Partner Visa Bridging Visa Travel Emergency: Urgent Requests

Written by
Weiwei Zhang, Principal Lawyer at My Migration Lawyers
Weiwei Zhang
Principal Lawyer
Published
October 8, 2026
39 min read
Reading Time
39 min read
Table Of Contents

Key Takeaways

  • Partner visa emergency travel is only safe on a Bridging B visa (Subclass 020) granted before departure, because a Bridging A visa ceases when the holder leaves Australia and gives no right to return.
  • Only a person who holds a Bridging A or Bridging B visa can apply for a Bridging B visa. Subclass 820 applicants on a Bridging C or Bridging E visa have no Bridging B pathway.
  • The Department must be satisfied the reasons for travel are substantial, meaning real and important, so a medical letter with diagnosis and prognosis, or death and funeral evidence, plus proof of the family relationship and translations should be attached.
  • The travel facility period cannot be extended. If it ends while the applicant is overseas, the Bridging B visa ceases and a new one cannot be applied for from outside Australia.
  • A Subclass 820 visa cannot be granted while the applicant is overseas, and a review application after a refusal must be made from inside Australia, so returning on time protects the partner visa.

What is partner visa emergency travel?

Partner visa emergency travel means leaving Australia urgently while a Subclass 820 application is still being processed, because a family member overseas is dying or seriously ill, has died, or because another urgent matter needs the applicant in person. In almost every case, partner visa emergency travel is only safe if the applicant holds a Bridging B visa (Subclass 020) before boarding the plane. A Bridging A visa does not let the holder come back. If the applicant leaves on a Bridging A visa, that visa ends at the border and the right to return ends with it.

This guide deals only with emergencies. It explains who can apply for a Bridging B visa at short notice, what the Department of Home Affairs means by "substantial reasons" for travel, how to apply in ImmiAccount, what evidence to attach when a parent is in hospital or a funeral is days away, and what happens to the Subclass 820 application while the applicant is overseas. It also explains the risks that most couples do not see until it is too late: a return date that cannot be extended, a decision made on the partner visa while the applicant is abroad, and a refusal of the Bridging B visa itself.

For the general rules about the Bridging B visa, including routine travel for holidays or work, see the guide to the Bridging B visa and how to apply. For an overview of every bridging visa class, see bridging visas in Australia explained. This article stays on the emergency: speed, evidence and the return.

Why partner visa emergency travel needs its own plan

A partner visa emergency travel request is different from a holiday request in three ways. The applicant has very little time. The evidence is often hard to get, because a hospital overseas may not issue letters quickly and a death certificate may not exist yet. And the emotional pressure leads people to book flights before the visa is granted. That last mistake is the one that causes the most damage, and it cannot be undone once the person has left Australia. Couples who lodged the partner visa themselves can still get help with partner visa emergency travel at this stage. The guide to hiring an immigration lawyer after lodging your own application explains how a lawyer steps into a file that is already with the Department.

Who can apply for a Bridging B visa in a partner visa emergency travel situation?

A person can apply for a Bridging B visa only if they hold a Bridging A visa or a Bridging B visa at the time of application, under clause 020.211 of Schedule 2 to the Migration Regulations 1994. For a Subclass 820 applicant, this usually means a person who lodged the onshore partner visa while holding a substantive visa, such as a visitor, student or work visa, and who was then granted a Bridging A visa (Subclass 010) in association with the partner visa application.

The applicant must also satisfy subclause 020.212(2). In plain terms, the person must have made a valid application in Australia for a substantive visa that can be granted in Australia, that application must not be finally determined, the person must wish to leave and re-enter Australia while it is processed, and the reasons for travel must be substantial. A Subclass 820 application lodged in Australia meets the first part. The Subclass 820 onshore partner visa is lodged at the same time and place as the Subclass 801 permanent visa, so the bridging visa is linked to both applications.

Item 1302 of Schedule 1 adds the validity rules. The applicant must be in Australia, must not be in immigration clearance, must have been immigration cleared, and must not be in immigration detention or criminal detention. The visa application charge must be paid when the application is made. Clause 020.411 then requires the applicant to be in Australia when the Bridging B visa is granted. That is why a partner visa emergency travel application must be lodged and granted before departure. There is no arrangement for a Bridging B visa to be granted automatically.

Bridging A visa holders

Most people who ask about partner visa emergency travel hold a Bridging A visa. The guide to the Bridging A visa and its travel limits explains why that visa is a visa to remain in Australia, not a visa to travel. Under subsection 82(8) of the Migration Act 1958, a Bridging A visa that is in effect ceases when the holder leaves Australia. It cannot be reactivated later. The Bridging B visa is the only bridging visa that carries a travel facility. That is why every partner visa emergency travel plan starts with it. The guide to when you need an immigration lawyer for a partner visa explains where advice changes the outcome.

Bridging C and Bridging E visa holders cannot get a Bridging B visa

A person who holds only a Bridging C visa (Subclass 030) or a Bridging E visa cannot be granted a Bridging B visa, because clause 020.211 requires the applicant to hold a Bridging A or Bridging B visa. This affects many partner visa applicants. A person who lodged a Subclass 820 application after their last substantive visa had ended, often relying on the Schedule 3 criteria for applicants without a substantive visa, will usually hold a Bridging C visa or a Bridging E visa, not a Bridging A visa.

For these applicants, partner visa emergency travel is a very serious decision. If they leave Australia, their bridging visa ends. They have no right to come back. They would need to apply for and be granted a new visa from overseas, and a Subclass 820 visa cannot be granted while the applicant is outside Australia. The guide to Schedule 3 partner visa waivers explains why their position in Australia is already more fragile, and the firm's Schedule 3 waiver partner visa service deals with these files. Anyone in this group should get advice before booking any flight.

Applicants who still hold their earlier substantive visa

Some Subclass 820 applicants still hold the visa they had when they lodged, for example a student or work visa that has not yet expired. In that case the Bridging A visa is held but not yet in effect. If the substantive visa allows travel and will still be in effect on return, the person may be able to travel on it. The Department's own policy notes that a Bridging B visa may still be wise if the substantive visa could expire while the person is overseas. In a partner visa emergency travel situation, the expiry date of the current visa must be checked before relying on it.

What does "substantial reasons" mean for partner visa emergency travel?

Substantial reasons are reasons that are real, actual and important, because the Migration Regulations do not define "substantial" and the Department applies its ordinary meaning. The decision maker must be satisfied that the reason is important and that it is true. Every partner visa emergency travel application is assessed on both parts.

The Department's procedural instruction for the Subclass 020 visa gives examples of reasons that can be substantial. They include visiting a seriously ill family member, relative or close friend, and attending the funeral of a family member, relative or close friend. These are the core emergency reasons. This applies whether the relationship is a marriage or a de facto partner visa relationship, because the test looks at the reason for travel, not the type of partner visa. The same instruction uses the example of a sick parent: the reason may be important, but the decision maker must also be satisfied that the parent is in fact outside Australia and in fact ill or injured. That is why evidence matters so much in a partner visa emergency travel request.

Reasons that usually qualify

A dying or seriously ill parent, child, sibling, grandparent or partner's family member is a common reason. So is a death and funeral. Other urgent matters can also be substantial, such as resolving the custody of a child, signing documents that only the applicant can sign in person, or urgent family duties after a death. The list in the policy is a guide only. It is not a closed list.

Reasons that are weaker in an emergency request

A request that is described as an emergency but reads like a holiday will be weaker. So will a request where the relationship to the sick person is unclear, the medical evidence is vague, or the dates do not match the stated need. A partner visa emergency travel request should explain who the person is, why the applicant must be there in person, and why now.

The test applies at application and at decision

The applicant must have substantial reasons when the application is made and must still have them when the decision is made, under clause 020.221. If a family member dies before the decision and the reason changes from a hospital visit to a funeral, the Department should be told in writing straight away, with the new evidence.

Partner visa emergency travel: the other criteria a Bridging B visa must meet

A Bridging B visa also requires that the applicant's return to Australia would not be contrary to the public interest, and that the applicant holds a valid passport under Public Interest Criterion 4021. These criteria are often overlooked in the rush of partner visa emergency travel, and either one can lead to a refusal.

Return not contrary to the public interest

Clause 020.213 looks at the applicant's later return to Australia, not their current stay. The Department considers the destination, the purpose of the travel, the possibility of exposure to infectious disease and any current health condition that could become a public health risk on return. Form 1006 asks for the destination for this reason. Giving the full destination and purpose helps the decision maker deal with this criterion quickly.

A valid passport

Clause 020.223 requires the applicant to satisfy Public Interest Criterion 4021. In practice, the applicant must hold a valid passport that has not expired, was issued by an official source and is in the form issued. If the passport is close to expiry, it may also cause problems with airlines and with re-entry. If the applicant has a new passport, the Department must have the new details before the bridging visa is decided. The guide to Form 80 and personal particulars explains why identity details must match across every form.

Character matters and bail

A Bridging B visa can be refused on character grounds under section 501 of the Migration Act. If an applicant has been charged with an offence and is on bail, the Department will want to know the bail conditions and whether travel overseas is allowed. A partner visa emergency travel request should not be lodged without dealing with this first. Character issues can also affect visas already held, which the firm's visa cancellations service deals with.

Children travelling with the applicant

Family members can combine their Bridging B applications and pay one charge, but each person must have substantial reasons to travel. If a child is travelling, the Department's policy is to consider who has custody and whether everyone with parental responsibility consents. Where the other parent is not travelling, written consent or evidence of sole custody should be attached.

Should you book flights before the Bridging B visa is granted?

No. A partner visa emergency travel plan should never involve leaving Australia before the Bridging B visa has been granted and the grant notice has been read. If the applicant leaves on a Bridging A visa while the Bridging B application is still undecided, the Bridging A visa ceases on departure and the Bridging B visa cannot be granted, because clause 020.411 requires the applicant to be in Australia at the time of grant.

Many families buy a refundable or changeable ticket while the application is being decided. That is a practical choice for the family, but the visa grant must come first. The Department's policy says a Bridging B application should be decided as soon as possible, taking into account the intended travel arrangements. That is not a promise of a decision by any particular date.

A hypothetical example

Consider a hypothetical applicant who holds a Bridging A visa with a Subclass 820 application under assessment. Her father is admitted to intensive care overseas. She lodges a Bridging B application on a Monday with a hospital letter, and books a flight for Wednesday. On Wednesday morning, the visa has not been granted. If she boards the flight, her Bridging A visa ends when she leaves, the Bridging B application fails, and she has no visa to return. If she waits, she may be granted the Bridging B visa a short time later and travel safely. In partner visa emergency travel, waiting for the grant is almost always the right decision, even when it is painful. A short immigration lawyer consultation before booking can prevent this mistake.

Telling the case officer about the urgency

The bridging visa application itself should state clearly that the travel is urgent and why. Where the Subclass 820 application has an allocated case officer, it can also help to tell the Department through ImmiAccount that an urgent bridging visa application has been lodged. The guide to creating and using an ImmiAccount explains where correspondence is sent and read. Contact details should be current, because the grant notice will go to the address the Department holds.

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How do you apply for partner visa emergency travel in ImmiAccount?

A partner visa emergency travel application is made by applying for a Bridging B visa online in ImmiAccount, using the online version of Form 1006, while the applicant is physically in Australia. Item 1302 of Schedule 1 allows four approved forms: Form 1005, Form 1005 (Internet), Form 1006 and Form 1006 (Internet). Departmental policy encourages Form 1006, because it captures the travel details, the destination and the payment information that the decision maker needs. In an emergency, the online form is the practical choice.

The application must be complete when it is lodged. That means the visa application charge is paid, the intended departure date and return date are given, the destination is stated, and the evidence of the emergency is attached. A partner visa emergency travel application that arrives with no evidence forces the Department either to ask for more information or to decide on what it has. Both outcomes cost time that the family does not have.

Step 1: check the bridging visa held

Before anything else, confirm which bridging visa is held and whether it is in effect. If the applicant holds a Bridging C or Bridging E visa, the Bridging B route is not available, as explained above. If the applicant holds a Bridging A visa in association with the Subclass 820 application, the route is open. The guide to working while waiting for a Subclass 820 visa explains how the Bridging A visa is linked to the partner application.

Step 2: check the passport

Confirm the passport is valid and that the Department holds its current details. If a new passport has been issued since the partner visa was lodged, update the details first. A mismatch between the passport held and the passport on record can delay the grant and cause problems at the airport.

Step 3: write a short, clear statement of reasons

The statement should say who is ill or has died, how that person is related to the applicant, where they are, what the medical situation is, why the applicant must attend in person, and the dates needed. It should be factual and short. A decision maker reading a partner visa emergency travel request needs to find the facts in seconds. An experienced partner visa lawyer can usually draft this statement quickly from the facts the family gives.

Step 4: attach the evidence

Attach the medical or death evidence, proof of the family relationship, and certified translations of anything not in English. The next section explains each item.

Step 5: lodge, then wait for the grant

Lodge the application, keep the acknowledgement, and do not leave Australia until the grant notice arrives. Couples weighing whether to handle a partner visa emergency travel request alone can read the guide to partner visa lawyer vs doing it yourself. Read the grant notice carefully. It sets out the travel facility period and the events that would end the visa.

What evidence should a partner visa emergency travel request include?

The core evidence for a partner visa emergency travel request is proof that the emergency is real and proof that the person overseas is a family member or someone important to the applicant. The decision maker must be satisfied that the reason is both important and true, and the evidence is how that is shown.

When a family member is seriously ill

A letter from the treating doctor or hospital is the most useful document. It should be on letterhead, dated, signed, and include the patient's name, the diagnosis, the current condition, the prognosis and, if possible, a statement that the patient is in a serious or critical condition. A letter that says only "the patient is unwell" proves very little. Hospital admission records or a recent discharge summary can support the letter.

When a family member has died

A death certificate is the strongest evidence. In many countries a death certificate is not available for days or weeks. In that case, a funeral notice, a letter from the funeral home, a hospital record of death, or a notice from a religious or community body can be attached, with a short explanation of why the certificate is not yet available. The Department's policy accepts that evidence may not always be available when a person must travel at short notice to a funeral. In those cases the decision maker is expected to use judgement on the information available. That is a fallback, not a reason to send nothing.

Proof of the family relationship

The applicant must show how they are related to the sick or deceased person. Birth certificates usually do this for a parent. For a sibling, both birth certificates showing the same parents may be needed. For a grandparent, a chain of birth certificates may be needed. Where the person is the sponsoring partner's family member, the evidence should show the partner's link to that person and the couple's relationship. The guide to partner visa relationship evidence covers how the couple's own relationship is usually proved, and the guide to preparing evidence of a genuine relationship explains how documents are organised. The same discipline helps in a partner visa emergency travel request.

Translations

Every document not in English should be translated. A translation should identify the translator and confirm it is accurate. An untranslated hospital letter may not be read at all, and in a partner visa emergency travel situation there is no time for a second round.

Travel details

A flight itinerary or booking for a changeable ticket helps show the dates requested are real and fit the emergency. The requested return date should match the purpose. A request to attend a funeral and stay for a long period, without explanation, may raise questions.

A note about honesty

Every document must be what it says it is. Public Interest Criterion 4020 applies to the Subclass 820 application, and a bogus document or false information given to the Department in a related application can damage the partner visa itself. The partner visa document checklist explains why consistent, accurate documents matter across the whole file.

How long can you stay overseas on partner visa emergency travel?

You can stay overseas only for the travel facility period shown on the Bridging B grant notice, and you must be back in Australia before that period ends. The decision maker decides the length of the travel facility case by case. The Department's policy is for decision makers to ask for the approximate departure and return dates, and to check that the time away is consistent with the person's circumstances and does not exceed the expected remaining processing time for the partner visa.

The travel facility can be set to a specific date, or it can run until an event that ends the Bridging B visa. The grant notice will say which. In a partner visa emergency travel case, the safest course is to read the date on the notice, not the date the applicant asked for.

Why the return date matters so much

The travel facility period cannot be extended once the Bridging B visa is granted. Under subsection 82(5) of the Migration Act, if the travel facility period ends while the holder is outside Australia, the Bridging B visa ceases. A new Bridging B visa cannot be applied for from overseas, because the applicant must be in Australia to make a valid application. A person who is stranded overseas after the travel facility ends has no bridging visa and no right to return. They would need a new substantive visa to come back.

That is the single most serious risk in partner visa emergency travel. A family member's condition may change. A funeral may be delayed. Flights may be cancelled. None of these events extends the travel facility. If there is any doubt about how long the emergency will last, the requested period should allow for it, with an explanation.

Leaving again after the travel facility ends

If the travel facility period ends while the person is back in Australia, the Bridging B visa still lets them remain in Australia. But it no longer lets them travel. Under subsection 82(6), if the person then leaves Australia without a new Bridging B visa, the visa ceases on departure. A second emergency needs a second Bridging B application.

A hypothetical example

Consider a hypothetical applicant granted a Bridging B visa with a travel facility ending in four weeks, to visit his seriously ill mother. His mother dies in the third week and the funeral is set for the fifth week. If he stays for the funeral, his travel facility ends while he is overseas and his Bridging B visa ceases. He cannot fix this from overseas. His partner visa emergency travel plan needed to anticipate this, or he needed to return before the travel facility ended and seek fresh advice in Australia.

What happens to your Bridging A visa when the Bridging B visa is granted?

When the Bridging B visa is granted, the Bridging A visa held in association with the same Subclass 820 application ceases to be in effect immediately. This is set out in the Department's policy on the effect of a Bridging B grant on a Bridging A or Bridging B visa already held. From the moment of grant, the Bridging B visa is the visa that keeps the applicant lawful in Australia and lets them travel.

Work rights on the Bridging B visa

For an applicant whose Subclass 820 or Subclass 801 application is not finally determined, no conditions can be imposed on the Bridging B visa, under paragraph 020.611(1)(b). This means the applicant does not lose work rights by moving from a Bridging A visa to a Bridging B visa for partner visa emergency travel. Any condition recorded in error has no legal effect, but the record should still be corrected.

If the Bridging B visa is refused

If the Bridging B visa is refused, the Bridging A visa already held continues. The applicant remains lawful in Australia. What the applicant must not do is leave anyway, because the Bridging A visa would then cease on departure and there would be no visa to return on.

Section 48 and continuous presence

Subsection 48(3) of the Migration Act treats a person who leaves and re-enters Australia on a bridging visa as having been continuously in the migration zone. If a section 48 bar applied before the trip, it still applies after the return. Partner visa emergency travel does not reset an applicant's history. The rule is the same on every partner visa pathway, including an LGBTI partner visa. The guide to a partner visa after a visa refusal explains when section 48 affects partner visa applicants.

The Subclass 820 application during partner visa emergency travel

The Subclass 820 application continues to be processed while the applicant is overseas, and the Department can send requests or make a decision during the absence. A partner visa emergency travel trip does not pause the partner visa. The applicant's obligations under the Migration Act continue the whole time.

Requests for information while away

The Department may send a request for further information under section 56 or a natural justice letter under section 57. These letters set short response periods that are strictly applied. The guides to responding to a section 56 request and a section 57 natural justice letter for a partner visa explain what each requires. An applicant who is overseas dealing with a death may not see an email for days. Someone in Australia should be watching for correspondence.

Interviews, health checks and police checks

If the Department wants to interview the couple, or asks for health examinations or police certificates, it will set a timeframe. An applicant who is overseas should tell the Department of their travel dates and ask whether any requirement can be met from where they are or rescheduled. Ignoring a request because the applicant is overseas can lead to a decision on the information held.

Contact details and authorised recipients

Before leaving, the applicant should make sure the Department has a working email address. Where a representative acts, Form 956 appoints the representative, and Form 956A can appoint an authorised recipient to receive correspondence. The guide to Form 956 and Form 956A explains the difference.

Changes in circumstances

If something changes during the trip that makes an answer in the application incorrect, such as a new address or a change in the household, the Department must be told in writing. The guide to Form 1022 and changes of circumstances explains when the form is needed.

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What happens if the Subclass 820 is decided while you are overseas?

A Subclass 820 visa cannot be granted while the applicant is outside Australia, because clause 820.411 requires the applicant to be in Australia, but not in immigration clearance, at the time of grant. This is the hidden risk in partner visa emergency travel. If the case officer is ready to grant the visa while the applicant is abroad, the visa cannot be granted until the applicant returns.

The Department's policy for the Subclass 820 visa says that, if the applicant is outside Australia, the decision maker should generally refuse the visa, but may defer the decision under section 54 of the Migration Act if the absence is only temporary and every other criterion is met. The policy treats a temporary absence as reasonable in many cases, and lists a serious medical condition of an immediate family member as a circumstance that may justify a longer absence. Deferral is a discretion, not a right. An applicant on partner visa emergency travel should tell the Department of the return date so the case officer knows the absence is temporary.

Why the return date protects the partner visa

If the applicant does not return by the date agreed with the Department, the policy says the applicant should be told in writing that a decision will be made, and that if they remain overseas the visa will be refused for failing clause 820.411. In other words, overstaying the planned absence can turn an approvable partner visa into a refusal. For the full picture of how the onshore and permanent stages fit together, see the guide to Subclass 820 vs Subclass 801.

Health and character checks may need repeating

The same policy notes that deferring a decision can mean health and character checks must be done again, because under policy they are treated as current for a limited time. A long partner visa emergency travel absence can therefore add steps to the application when the applicant returns.

What if the partner visa is refused while you are overseas?

If the Subclass 820 application is refused while the applicant is overseas, the applicant must be physically in Australia to apply to the Administrative Review Tribunal for review. The Migration Act requires a review application of this kind to be made by a person who is physically present in the migration zone. The Administrative Review Tribunal replaced the Administrative Appeals Tribunal on 14 October 2024, and this physical presence rule continues to apply.

This creates a race against time in partner visa emergency travel. The Bridging B visa does not end at the moment of refusal. It ceases a short period after the refusal decision, under subparagraph 020.511(1)(b)(ii). If the travel facility is still running, the applicant may be able to return to Australia on the Bridging B visa during that short window and then lodge a review application while physically present. The review deadline is short and strictly applied. The guide to ART review after a visa is refused explains what happens after a review is lodged.

Returning quickly is often the only way to keep review rights

If the applicant stays overseas until the Bridging B visa ceases, they lose the ability to return on it, and they cannot apply for review from overseas. They would then need to consider an offshore partner visa, such as the Subclass 309 offshore partner visa, which means a new application, new evidence and a new charge. For people who can still act, the options after a refusal are set out in the guide to partner visa refused appeal options, and the firm's partner visa refusals service handles these matters.

Why refusals happen during an absence

A refusal while overseas often follows a request that was not answered in time, or a natural justice letter that sat unread. Other refusals relate to the relationship itself. The guides to why partner visas get refused and common Subclass 820 refusal reasons explain the patterns. A partner visa emergency travel plan should include someone in Australia who will check correspondence every day.

What are your options if the partner visa emergency travel request is refused?

If the Bridging B visa is refused, the applicant keeps the Bridging A visa, stays lawful in Australia, and has a small number of options: fix the gaps and apply again, seek review of the refusal, or arrange for someone else to travel. Leaving Australia without a Bridging B visa is not a safe option for a Subclass 820 applicant who wants the partner visa granted.

Apply again with stronger evidence

Most Bridging B refusals in emergencies come down to evidence: a vague medical letter, no proof of the family relationship, untranslated documents, or a period of travel that does not match the stated reason. A fresh partner visa emergency travel application that fixes the gap may be decided on a better footing. The refusal notice should be read closely to see exactly what the decision maker was not satisfied about. A second opinion from an immigration lawyer can identify the gap quickly.

Review of the Bridging B refusal

A refusal of a Bridging B visa is a Part 5 reviewable decision, so it can be reviewed by the Administrative Review Tribunal. In a true emergency, review is rarely fast enough to help with the trip itself. It may still matter if the refusal raises findings that could affect the partner visa. Where a tribunal decision itself involves a legal error, the firm's judicial review service may be relevant. The guide to when you need a visa appeal lawyer explains the review process, and the firm's visa refusals service covers refusals beyond partner visas.

The sponsoring partner travels instead

In many families, the Australian citizen or permanent resident partner can travel without any visa issue. Where the applicant cannot get a Bridging B visa in time, the sponsor may be able to attend the hospital or funeral on behalf of the couple. This is not the same as being there, but it protects the partner visa.

What happens if the applicant leaves without a Bridging B visa

If a Bridging A visa holder leaves Australia, the Bridging A visa ceases on departure. The applicant has no visa to return. Any new visa, such as a visitor visa, must be applied for from overseas and may be refused. The Subclass 820 application remains, but it cannot be granted while the applicant is offshore. If the applicant later returns on another visa, conditions on that visa, such as a "no further stay" condition, can create new problems. The guide to Subclass 820 and condition 8503 and the guide to moving from a tourist visa to a partner visa in Australia show why that path is risky.

Partner visa emergency travel for applicants who are not on a Bridging A visa

Applicants who hold a Bridging C or Bridging E visa face the hardest choice, because the law gives them no Bridging B pathway at all. For these applicants, partner visa emergency travel almost always means leaving Australia with no right to return, and the Subclass 820 application cannot be granted while they are overseas.

The decision is personal. Some people decide that being with a dying parent matters more than the partner visa. Others decide to stay. Before anyone in this position leaves, they should understand what would happen next: whether an offshore partner visa is realistic, whether earlier immigration history would affect a new application, and what evidence of the relationship would carry over. The firm's partner visa lawyers give this advice before the decision is made, not after.

Relationship breakdown and family violence during an emergency

An emergency overseas can put a relationship under strain. If the relationship ends while the applicant is away, the Subclass 820 application is affected and the Department must be told. The guide to what happens if the relationship breaks down during a Subclass 820 application explains the position, and the firm's family violence partner visa service helps applicants where the family violence provisions may apply.

Partner visa emergency travel: a practical summary

A safe partner visa emergency travel plan follows a fixed order: confirm the bridging visa held, confirm the passport, gather the evidence, lodge the Bridging B application, wait for the grant, read the travel facility date, arrange for correspondence to be monitored, and return before the travel facility ends. Each step protects the Subclass 820 application.

The evidence should be prepared to the same standard as the partner visa itself. The 820 partner visa evidence checklist and the guide to the partner visa relationship statement show the standard the Department expects across the file. If friends or family will support the relationship later, the guide to Form 888 for partner visas explains those supporting witness statements.

For the wider picture of the onshore pathway, the Subclass 820 partner visa guide, the guide to 820 visa requirements and how to apply and the complete guide to partner visas in Australia cover the rest of the process. Couples considering the offshore route can also read about the Subclass 300 Prospective Marriage visa.

How My Migration Lawyers prepares urgent Bridging B applications for partner visa emergencies

My Migration Lawyers handles complex partner visa emergency travel matters, including urgent Bridging B applications where a family member is critically ill or has died, and acts in many bridging visa and partner visa matters of this kind. The firm is capable of preparing an emergency application quickly while protecting the Subclass 820 application behind it. No lawyer can promise that a Bridging B visa will be granted, or granted by a particular day, and the firm does not make that promise.

When a partner visa emergency travel request comes in, the firm works through the same steps on every file. First, it confirms which bridging visa the applicant holds, whether it is in effect, and whether the Bridging B pathway is available at all. If the applicant holds a Bridging C or Bridging E visa, the firm says so at once and explains the consequences of leaving. Second, it checks the passport details held by the Department and the status of the Subclass 820 application, including any open requests. Third, it tells the client exactly which documents to get from the hospital, the funeral home or the family overseas, and what the medical letter needs to say: the diagnosis, the condition and the prognosis.

Fourth, the firm prepares a short submission that sets out the substantial reasons for travel, the family relationship and the dates, in the order a decision maker reads them. Fifth, it sets a requested travel period that fits the emergency and leaves a margin, because the travel facility cannot be extended. Sixth, the firm lodges the application and, where appropriate, tells the Department that the request is urgent. Seventh, while the client is overseas, the firm can act as authorised recipient and watch for requests, natural justice letters or a decision on the partner visa, so that nothing is missed during the absence. If the Bridging B visa is refused, the firm reviews the refusal and advises on a fresh application or other options the same way.

The firm is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers and its partner visa lawyers service. The firm advises clients across Australia, including through its partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, Gold Coast, Canberra, Hobart and Parramatta pages. Consultations are held by video, so location is not a barrier in an emergency. You can also send details through the contact page. For what to have ready before the first conversation, see urgent immigration lawyer advice.

Book a consultation about partner visa emergency travel

If a family member overseas is seriously ill or has died and you hold a bridging visa with a Subclass 820 application in progress, get advice before you book a flight. My Migration Lawyers can review your bridging visa, prepare the evidence and lodge an urgent Bridging B application for your partner visa emergency travel. Book a Consultation. You can also call 1300 040 300.

Frequently Asked Questions

Can I travel overseas for an emergency while my partner visa is being processed?

Yes, but only if you hold a Bridging B visa that was granted before you leave Australia. Partner visa emergency travel on a Bridging A visa is not safe, because the Bridging A visa ceases when you depart and you would have no visa to come back on. Apply for the Bridging B visa in ImmiAccount, attach evidence of the emergency, and wait for the grant notice before you fly.

Who is eligible for a Bridging B visa for partner visa emergency travel?

You are eligible to apply if you hold a Bridging A or Bridging B visa, your Subclass 820 application was made in Australia and is not finally determined, and your reasons for travel are substantial. You must be in Australia when you apply and when the visa is granted. You also need a valid passport, and your return must not be contrary to the public interest.

I hold a Bridging C visa. Can I apply for a Bridging B visa?

No. The law requires a Bridging B applicant to hold a Bridging A or Bridging B visa, so a Bridging C visa holder cannot be granted one. If you leave Australia on a Bridging C visa, it ceases and you have no right to return. Your Subclass 820 visa also cannot be granted while you are overseas. Get advice before making any travel decision.

What counts as a substantial reason for partner visa emergency travel?

A substantial reason is one that is real and important. Department policy gives examples such as visiting a seriously ill family member, relative or close friend, and attending the funeral of a family member, relative or close friend. The decision maker must also be satisfied the reason is true, so evidence of the illness or death and of your relationship to the person is essential.

What should the doctor's letter say for a partner visa emergency travel request?

The letter should be on hospital or clinic letterhead, dated and signed by the treating doctor. It should name the patient, state the diagnosis, describe the current condition and give the prognosis. A statement that the condition is serious or critical helps. A short note saying only that the patient is unwell gives the decision maker very little to rely on.

What if the death certificate is not available yet?

You can attach other evidence of the death and the funeral, such as a hospital record of death, a funeral home letter or a funeral notice, and explain why the certificate is not yet available. Department policy accepts that evidence may be hard to obtain when travel is at short notice. Send the certificate later if the Department asks for it.

Do my documents need to be translated?

Yes. Any document that is not in English should be translated, and the translation should identify the translator and confirm it is accurate. In partner visa emergency travel there is rarely time for the Department to ask for translations and wait for them, so attach them when you lodge. Untranslated medical letters are a common reason for delay.

Can I book my flight before the Bridging B visa is granted?

You can book a changeable ticket, but you must not leave Australia until the Bridging B visa is granted. If you leave while the application is still undecided, your Bridging A visa ceases on departure and the Bridging B visa cannot be granted, because you must be in Australia at the time of grant. Read the grant notice before you go to the airport.

Can the Bridging B travel period be extended if I am delayed overseas?

No. The travel facility period cannot be extended once the Bridging B visa is granted. If it ends while you are outside Australia, the visa ceases and you cannot apply for a new Bridging B visa from overseas. Ask for a period that fits the emergency with a margin, explain why, and return before the date on the grant notice.

What happens to my Bridging A visa when the Bridging B visa is granted?

Your Bridging A visa ceases to be in effect as soon as the Bridging B visa linked to the same partner visa application is granted. The Bridging B visa then keeps you lawful in Australia and lets you travel during the travel facility period. For Subclass 820 and Subclass 801 applicants, no conditions can be imposed on the Bridging B visa.

Can my Subclass 820 visa be granted while I am overseas on partner visa emergency travel?

No. A Subclass 820 visa can only be granted while the applicant is in Australia. If the case officer is ready to decide while you are away, Department policy allows a decision to be deferred where the absence is temporary, but this is a discretion. Tell the Department your return date and come back on time to protect the application.

What if my partner visa is refused while I am overseas?

You must be physically in Australia to apply to the Administrative Review Tribunal for review of a Subclass 820 refusal. Your Bridging B visa ceases a short period after the refusal, so if your travel facility is still running you may be able to return and lodge a review application in time. The review deadline is short and strictly applied, so act immediately.

What if the Department sends me a request while I am away?

You must still respond within the time the request allows. Section 56 requests and section 57 natural justice letters set short response periods that are strictly applied. Before partner visa emergency travel, make sure the Department has a working email address, and consider appointing a representative or authorised recipient so someone in Australia is watching for correspondence.

What can I do if my partner visa emergency travel request is refused?

You keep your Bridging A visa and remain lawful in Australia. You can read the refusal to see what evidence was missing and apply again with a stronger application. A Bridging B refusal can also be reviewed by the Administrative Review Tribunal, although review is usually too slow for an urgent trip. Do not leave Australia without a Bridging B visa.

Can my children travel with me on a Bridging B visa?

Yes, family members can combine their Bridging B applications and pay one charge, but each person must have substantial reasons to travel. If a child is travelling and one parent is staying behind or is not part of the application, Department policy looks at custody and consent. Attach written consent from the other parent or evidence of sole custody.

Does partner visa emergency travel affect a section 48 bar?

No. A person who leaves and returns to Australia on a bridging visa is treated as having been continuously in the migration zone. If a section 48 bar applied to you before the trip, it still applies after you return. Partner visa emergency travel does not change your immigration history or the visas you can apply for onshore.

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

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

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