Partner Visa Conditions: Rights and Obligations

Partner visa conditions are the legal rules attached to each visa a person holds on the way to permanent residence through a relationship. This guide explains which partner visa conditions apply to the temporary Subclass 820 visa, the permanent Subclass 801 visa, the Subclass 300 Prospective Marriage visa and the bridging visas held during processing, and which obligations bind every applicant even where no condition is listed.

Many couples assume that partner visa conditions are the same at every stage. They are not. The temporary partner visa granted in Australia has no conditions at all. The Prospective Marriage visa has strict marriage conditions. A bridging visa may have no conditions, but it may not yet be in effect. And the visa held before applying can still restrict work, study or the right to apply. Understanding partner visa conditions at each step protects the application and the visa that follows.

For the full picture of how these visas fit together, see the firm's complete guide to partner visas in Australia. For work rights during processing in particular, the article on working while waiting for a Subclass 820 visa explains the bridging visa position in more detail. This article takes a wider view: every condition and obligation that can affect the couple, from lodgement to permanent residence.

What are partner visa conditions?

Partner visa conditions are the conditions listed in Schedule 8 of the Migration Regulations 1994 that the law attaches to a particular visa. Each condition has a four-digit number, such as 8101, 8503 or 8519. Schedule 2 of the Regulations states, for each visa subclass, which conditions must be imposed, which may be imposed and which cannot be imposed.

A visa condition is a legal obligation. It is not a suggestion. If the holder does not comply with a condition, the visa can become liable to cancellation. This is why partner visa conditions should be checked as soon as a visa is granted, and checked again whenever the holder moves from one visa to another.

Partner visa conditions fall into three broad groups.

• Conditions on the partner visa itself. These are the conditions, if any, attached to the Subclass 820, Subclass 801 or Subclass 300 visa.
• Conditions on bridging visas. These apply while the application is being processed in Australia.
• Conditions on the earlier visa. These come from the visitor, student, work or other visa held before the partner visa application was made.

There is also a fourth group that is often confused with partner visa conditions: legal obligations under the Migration Act 1958 that apply to every applicant and visa holder, even though they are not Schedule 8 conditions. These include the duty to notify changes in circumstances and the duty to correct incorrect answers. They are covered later in this article.

Partner visa conditions at each stage of the journey

The partner visa process in Australia usually involves several visas, one after another. Partner visa conditions change as the person moves through them. The usual sequence for a couple applying in Australia is set out below.

• The visa held at lodgement. This may be a visitor visa, a student visa, a work visa or another substantive visa. Its conditions continue to apply until it ends.
• The bridging visa. A person who lodges a valid onshore application while holding a substantive visa is usually granted a Bridging Visa A. It comes into effect when the earlier visa ends.
• The temporary Subclass 820 visa. This is granted when the first stage is approved. It has no visa conditions.
• The permanent Subclass 801 visa. This is generally assessed about two years after the combined application was lodged. It is a permanent visa with a travel facility.

For couples who start offshore with a Prospective Marriage visa, the sequence begins with the Subclass 300 Prospective Marriage visa, which has its own strict partner visa conditions, and then moves to the onshore Subclass 820 and 801 partner visa after the marriage. The offshore Subclass 309 and 100 partner visa has its own rules, which are outside the scope of this article.

The firm's Subclass 820 partner visa guide to requirements sets out the eligibility rules for the first stage. The two stages of the onshore process are explained in the article comparing Subclass 820 and Subclass 801. The key point for partner visa conditions is that the rules at the bridging stage, the temporary stage and the permanent stage are different, and a person can move between them without realising that the rules have changed.

Does the temporary Subclass 820 partner visa have conditions?

No. The temporary Subclass 820 visa has no visa conditions. Subdivision 820.6 of Schedule 2 to the Migration Regulations 1994 does not provide for any condition to be imposed, and the Department's own procedural instruction states that no visa conditions may be imposed on a Subclass 820 visa.

This is one of the most misunderstood points about partner visa conditions. Some people believe the temporary partner visa limits work, study or travel. It does not. Once the Subclass 820 visa is granted, the holder is not subject to any Schedule 8 condition on that visa. The Department of Home Affairs describes the temporary partner visa as allowing partners and spouses to live and work in Australia while their permanent visa is processed.

The absence of conditions does not mean the absence of obligations. The holder must still notify changes in circumstances, must still maintain the relationship on which the visa was granted, and must still meet the character requirements. Those obligations are explained later in this article. The firm's guide to the Subclass 820 visa explains the temporary visa more generally.

Work rights on the Subclass 820 visa

Because there are no partner visa conditions on the Subclass 820 visa, there is no visa condition limiting work. The holder can generally work for any employer, in any job, for any number of hours. There is no work condition such as 8101 or 8105 on this visa.

Other laws still apply. Some occupations require registration or a licence under state or professional rules. Couples who want these points checked before they act often start by reading about partner visa lawyers in Australia. Those requirements come from outside migration law and are not partner visa conditions.

Study on the Subclass 820 visa

The Subclass 820 visa has no condition limiting study. The holder can generally study in Australia without the study conditions that apply to visitor visas. Access to particular courses, government loans or domestic fee arrangements depends on the rules of the education provider and the relevant government scheme, not on partner visa conditions. Those rules should be checked directly with the provider.

Travel on the Subclass 820 visa

The Subclass 820 visa permits the holder to travel to, enter and remain in Australia until the Subclass 801 application is decided or withdrawn. This comes from clause 820.511. In practical terms, the holder can generally leave Australia and return while the visa remains in effect.

There is one important timing point. The Subclass 820 visa can only be granted while the applicant is in Australia. Clause 820.411 requires the applicant to be in Australia, but not in immigration clearance, when the visa is granted. An applicant who is overseas when the Department is ready to decide the temporary visa may face delay or refusal. Department policy allows a decision to be deferred in some cases where the absence is temporary, but a deferral is not guaranteed. The permanent Subclass 801 visa, by contrast, can be granted whether the applicant is in or outside Australia.

Partner visa conditions while the application is being processed

Most onshore applicants spend a significant period on a bridging visa before the Subclass 820 visa is granted. The partner visa conditions that apply during that period depend on which bridging visa is held and whether it is in effect. The firm's overview of bridging visas in Australia explains the different classes.

The Bridging Visa A for partner visa applicants

A person who holds a substantive visa and lodges a valid application for the Subclass 820 and 801 visas in Australia is usually granted a Bridging Visa A. Under paragraph 010.611(1)(c) of Schedule 2 and the legislative instrument made under it, a Bridging Visa A associated with a Subclass 820 and 801 application is granted with no conditions.

This means the bridging visa itself does not restrict work or study. It is one of the few bridging visas that carries no partner visa conditions at all. The firm's article on the Bridging Visa A explains how this bridging visa works more generally.

Why the conditions of your current visa still apply

A Bridging Visa A does not come into effect on the day it is granted if the applicant still holds another substantive visa. It comes into effect when that substantive visa ends. Until then, the applicant remains on the earlier visa, and the conditions of the earlier visa continue to apply.

This is where many people make a serious mistake about partner visa conditions. A visitor who lodges a partner visa application may receive a bridging visa with no conditions on the same day. But if the visitor visa is still in effect, condition 8101, which prohibits work, still applies. Working before the visitor visa ends would breach that condition, even though the bridging visa has no work restriction.

The same applies to a student visa. A student visa holder who lodges a partner visa application remains subject to the student visa's work and study conditions until the student visa ends. The partner visa conditions on the bridging visa do not override the conditions on the visa that is still in effect. The holder should check the grant notice for the bridging visa and the expiry date of the current visa before changing their work or study arrangements.

Travelling on a Bridging Visa A: the Bridging Visa B

A Bridging Visa A ends when the holder leaves Australia. If an applicant leaves Australia on a Bridging Visa A alone, they may have no visa to return on. That can leave the applicant offshore while their onshore application is being processed, which creates serious problems for the Subclass 820 grant.

To travel and return, the applicant should apply for and be granted a Bridging Visa B before leaving. A Bridging Visa B allows the holder to leave and return within the travel period stated in the grant. A Bridging Visa B associated with a Subclass 820 and 801 application is also granted with no conditions under the same legislative instrument. The holder must return within the travel period. If they do not, the Bridging Visa B ends and they cannot use it to return.

Travel during processing should always be planned with the Subclass 820 grant in mind, because the applicant must be in Australia when that visa is granted.

Bridging Visa C and Bridging Visa E holders

A person who did not hold a substantive visa when they lodged the partner visa application does not receive a Bridging Visa A. Depending on their circumstances, they may hold a Bridging Visa C or a Bridging Visa E. These bridging visas are not covered by the nil conditions instrument for partner visa applicants in the same way, and they may carry partner visa conditions that restrict work.

Where a Bridging Visa C or Bridging Visa E carries a condition preventing work, the holder may be able to apply for a further bridging visa without that condition if they can show a compelling need to work, which is a defined term in the Regulations. Neither a Bridging Visa C nor a Bridging Visa E allows the holder to leave Australia and return. A person in this position should take advice before travelling, because leaving Australia can end the bridging visa and affect the application.

Applicants without a substantive visa at lodgement must also generally satisfy the Schedule 3 criteria, unless they are waived for compelling reasons. The firm's article on Schedule 3 criteria for unlawful applicants and the Schedule 3 waiver page explain these requirements.

Conditions on the visa held before applying

The visa a person held before applying for a partner visa can affect the application in two ways. It can affect whether a valid onshore application can be made at all, and it can restrict what the person can do until it ends. These earlier partner visa conditions are often overlooked because they appear on a different visa.

Condition 8503 and other No Further Stay conditions

Condition 8503 is a No Further Stay condition. While it applies, the holder cannot be granted most substantive visas in Australia, including a partner visa. The Department lists conditions 8503, 8534, 8535 and 8540 as No Further Stay conditions. They are commonly imposed on visitor visas and some other temporary visas.

A No Further Stay condition can only be waived in limited circumstances. Broadly, the holder must show that, since the visa was granted, compelling and compassionate circumstances have developed over which the holder had no control and that resulted in a major change to their circumstances. A genuine relationship is not, of itself, a reason to waive the condition. The waiver request is made on Form 1447, and the request must be decided before a valid partner visa application can be made in Australia.

The Department's own form warns that lodging a waiver request does not allow the holder to remain lawfully in Australia if their visa expires while the request is being decided. This is one of the most serious practical risks of the partner visa conditions that come from an earlier visa. The firm's article on applying for a Subclass 820 visa with a No Further Stay condition explains the waiver process in detail.

Work conditions on the earlier visa: 8101, 8104, 8105 and others

Many temporary visas carry work conditions. Visitor visas commonly carry condition 8101, which prohibits work. Student visas carry work conditions that limit work in different ways. Some work visas limit the holder to a particular employer or occupation.

These conditions continue to bind the holder until the earlier visa ends, even after a partner visa application is lodged. As explained above, the Bridging Visa A with nil conditions does not come into effect until the earlier visa ends. A person who starts work in breach of condition 8101, believing the partner visa application gave them permission to work, risks cancellation of the visa they hold.

Where a person moved from a visitor visa to a partner visa, the article on moving from a tourist visa to a partner visa in Australia explains the other issues to check before applying.

Study conditions on visitor visas: condition 8201

Visitor visas commonly carry condition 8201. This condition allows the holder to study or train for no more than three months. A visitor visa holder who lodges a partner visa application remains subject to condition 8201 until the visitor visa ends. Enrolling in a longer course before the bridging visa comes into effect can breach that condition.

Skilled regional visas and substantial compliance

Some partner visa conditions are not conditions at all in the Schedule 8 sense, but criteria that look back at how the applicant complied with an earlier visa. Clause 820.212 is one example. If the applicant holds, or last held, certain skilled regional visas, including the Subclass 491 and Subclass 494 visas, they must have substantially complied with the conditions of that visa. The Department explains that the purpose is to stop holders avoiding the requirement to live, work and study in regional Australia by moving to a partner visa.

Separate time limits also apply to some skilled regional visa holders before they can apply for the Subclass 820 visa. A regional visa holder considering a partner visa should check their compliance history and those time limits before lodging.

Earlier non-compliance and future applications

A history of breaching conditions does not automatically stop a partner visa. But it can matter in other ways. It can be relevant where Schedule 3 must be waived, it can lead to cancellation of the earlier visa, and a cancellation can affect the applicant's immigration status. Non-compliance with partner visa conditions on earlier visas should be identified and addressed before lodgement, not discovered by the Department during processing. Where Schedule 3 applies, the article on the Schedule 3 partner visa waiver explains how compelling reasons are assessed, and the firm's visa cancellations page explains what happens when an earlier visa is cancelled.

Subclass 300 Prospective Marriage visa conditions

The Subclass 300 Prospective Marriage visa is the partner visa with the strictest conditions. It is granted to a person outside Australia who intends to come to Australia to marry their prospective spouse. Its partner visa conditions are designed to make sure the marriage takes place, and takes place in Australia, within the time the visa allows.

Condition 8519: marry within the visa period

Clause 300.612 makes condition 8519 mandatory for a primary applicant. Condition 8519 provides that the holder must enter into the marriage in relation to which the visa was granted within the visa period of the visa.

This is the central Subclass 300 partner visa condition. The marriage must be to the person named as the prospective spouse in the application, and it must take place before the visa ends. If the marriage does not take place in time, the holder breaches condition 8519. The Department's policy notes that a breach of condition 8519 may prevent a former Subclass 300 holder from relying on certain provisions in clause 820.211 when applying for the Subclass 820 visa.

Condition 8515: do not marry before entering Australia

Condition 8515 is also mandatory for a Subclass 300 primary applicant. It provides that the holder must not marry or enter into a de facto relationship before entering Australia. A couple who marry overseas after the Subclass 300 visa is granted, but before the holder travels to Australia, breach condition 8515.

This condition often surprises couples who want a ceremony in the home country before travelling. Where a ceremony is planned overseas, its legal effect should be checked before the visa holder travels, because a marriage before entry is a breach of the partner visa conditions on the Subclass 300 visa.

Condition 8502 and the first entry date

Clause 300.613 allows condition 8502 to be imposed on a primary applicant. Condition 8502 provides that the holder must not enter Australia before the entry of a person specified in the visa. It is a discretionary condition, so it does not appear on every Subclass 300 visa.

Every Subclass 300 visa also has a first entry date under clause 300.611. The holder must make their first entry to Australia before that date. Department policy is that the first entry date should generally be no more than 12 months from grant. The first entry date and the visa period both appear in the grant notice and should be checked against the planned wedding date.

Conditions for secondary applicants on a Subclass 300 visa

Dependent children and other members of the family unit included in a Subclass 300 application are secondary applicants. Clause 300.614 makes condition 8520 mandatory for them. Condition 8520 provides that the relevant person who holds the Subclass 300 visa as the primary applicant must enter into the marriage within the visa period. Clause 300.615 allows conditions 8502 and 8515 to be imposed on secondary applicants as well.

The effect is that the secondary applicants' visas depend on the primary applicant's marriage taking place in time. A breach by the primary applicant can affect the whole family's visas.

What happens after the Subclass 300 marriage

After the marriage, the Subclass 300 holder can apply in Australia for the Subclass 820 and 801 visas. The Department's policy states that a breach of condition 8515 or 8519 is not a relevant factor in assessing paragraph 820.211(6)(a), and that cancellation of the Subclass 300 visa after the Subclass 820 application has been made has no effect on the outcome of that application. Policy also says there should be few situations in which the Department would cancel a Subclass 300 visa for breach of a condition after the Subclass 820 application is made.

This does not make the Subclass 300 partner visa conditions unimportant. A breach before the Subclass 820 application is made can lead to cancellation, and a cancelled visa can leave the holder without a substantive visa when they apply. The safest course is to comply with every Subclass 300 condition and to lodge the onshore application promptly after the marriage. Where a Subclass 300 visa has already been refused or cancelled, the guide on when you need a visa appeal lawyer explains the review process.

A note on the offshore Subclass 309 visa

The offshore Subclass 309 visa has a first entry date and can carry discretionary entry conditions, but its conditions are covered in the firm's separate material on that visa.

The permanent Subclass 801 visa: conditions and the travel facility

The Subclass 801 visa is a permanent visa. The Department's procedural instruction for the Subclass 801 visa does not list any visa conditions for it, and the permanent partner visa does not carry the kinds of partner visa conditions that restrict work or study. The holder can live, work and study in Australia permanently.

The five-year travel facility

Clause 801.511 provides that the Subclass 801 visa is a permanent visa permitting the holder to travel to and enter Australia for five years from the date of grant. This is often called the travel facility. The permanent stage itself is generally assessed about two years after the combined application was lodged, and the article on how long the onshore Subclass 820 partner visa takes explains the stages of processing.

The permanent visa itself does not end after five years. The holder can remain in Australia as a permanent resident. What ends is the right to travel to and enter Australia on that visa. A permanent resident who wants to leave Australia and return after the travel facility has ended generally needs a Resident Return visa or another visa that permits entry. Many permanent partner visa holders later become eligible to apply for Australian citizenship, which removes the need for a travel facility, but citizenship has its own requirements that should be checked separately.

Where the Subclass 801 visa can be granted

Clause 801.411 allows the Subclass 801 visa to be granted while the applicant is in Australia or outside Australia. This is different from the Subclass 820 visa, which must be granted in Australia. A Subclass 820 holder who is overseas when the permanent stage is decided is not prevented from being granted the Subclass 801 visa simply because of their location.

Partner visa conditions do not end the relationship obligations

The permanent visa has no ongoing requirement to remain in the relationship after grant in the same way the temporary visa does. But the permanent visa can still be cancelled on grounds that apply to all visas, including character grounds and incorrect information given in the application. Accuracy at every stage of the process remains important even after permanent residence is granted. The firm's guide to immigration lawyers in Australia explains when legal advice is worth obtaining at this stage.

Partner visa conditions for couples across Australia

Partner visa conditions apply in the same way wherever the couple lives. My Migration Lawyers acts for partner visa clients nationally, and consultations are held by video. Couples in New South Wales often first read the firm's pages for partner visa lawyers in Sydney and partner visa lawyers in Parramatta, while couples in Victoria and Queensland often start with partner visa lawyers in Melbourne and partner visa lawyers in Brisbane.

Obligations that are not partner visa conditions

Some of the most important rules for partner visa applicants and holders are not partner visa conditions at all. They come from the Migration Act 1958 and apply whether or not any Schedule 8 condition is attached. Because the Subclass 820 visa has no conditions, these obligations are the main legal rules that bind a temporary partner visa holder.

Notifying changes in circumstances: section 104 and Form 1022

Section 104 of the Migration Act 1958 requires an applicant to tell the Department in writing if their circumstances change so that an answer given in the application becomes incorrect. The Department's policy gives examples such as the relationship ending, the birth or death of a family member, or a change in marital or relationship status. Changes are usually notified with Form 1022 or through the update tools in ImmiAccount.

A new address, a new passport, a new job, the birth of a child and a change in the relationship are all common examples. The firm's article on Form 1022 change of circumstances explains when it should be lodged. The obligation continues throughout processing, including the long period between the temporary and permanent stages.

Correcting incorrect answers: section 105 and Form 1023

Form 1023 is the Department's form for notifying incorrect answers. It is used where information already given was wrong when it was given, rather than where circumstances have changed since. A wrong date, an omitted trip or an earlier visa application that was not disclosed are examples. The obligation to correct incorrect answers continues even after a visa is granted.

Correcting an error promptly is far better than waiting for the Department to find it. The firm's Form 80 guide explains how personal history answers are compared with the rest of the file, and why inconsistencies matter.

Notifying the end of the relationship

Where the relationship ends during processing, the Department expects to be told. Its partner visa information refers to the Notification of Relationship Cessation form in ImmiAccount. Ending the relationship does not always end the application. The family violence provisions, the death of the sponsor and arrangements for children can each allow an application to continue in some circumstances. The firm's article on what happens if the relationship breaks down during a Subclass 820 application and its page on family violence provisions for partner visas explain these options.

Health undertakings

Partner visa applicants must meet the health requirement. In some cases, the Department may ask an applicant to sign a health undertaking, which is a written promise to contact a health authority after arrival or grant and to attend any follow-up required. A health undertaking is not a Schedule 8 partner visa condition, but it is a commitment made to the Department and should be complied with.

Character and the integrity requirement

Every partner visa applicant must meet the character requirements and the public interest criteria, including public interest criterion 4020, the integrity criterion. These continue to matter after grant. A visa can be cancelled on character grounds under section 501 of the Migration Act 1958, and incorrect information given in an application can lead to cancellation after grant. These are not partner visa conditions, but they bind every holder.

Keeping your contact details and representative details up to date

The Department sends requests, natural justice letters and decisions to the contact details on file, or to the authorised recipient. An applicant who appointed a representative with Form 956 or Form 956A should make sure those details stay current. Missing a section 56 request for more information because an email address changed can lead to a decision being made without the information.

How to check your partner visa conditions

Partner visa conditions should never be assumed. They should be checked in writing, from an official source, every time a new visa is granted.

The grant notice

Every visa grant notice lists the visa subclass, the grant date, the visa period and the conditions, if any. For a bridging visa, the grant notice also explains when the bridging visa comes into effect. The grant notice for a Subclass 820 visa should show no conditions. The grant notice for a Subclass 300 visa should show conditions 8515 and 8519 for the primary applicant and the first entry date.

VEVO

Visa Entitlement Verification Online, known as VEVO, is the Department's free online service for checking visa details. It shows the visa currently in effect and its conditions. VEVO is especially useful during the bridging stage, because it shows whether the earlier substantive visa or the bridging visa is the visa currently in effect. That answers the most common question about partner visa conditions during processing: which conditions apply today.

ImmiAccount

The partner visa application, correspondence, requests and grant notices are all held in ImmiAccount. The firm's guide on how to create an ImmiAccount explains how to set up access. ImmiAccount is also where changes of circumstances are usually notified and where the Department's requests appear.

When the records do not match

Occasionally, VEVO, the grant notice and the applicant's understanding of their partner visa conditions do not match. A condition prescribed by law applies even if it is not recorded correctly in the Department's systems. Any mismatch should be raised with the Department and checked against the Regulations, not ignored.

What happens if partner visa conditions are breached

A breach of a visa condition is serious. It can lead to cancellation of the visa, loss of lawful status and, in some cases, consequences for future applications.

Cancellation under section 116

Section 116 of the Migration Act 1958 gives the Minister a general power to cancel a visa on a range of grounds. One ground is that the holder has not complied with a condition of the visa. Another is that the circumstances which permitted the grant of the visa no longer exist. For example, the Department's policy states that a failure to enter Australia by the first entry date makes a visa liable to cancellation under paragraph 116(1)(b).

Cancellation under section 116 is generally discretionary. The Department considers the circumstances of the breach and the holder's situation before deciding whether to cancel. The firm's visa cancellations page explains how these matters are handled.

The cancellation process

Before cancelling a visa under section 116, the Department will generally notify the holder of the proposed cancellation and the grounds, and invite them to respond. The time to respond is short and stated in the notice. A careful written response, with evidence, is the holder's main opportunity to explain the breach and why the visa should not be cancelled. Missing that deadline can mean the decision is made without the holder's side of the story.

Where a visa is cancelled, the holder may become an unlawful non-citizen unless they hold another visa. Some cancellation decisions can be reviewed by the Administrative Review Tribunal. Review deadlines are short and strictly applied, so advice should be obtained immediately after a cancellation notice is received.

Cancellation of the earlier visa and the partner visa application

A breach of the conditions on an earlier visa can lead to cancellation of that visa while the partner visa application is pending. If the earlier visa is cancelled, any associated bridging visa may also be cancelled, and the applicant may need a different bridging visa. In some circumstances, cancellation can also limit what other visas the person can apply for while in Australia. This is a further reason to comply with every earlier partner visa condition until the bridging visa comes into effect.

Tribunal decisions involving earlier visas and information

Tribunal decisions show how earlier visa history and the accuracy of information can affect partner visa matters. In 1814675 (Migration) [2020] AATA 3017, a Subclass 820 matter that the Tribunal remitted, the reported issues included an application made more than 28 days after the last substantive visa held, and the cancellation of a student visa followed by a lengthy unlawful stay. In NGUYEN (Migration) [2019] AATA 3689, also a Subclass 820 remittal, the reported issues were the Schedule 3 criteria, an application lodged outside the relevant timeframe and compelling reasons for waiver. In Soboh (Migration) [2026] ARTA 1955, a Subclass 820 matter that the Tribunal remitted, the reported issues included misleading information about the employment details of a secondary applicant.

A remittal means the Tribunal sent the matter back to the Department for reconsideration. It is not a grant. These decisions show that the history of earlier visas and the accuracy of what is disclosed are examined closely, and that these issues can be worked through with proper evidence.

Common mistakes about partner visa conditions

The same misunderstandings about partner visa conditions appear again and again. Each one can cause real harm.

• Starting work as soon as the application is lodged. The bridging visa has no conditions, but it is not in effect until the earlier visa ends. Condition 8101 on a visitor visa still applies until then.
• Travelling on a Bridging Visa A. The Bridging Visa A ends on departure. A Bridging Visa B is needed to leave and return.
• Marrying overseas on a Subclass 300 visa. Marrying before entering Australia breaches condition 8515.
• Missing the Subclass 300 wedding date. The marriage must take place within the visa period under condition 8519.
• Ignoring condition 8503. A No Further Stay condition can prevent a valid onshore application, and a waiver request does not keep the holder lawful.
• Assuming no conditions means no obligations. The Subclass 820 holder must still notify changes, correct errors and maintain the relationship.
• Being overseas when the Subclass 820 visa is ready to be granted. The applicant must be in Australia at grant.

Many of these issues also appear in refusal and cancellation decisions. The firm's articles on why partner visas get refused and the most common reasons Subclass 820 partner visas are refused explain how these problems develop.

When a partner visa conditions issue becomes a refusal or review issue

Some partner visa conditions issues lead to concerns raised during processing. The Department may send a natural justice letter before refusing an application. The firm's article on the section 57 natural justice letter for a partner visa explains how to respond. Where an application is refused, the firm's pages on partner visa refusals and visa refusals generally, and the articles on partner visa refusal appeal options and what to expect at an ART review, explain the next steps.

Applicants who have already had a visa refused or cancelled in Australia should also read about applying for a partner visa after a visa refusal. Where an application was prepared elsewhere, a second opinion from an immigration lawyer can identify partner visa conditions problems before they become refusal grounds. When the situation is urgent, the guide to urgent immigration lawyer advice explains what to prepare.

Partner visa conditions and the rest of your application

Partner visa conditions do not sit apart from the rest of the application. The relationship evidence, the partner visa relationship statement, the evidence of a genuine relationship and the partner visa document checklist all record the couple's history, including where they lived, when they travelled and what visas they held. A breach of an earlier condition, or a period of unlawful stay, will appear in that history. It must be disclosed consistently.

The firm's guide to Subclass 820 requirements and documents and the 820 partner visa evidence checklist set out the wider requirements. Same-sex couples follow the same partner visa conditions and the same obligations. The firm's LGBTI partner visa page covers the issues specific to those applications.

Getting help with partner visa conditions wherever you live

The firm's partner visa work is national, and consultations are held by video. Couples in Western Australia and South Australia often find the firm through its pages for partner visa lawyers in Perth and partner visa lawyers in Adelaide. Couples in the Australian Capital Territory, Tasmania and south-east Queensland read about partner visa lawyers in Canberra, partner visa lawyers in Hobart and partner visa lawyers on the Gold Coast.

The firm also acts in general immigration matters through its pages for immigration lawyers in Sydney and immigration lawyers in Melbourne. Couples comparing options can read when you need an immigration lawyer for a partner visa, how to choose a partner visa lawyer in Australia and the comparison of a partner visa lawyer and doing it yourself. Applicants who lodged their own application and now want help can read about hiring an immigration lawyer after lodging your own application, and the guide to booking an immigration lawyer consultation explains what happens in the first meeting.

How My Migration Lawyers helps with partner visa conditions

My Migration Lawyers acts in many partner visa matters where partner visa conditions are central to the case, including complex matters involving condition 8503 and other No Further Stay conditions, earlier breaches of work or study conditions, Subclass 300 marriage deadlines, travel during processing and proposed cancellations. The firm is capable of handling these matters from the first check of a visa grant notice through to any Tribunal review.

The firm's work on partner visa conditions is practical and specific.

• Mapping every visa and condition. The firm reviews the client's visa history, grant notices and VEVO record, and identifies every condition that applies now and every condition that applied in the past.
• Timing the application around the earlier visa. Where condition 8101, 8201 or a student work condition still applies, the firm advises the client on what they can and cannot do until the bridging visa comes into effect.
• No Further Stay waivers. Where condition 8503 or a similar condition applies, the firm assesses whether the waiver requirements can be met, presents the client's own circumstances and evidence in the form the law requires, and advises on lawful status while the request is decided.
• Subclass 300 compliance. The firm checks the first entry date, the visa period and the planned wedding date against conditions 8515 and 8519, and plans the onshore application after the marriage.
• Travel during processing. The firm advises on Bridging Visa B applications and on the risk of being overseas when the Subclass 820 visa is ready to be granted.
• Obligations after lodgement. The firm prepares Form 1022 and Form 1023 notifications, so the Department hears accurate information from the client first.
• Responding to proposed cancellations. Where the Department proposes to cancel a visa for breach of a condition, the firm prepares the written response and evidence within the time allowed, and acts in any review.

The firm's work on partner visas is described on the partner visa lawyers page. Its Principal Lawyer, Weiwei Zhang, oversees the firm's partner visa practice, and more about the firm is on the about page.

If you are unsure which partner visa conditions apply to you, or a condition on an earlier visa is affecting your plans, book a consultation online, or call 1300 040 300.