covered by the same rules, and the firm's LGBTI and same-sex partner visa page explains its work for those couples.
Long absences after arrival
Some couples ask whether the visa holder can arrive briefly and then return overseas for a long period. The Subclass 309 visa permits travel in and out of Australia while it is in effect. However, the relationship is assessed again at the permanent stage, and long periods apart without a clear reason can make it harder to show that the couple live together or do not live separately and apart on a permanent basis. If work, family illness or study will require time apart, the reason should be documented as it happens.
What does the first month look like after arriving in Australia on partner visa status?
The first month after arriving in Australia on partner visa status is usually spent on practical tasks: settling into the home, updating records, opening accounts and starting to build a routine as a couple. The legal tasks are few, but they are important, and doing them early avoids problems later.
A hypothetical household
Consider a hypothetical couple. The Australian partner lives in a rented flat. The visa holder was granted a Subclass 309 visa and has a first entry date some months away. The couple check the grant notice, confirm the passport link, and book a flight well before the first entry date. On arriving in Australia on partner visa grant terms, the visa holder clears immigration at the airport, answers two short questions from an officer, and completes the arrival declaration.
In the first week, the couple add the visa holder's name to the lease, open a joint bank account and update the address in ImmiAccount. In the second week, the visa holder applies for a tax file number and checks Medicare eligibility. In the third week, the visa holder registers interest in English classes. By the end of the month, the couple have a folder for evidence and a simple routine for saving bills, photos and letters. This scenario is hypothetical. It shows how a household can treat arriving in Australia on partner visa status as the first step in preparing the permanent stage rather than the end of the process.
What the hypothetical couple avoided
The hypothetical couple avoided several common problems. They did not travel on an unlinked passport. They did not leave the address update until a letter went missing. They did not wait for the Department to ask for evidence before they began collecting it. They also kept every piece of correspondence in one place, so either partner could find it quickly. These habits cost nothing, and they make the period after arriving in Australia on partner visa grant terms far less stressful.
When the first month does not go to plan
Not every arrival is smooth. Flights are cancelled, family emergencies happen, and some visa holders arrive and find that work or housing takes longer to organise than expected. None of these events changes the visa itself. What matters is that the household keeps the Department informed of changes that affect the application and keeps a record of what happened and why. If something unexpected happens soon after arriving in Australia on partner visa status, such as a serious dispute in the relationship or a contact from the Department that the couple do not understand, advice should be sought early.
What should the household set up after arriving in Australia on partner visa status?
After arriving in Australia on partner visa status, the household should look at Medicare enrolment, a tax file number, a bank account, the visa holder's work and study rights and English classes. Each service has its own eligibility rules, so the household should check each one against the official source rather than assume it applies.
Medicare enrolment
Services Australia says that people who have applied for permanent residence may be eligible to enrol in Medicare, and that conditions apply. A Subclass 309 holder has applied for the permanent Subclass 100 visa as part of the combined application, so many Subclass 309 holders are able to enrol. A Subclass 100 holder is a permanent resident. A Subclass 300 holder has not yet applied for a permanent visa when arriving, and eligibility generally depends on what has been lodged. The household should check current eligibility with Services Australia and take the passport and grant details to the appointment or online enrolment.
Tax file number and banking
A visa holder who has permission to work will need a tax file number before starting employment. The Australian Taxation Office allows eligible visa holders to apply after arriving. Opening a bank account usually requires the passport and proof of address. A joint account also creates evidence of the financial aspects of the relationship, which the Department considers at the permanent stage.
Work and study rights
The grant notice shows any condition limiting work or study. Partner category visas are not usually granted with a work limitation, but the notice is the document to check, not general information online. If the visa holder has dependent children, school enrolment rules vary between states and territories, and the school will usually ask for the child's visa details.
English classes
The Adult Migrant English Program, known as AMEP, offers free English classes to eligible migrants. The Department says a person may be eligible if they are a migrant or humanitarian entrant, subject to the rules of the scheme. Many partner visa holders who do not yet have functional English use these classes in their first years in Australia. The household should check eligibility and any registration requirements with the Department or an AMEP provider soon after arrival.
The sponsor's role in the first months
The Australian partner gave a sponsorship undertaking when the application was lodged. That undertaking includes support for the visa holder in the early period in Australia. The Australian partner is also a central witness to the relationship at the permanent stage. Sponsorship has its own limits, and the partner visa sponsorship limitations page and the article on when a sponsor cannot sponsor a partner visa explain them. For most couples, the practical point is simple. The sponsor should help the visa holder settle, keep records, and keep the Department's correspondence in one place.
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Which changes must be reported after arriving in Australia on partner visa status?
After arriving in Australia on partner visa status, the household should tell the Department about any change that affects the pending permanent application, including a change of address, a new passport, a new child, a change in the relationship and any new character matter. The Department relies on accurate information to decide the permanent stage, and failing to report a change can affect the outcome.
Section 104 and Form 1022
Section 104 of the Migration Act 1958 requires a visa applicant to inform the Department of changes in circumstances that make an answer in the application incorrect. The Department's Form 1022, Notification of changes in circumstances, states that a person who does not comply with section 104 may have their visa cancelled. A Subclass 309 holder is still an applicant for the Subclass 100 visa. The Form 1022 change of circumstances guide explains when the form is used and how to complete it.
If information already given to the Department was wrong, the correct form is different. Form 1023 is used to notify incorrect answers. A household that discovers an error in the original application after arriving in Australia on partner visa grant terms should get advice before lodging anything, because the way an error is explained matters.
Contact details and address
The Department says the quickest way to update contact details is through ImmiAccount. Contact details include email address, phone number and residential or postal address. If the couple move house, the update should be made promptly. The Department sends requests for information to the contact details it holds. A missed email can lead to a missed deadline.
Requests for further information
After arrival, the Department may write asking for more information. These requests have short deadlines that are strictly applied. The guide to responding to a section 56 request for more information explains how to respond. If the Department raises adverse information, it may send a natural justice letter, and the article on the section 57 natural justice letter for a partner visa explains that process.
New children and family members
If a child is born after arriving in Australia on partner visa status, the Department should be told. A child born in Australia to a parent who is an Australian citizen or permanent resident at the time of birth is generally an Australian citizen by birth. Where the sponsor is the parent, that usually applies. Where neither parent is a citizen or permanent resident, the child's status needs separate advice. A new child is also strong evidence of the commitment between the partners, and the Department should know about it before the permanent stage is decided.
How should couples keep relationship evidence from the first day after arriving in Australia on partner visa status?
Couples should start keeping relationship evidence on the day of arriving in Australia on partner visa status, because the Department will assess the relationship again before the permanent visa is granted. Evidence collected as life happens is more persuasive than evidence gathered quickly when the Department asks for it.
The four aspects of the relationship
The Department considers four aspects of the relationship under the Migration Regulations 1994: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. They are aspects the decision maker assesses, not separate statements the couple must write. The guide to preparing evidence of a genuine relationship explains each aspect. For couples who are not married, the de facto partner visa guide explains how de facto relationships are assessed.
Financial aspects after arrival
After arriving in Australia on partner visa grant terms, financial evidence becomes easier to build. A joint bank account, both names on the lease or mortgage, shared bills, joint insurance and records of who pays for what all help. The aim is not to create documents. The aim is to keep a record of how the household already shares money.
The nature of the household
Household evidence shows that the couple live together. Lease documents, utility accounts, mail addressed to both partners at the same address and the enrolment of children at a local school all show the household. If the couple live with family, a letter from the family explaining the arrangement can help.
Social aspects and witnesses
Social evidence shows that the couple present themselves as a couple. Invitations addressed to both partners, photos at family events, joint travel and memberships can all help. Friends and family who know the couple in Australia may later provide Form 888 statements. A Form 888 is a supporting witness statement from an Australian citizen or permanent resident. It is not a statutory declaration. The Form 888 guide explains who can make one, and the article on Form 888 example answers and common mistakes shows what a useful statement contains.
The nature of the commitment
Commitment evidence shows that the couple see the relationship as long-term. Plans made together, wills, superannuation nominations, and the way the couple support each other through difficult events all show commitment. The relationship statement prepared for the application can be updated at the permanent stage to describe life since arrival. There is only one relationship statement, and the partner visa relationship statement guide explains how to write and update it.
When the permanent stage is assessed
The Subclass 100 visa is generally not granted until the waiting period in clause 100.221 has passed since the combined application was lodged. When the permanent stage is ready to be assessed, the Department usually asks for updated information, evidence of the continuing relationship and, in many cases, new police certificates. A household that has kept evidence since arriving in Australia on partner visa status can respond quickly and fully. The Subclass 820 versus Subclass 801 comparison explains the equivalent two-stage structure for onshore applicants, and the 820 partner visa evidence checklist gives a practical list of evidence that is equally useful at the Subclass 100 stage.
What must Subclass 300 holders do after arriving in Australia on partner visa grant terms?
A Subclass 300 holder must marry the sponsor within the visa period and then apply for the onshore partner visa while in Australia. Condition 8519 requires the holder to enter into the marriage in relation to which the visa was granted within the visa period. For a Subclass 300 holder, arriving in Australia on partner visa grant terms starts a fixed timetable.
Planning the wedding before the flight
Under the Marriage Act 1961, a Notice of Intended Marriage must be given to the authorised celebrant within a minimum period before the wedding. That means the couple cannot simply arrive and marry the next day. The wedding date, the celebrant and the notice should be planned before arriving in Australia on partner visa grant terms. The marriage must also be valid for the purposes of the Migration Act 1958. Condition 8515 means the couple must not marry before the visa holder enters Australia.
Lodging the Subclass 820 and Subclass 801 application
After marrying, the Subclass 300 holder applies for the Subclass 820 and Subclass 801 visas as a combined application in Australia. Subclause 820.211(6) applies to an applicant who holds a Subclass 300 visa, has married the sponsoring partner under a marriage recognised as valid, is sponsored by the spouse and continues to be the spouse. The Subclass 820 visa guide, the complete Subclass 820 partner visa guide and the onshore partner visa explainer explain that application in detail.
The application should be lodged while the Subclass 300 visa is still in effect. A valid onshore application usually brings a bridging visa that keeps the applicant lawful while the application is processed. The explanation of bridging visas in Australia and the Bridging Visa A guide explain how that works. The article on working while a Subclass 820 application is pending covers work rights during that period, and the Bridging Visa B guide explains travel outside Australia while waiting.
If the Subclass 300 visa ends before lodgement
If the Subclass 300 visa ends before the onshore application is lodged, the person may become an unlawful non-citizen. Subclause 820.211(5) can assist a person who last entered Australia as a Subclass 300 holder, married the sponsor and then ceased to hold a substantive visa, but the couple should not plan to rely on it. Other applicants without a substantive visa must meet the Schedule 3 criteria unless there are compelling reasons not to apply them. The Schedule 3 criteria guide, the Schedule 3 partner visa waiver article and the Schedule 3 waivers service page explain the risk. The simple answer is to lodge on time.
If the wedding does not go ahead
If the couple decide not to marry, or the wedding cannot take place within the visa period, the visa holder needs advice straight away. The options depend on the facts, including whether the relationship continues as a de facto relationship. The article on whether 12 months of de facto relationship is needed for a Subclass 820 visa explains one part of that assessment.
What are the common mistakes when arriving in Australia on partner visa status?
The most common mistakes when arriving in Australia on partner visa status are travelling on a passport that is not linked to the visa, missing the first entry date, failing to report a change of address, letting relationship evidence lapse, and, for Subclass 300 holders, leaving the wedding and onshore lodgement too late. Each of these mistakes is avoidable with planning.
Treating the grant as the end of the process
For a Subclass 309 holder, the grant is the halfway point. The permanent stage is still to come. Couples who stop keeping records after arriving in Australia on partner visa grant terms can find themselves gathering evidence in a hurry when the Department asks for it.
Giving inconsistent information
Information given at the border, to Services Australia, to employers and to the Department should be consistent. A different address, a different relationship history or a different date of marriage can lead to questions. The article on why partner visas get refused and the article on the most common reasons Subclass 820 visas are refused show how inconsistency is treated.
Ignoring a refusal risk at the permanent stage
If the Department refuses the permanent stage, review rights may exist. Review deadlines are short and strictly applied. The partner visa refusals page, the article on partner visa refusal appeal options and the guide to what to expect at the Administrative Review Tribunal after a refusal explain the process. The article on applying for a partner visa after a visa refusal covers the position where an earlier refusal exists.
Waiting too long to get advice
Many households only seek advice when a letter arrives. Advice is usually more useful before the problem. The article on hiring an immigration lawyer after lodging your own application explains how a lawyer can take over a matter that is already underway. The article on when you need an immigration lawyer for a partner visa and the comparison of a partner visa lawyer versus doing it yourself can help a couple decide what level of help they need. Couples who already have a representative but are unsure about the advice can read about getting a second opinion from an immigration lawyer.
How My Migration Lawyers helps couples after arriving in Australia on partner visa status
My Migration Lawyers helps couples at the arrival and post-arrival stage by checking the grant notice and conditions before travel, resolving passport and first entry issues, keeping the Department informed of changes, and preparing the household for the permanent stage from the first months in Australia. The firm handles complex partner visa matters of this exact type, acts in many matters at the arrival and permanent stages, and is capable of handling the problems that arise when a household is arriving in Australia on partner visa grant terms. No firm can promise an outcome, and My Migration Lawyers does not.
What the firm does before travel
Before travel, the firm reviews the grant notice, the first entry date and each visa condition against the application on file. Where the visa holder has a new passport, the firm arranges the update to the visa record and confirms the link before the flight is booked. Where the first entry date is close, the firm advises on the options before the date passes. For Subclass 300 holders, the firm maps the timetable from arrival to the wedding and to the onshore lodgement.
What the firm does after arrival
After arrival, the firm notifies the Department of changes in circumstances, updates contact details, and responds to any request for information within the deadline. Where a relationship ends, or family violence is involved, the firm advises on the provisions that may still allow the permanent visa to be granted. The firm presents the client's own account and evidence in the form the law requires.
Preparing the permanent stage
For Subclass 309 holders, the firm prepares the permanent stage well before the Department asks. That work includes organising evidence under the four aspects of the relationship, updating the relationship statement, arranging Form 888 statements and checking police certificates. For Subclass 300 holders, the firm prepares and lodges the Subclass 820 and Subclass 801 application after the marriage. The firm's Subclass 820 visa service page explains that stage.
Where the firm acts
Weiwei Zhang is the Principal Lawyer of My Migration Lawyers. The About My Migration Lawyers page explains how the firm works, and the partner visa lawyers page describes the full partner visa service. The firm acts for couples across Australia, including through its partner visa lawyers in Sydney, partner visa lawyers in Melbourne, partner visa lawyers in Brisbane, partner visa lawyers in Perth, partner visa lawyers in Adelaide, partner visa lawyers in Canberra, partner visa lawyers on the Gold Coast, partner visa lawyers in Hobart and partner visa lawyers in Parramatta. Consultations are by video, so location does not limit who the firm can help. The article on booking an immigration lawyer consultation explains what happens in the first meeting, and the article on fixed-fee immigration lawyers explains how fixed-fee engagements work.
Book a consultation about arriving in Australia on partner visa status
If your partner's visa has been granted, or you are planning the move, a consultation before travel can prevent problems that are hard to fix later. My Migration Lawyers can review the grant notice, the passport link, the first entry date and the plan for the permanent stage. Book a Consultation to speak with the firm about arriving in Australia on partner visa status. You can also call 1300 040 300.
Frequently Asked Questions
What should I check first when arriving in Australia on partner visa grant terms?
The first thing to check is the grant notice. It shows the visa subclass, the passport the visa is linked to, the first entry date and every condition on the visa. The visa holder must arrive before the first entry date, travel on the linked passport and comply with each condition. Any error in the name, date of birth or passport number should be raised with the Department through ImmiAccount before travel, not at the airport.
Is there a deadline for arriving in Australia on partner visa status?
Yes. The Subclass 309, Subclass 100 and Subclass 300 visas each require first entry before a date specified by the Department, and that date is shown on the grant notice. It is often linked to the validity of the health examinations and police clearances. Missing the date does not end the visa automatically, but it makes the visa liable to cancellation for breach of a condition. Advice should be obtained before the date passes.
Can I use a new passport when arriving in Australia on partner visa status?
Yes, but only after the Department has linked the visa to the new passport. Visas are recorded electronically against a passport, and airlines and border systems check that link. The update can be made through ImmiAccount or the Department's online form. It should be completed well before the flight. The visa holder should carry both the new passport and the old passport, together with the confirmation of the update.
What documents should I carry when arriving in Australia on partner visa status?
The visa holder should carry the passport linked to the visa, any old passport linked to it, a copy of the grant notice, the sponsor's address and phone number, and copies of key relationship documents such as a marriage certificate. Children travelling with the visa holder need their own passports and grant notices. Medicines should be carried with prescriptions and declared. Original identity documents are worth bringing rather than leaving overseas.
Will I be questioned about my relationship at the airport?
Yes. Border officers can ask about the purpose of travel, the sponsor, where the couple will live and the relationship. The answers should be truthful, short and consistent with the application. A visa holder who does not understand a question can ask for it to be repeated or ask for an interpreter. Knowing the home address and having the sponsor's contact details ready makes the process easier.
Do I need to fill in an Incoming Passenger Card when arriving in Australia on partner visa status?
Yes. Travellers must complete the arrival declaration that applies on their flight. That has traditionally been the paper Incoming Passenger Card, and a digital Australia Travel Declaration is being introduced at more airports over time. The declaration is a legal document. Questions about health, character, goods, food, medicines and cash must be answered truthfully. The airline can confirm which form applies before departure.
Can a partner visa be cancelled when I land in Australia?
Yes, but only in limited circumstances. The Migration Act 1958 allows the Department to consider cancellation where a ground exists, such as incorrect information or breach of a visa condition, and some of those powers can be used during immigration clearance. This is uncommon for visa holders who arrive on time, on the linked passport and with consistent information. Anyone told that cancellation is being considered should ask for reasons and seek legal advice immediately.
Can I enrol in Medicare after arriving in Australia on partner visa status?
Yes. Most partner visa holders can enrol, but it depends on the visa. Services Australia says people who have applied for permanent residence may be eligible, and conditions apply. A Subclass 309 holder has applied for the permanent Subclass 100 visa, and a Subclass 100 holder is a permanent resident. A Subclass 300 holder's position generally depends on whether an onshore partner application has been lodged. Eligibility should be confirmed with Services Australia.
Can I work straight away after arriving in Australia on partner visa status?
Yes. In most cases the visa holder can work. Partner category visas are not normally granted with a condition that limits work, but the grant notice is the document that decides the question. The visa holder will need a tax file number before starting work, which can be applied for after arrival. If the grant notice shows any work condition, advice should be obtained before accepting employment.
Are English classes available after arriving in Australia on partner visa status?
Yes. The Adult Migrant English Program, known as AMEP, offers free English classes to eligible migrants, and many partner visa holders use it. Eligibility and registration requirements are set by the Department and its providers. The household should check the current rules soon after arrival, because English skills help with work, study and everyday life in Australia.
Do I need to tell the Department if we move house after arriving?
Yes. The Department sends letters and requests to the contact details it holds, so a change of address, email or phone number should be updated promptly through ImmiAccount. A Subclass 309 holder is still an applicant for the permanent Subclass 100 visa, so other changes that affect the application, such as a new child or a change in the relationship, should be notified using Form 1022.
What evidence should we keep after arriving in Australia on partner visa status?
Couples should keep evidence of the four aspects of the relationship: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. Joint accounts, a shared lease, bills in both names, photos at events, invitations and records of plans made together all help. Evidence kept from the first day is more persuasive than evidence gathered quickly when the Department asks for it.
What happens if our relationship ends after arriving in Australia on partner visa status?
The Department should be told, and advice should be obtained quickly. In some cases the permanent visa can still be granted. Clause 100.221 contains provisions for a person who entered Australia as a Subclass 309 holder where the relationship ended because of family violence, where there are custody or access rights for a child of the relationship, or where the sponsor has died.
When does a Subclass 300 holder have to marry after arriving in Australia?
A Subclass 300 holder must marry the sponsor within the visa period. Condition 8519 requires it. The couple must not marry before the visa holder enters Australia, because condition 8515 prohibits it. A Notice of Intended Marriage must be given to the celebrant a minimum period before the wedding, so the date should be planned before travel. After the marriage, the onshore partner visa application should be lodged before the Subclass 300 visa ends.
Can a Subclass 309 holder leave Australia after arriving?
Yes. The Subclass 309 visa permits travel to and from Australia while it is in effect. However, the relationship is assessed again before the permanent visa is granted. Long periods apart without a clear reason can make it harder to show the couple live together or do not live separately and apart on a permanent basis. Reasons for any time apart, such as work or family illness, should be documented as they happen.
Does the sponsor have obligations after arriving in Australia on partner visa status?
Yes. The Australian partner gave a sponsorship undertaking when the application was lodged, and that undertaking includes support for the visa holder in the early period in Australia. The sponsor is also a central witness to the relationship at the permanent stage. In practice, the sponsor should help the visa holder settle, keep household records and keep the Department's correspondence organised.
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.
