Partner Visa After an Expired Visa: Can You Still Apply?

If your visa has expired and you have an Australian partner, the partner visa expired visa question has a direct answer. Yes, you can generally still apply. A person in Australia whose visa has expired can usually lodge a valid onshore partner visa application. In a partner visa expired visa case, the real question is whether the Department of Home Affairs will grant it, because a special set of rules called Schedule 3 now applies.

This guide is written for people who have just discovered, or have known for some time, that their visa has ended. It follows the order in which those people usually worry. First, whether you are unlawful now and what that means. Second, what to do this week. Third, whether you can still apply and what Schedule 3 requires. Then the evidence a partner visa expired visa application needs, the validity checks that come before lodgement, which bridging visa the application gives you and whether you can work, whether leaving to apply offshore is realistic, and how long the process takes. For the wider picture of both pathways, see the complete guide to partner visas in Australia.

Can You Apply for a Partner Visa If Your Visa Has Expired?

Yes. A person whose visa has expired can generally make a valid application in Australia for a combined Subclass 820 (temporary) and Subclass 801 (permanent) partner visa, provided no separate bar to a valid application applies. Schedule 3 to the Migration Regulations 1994 is a criterion for the grant of the visa. It is not a rule that stops the application being lodged.

The legal trigger is in subparagraph 820.211(2)(d)(ii) of Schedule 2. An applicant who is not the holder of a substantive visa when the application is made must satisfy Schedule 3 criteria 3001, 3003 and 3004, unless the Minister is satisfied that there are compelling reasons for not applying those criteria. Subsection 5(1) of the Migration Act 1958 defines a substantive visa as any visa other than a bridging visa, a criminal justice visa or an enforcement visa. A visitor visa, student visa, working holiday visa or temporary skilled visa is a substantive visa. A Bridging visa A, B, C or E is not.

That definition explains why the partner visa expired visa rules catch more people than they expect. If your visitor visa ended and you have been on a bridging visa from a later application, you still do not hold a substantive visa. Schedule 3 still applies to you. The Subclass 820 visa service page explains the onshore application, and the Subclass 820 partner visa guide sets out every criterion that runs alongside Schedule 3.

Why the partner visa expired visa answer is "yes, but"

The answer is yes, but not automatically. An application lodged without a substantive visa can be refused on Schedule 3 alone, even where the relationship is plainly genuine. Department policy states that, as a general rule, a genuine relationship and the hardship of separation are not compelling reasons, because every partner applicant has a relationship and separation is common across the whole partner caseload. A partner visa expired visa application succeeds when it shows something more.

Put simply, every partner visa expired visa application is decided twice over: once on the relationship and once on Schedule 3. That is why the Schedule 3 waiver partner visa service treats these matters as two cases in one: a relationship case and a waiver case. Both must be proved. The Schedule 3 criteria article explains the criteria in detail, and the Schedule 3 partner visa waiver article explains how the waiver works.

Partner Visa Expired Visa: Am I Unlawful Now?

Yes, in most cases. If your substantive visa has ended and you do not hold a bridging visa, you are an unlawful non-citizen under the Migration Act 1958 from the moment your visa ceased. That status continues until you are granted another visa. It does not depend on whether anyone at the Department has noticed.

Being unlawful has real consequences. Under section 189 of the Act, an officer who knows or reasonably suspects that a person in the migration zone is an unlawful non-citizen must detain that person. Section 198 provides for removal in certain circumstances. Those powers are the reason a partner visa expired visa situation should be treated as urgent, even where the person has a genuine relationship and every intention of applying.

Check whether you really are without a visa

Many people are not sure. Some believe their visa was extended automatically. Some lodged an application that was later found invalid, which means no bridging visa ever arose from it. Some held a bridging visa that ceased after a refusal, often without realising when. Others are told by friends that they are "on a bridging visa" when the bridging visa ended long ago.

The safest starting point is an accurate record. My Migration Lawyers checks the person's current status through the Visa Entitlement Verification Online (VEVO) system, using the passport details provided, and obtains the Department's own records of visas held, applications made and decisions, along with any Tribunal records where there was an earlier review. Clients are not asked to produce old grant notices or application copies they no longer have. The partner visa document checklist explains what clients are actually asked for.

Unlawful is not the same as hopeless in a partner visa expired visa case

A partner visa expired visa situation is serious, but it is common and it is manageable. The law expressly contemplates people who apply without a substantive visa. Schedule 3 exists for them, and the compelling reasons waiver exists because the law recognises that some people end up without a visa through circumstances they did not control, or have compelling reasons to be granted a visa anyway. The task in every partner visa expired visa matter is to act promptly, lawfully and with an accurate record.

What an expired visa does not mean

An expired visa does not automatically mean a ban on future visas. It does not mean the relationship is disregarded. It does not mean the Department will refuse any later application. What it does mean is that time matters, that the next steps should be taken in the right order, and that a mistake made in panic, such as leaving Australia on short notice, can create problems that last for years.

What to Do This Week If Your Visa Has Expired

The first week after you discover your visa has expired is when the most important decisions are made. In a partner visa expired visa case, the safest course is usually to stay in Australia, get your status confirmed, obtain advice, and move towards a valid application without unnecessary delay. The urgent immigration lawyer advice guide explains what to gather when time is short.

Do not leave Australia without advice

Leaving may feel like the responsible choice. It is often the most damaging one. A person who leaves Australia as an unlawful non-citizen, or as the holder of a Bridging visa C, D or E, can be affected by public interest criterion 4014. Where it applies, a later visa that includes PIC 4014 cannot be granted within three years of departure unless the decision maker is satisfied that compelling or compassionate circumstances justify it.

The Department's exclusion periods policy sets out exceptions in PIC 4014(5). Broadly, the risk factor does not apply where the person left within 28 days after their substantive visa ceased, or where the bridging visa held on departure was granted within that 28-day period, or in the related bridging visa sequence the policy describes. Whether an exception applies depends on exact dates, so it must be checked before anyone books a flight. For a partner visa expired visa applicant whose visa ended only days ago, those dates can decide whether leaving is safe at all. The offshore option is discussed further below.

Get your status and history confirmed

My Migration Lawyers checks VEVO and obtains the Department's records so that the chronology is accurate from the start. That chronology answers the questions every partner visa expired visa case turns on: the day the last substantive visa ended, whether any bridging visa has been held since, whether any visa was refused or cancelled since the last entry to Australia, and whether the last visa carried a no further stay condition.

Consider whether a Bridging visa E is needed now

Some people need to become lawful immediately, before a partner application can be prepared. A Bridging visa E (Subclass 050) can be granted on several grounds, including that the person has made, or will make, a valid application in Australia for a substantive visa that can be granted in Australia. Department policy on Bridging E visas lists a "will make an application" ground under subclause 050.212(3).

There is a trade-off. A person who holds a Bridging visa E after their last substantive visa ended can no longer be granted a Bridging visa C later, because item 1303 of Schedule 1 excludes anyone who has held a Bridging visa E since last holding a substantive visa. Their partner application would then usually come with a Bridging visa E rather than a Bridging visa C. Whether to seek a Bridging visa E now, or to lodge the partner application quickly and receive a Bridging visa C, is a judgement made on the facts of each partner visa expired visa case. The bridging visas in Australia guide explains the classes.

Be careful about contact with the Department

A phone call or counter visit without advice can lead to a Bridging visa E granted on departure grounds, with conditions and a short visa period, when the person never intended to leave. The safer approach is usually contact through a valid application, or a Bridging visa E application made on the correct ground with advice. Where a lawyer acts, the Department is told through Form 956, so letters come to the firm.

If compliance officers have already made contact, or the person has been located, the position is more urgent. Nothing should be signed or agreed without understanding what it means for the partner visa expired visa application that is still to come.

Gather what you realistically have for a partner visa expired visa application

Gather your current passport if you have one, your partner's identity documents, any children's birth certificates, any letters from the Department or Tribunal, and the documents you already hold about your life together. That is enough to start a partner visa expired visa assessment. The firm obtains the visa history itself, so nobody needs to hunt for paperwork that was lost years ago.

How Schedule 3 Applies to a Partner Visa Expired Visa Application

Schedule 3 applies to a partner visa expired visa application because the applicant does not hold a substantive visa on the day the application is made. Subparagraph 820.211(2)(d)(ii) names three criteria, 3001, 3003 and 3004, and provides that they need not be applied if the Minister is satisfied there are compelling reasons for not applying them.

Department policy on Schedule 3 states its purpose plainly. The criteria encourage people with a legitimate basis for staying to apply before their visa ends, discourage people from remaining beyond their visa, and prevent people from gaining an advantage by staying unlawfully. The same policy accepts that some people end up without a substantive visa through circumstances they could not control, and that some have compelling reasons to be granted a visa anyway.

Criterion 3001: the 28-day time limit in a partner visa expired visa case

Criterion 3001 requires the application to be made within 28 days after the relevant day. For most people the relevant day is the last day they held a substantive visa. A bridging visa held afterwards does not restart or pause the count, because a bridging visa is not a substantive visa.

Consistent with the Department's Schedule 3 policy wording, lodging within 28 days satisfies criterion 3001 only. Criteria 3003 and 3004 can still apply unless waived, so even a short gap needs proper legal analysis. Once the 28 days have passed, criterion 3001 cannot be met, and the partner visa expired visa case depends on the compelling reasons waiver. The exact counting rules, including the effect of a cancelled visa or a refused application, are complex and fact-specific. This article does not repeat them.

Criterion 3003: mainly historic

Criterion 3003 deals with people whose status problem arose before 1 September 1994, under the law as it then stood. It rarely applies to a partner visa expired visa case today.

Criterion 3004: six requirements

Criterion 3004 applies to people who ceased to hold a substantive visa on or after 1 September 1994. The decision maker must be satisfied, among other things, that the applicant became a person without a substantive visa because of factors beyond their control, that there are compelling reasons for granting the visa, that the applicant substantially complied with the conditions of their last visa and any later bridging visa, that the applicant would have been entitled to the visa had they applied on the day they last held a substantive visa, and that they intend to comply with the visa's conditions.

For many people, the "would have been entitled" requirement is the hardest. A person who met their partner after the visa ended had no relationship on that day, so they could not have been entitled to a partner visa then. That is one reason why most partner visa expired visa cases are argued on the separate waiver rather than on criterion 3004.

Compelling reasons are assessed at the time of decision

The waiver asks whether there are compelling reasons for not applying criteria 3001, 3003 and 3004 at all. The Schedule 3 policy states that compelling reasons are not limited to circumstances that existed at the time of application. They can arise at any time up until the decision, and delegates must consider submissions about them. The Subclass 820 policy records the effect of the Full Federal Court decision in Waensila v Minister for Immigration and Border Protection [2016] FCAFC 32: the decision maker considers all of the applicant's circumstances known up to the time of decision.

This matters in practice. A partner visa expired visa application does not have to be perfect on the day it is lodged. A child born during processing, a new medical diagnosis, or a change in the partner's care needs can be put before the decision maker later. The case must be kept current until a decision is made.

What Counts as Compelling Reasons in a Partner Visa Expired Visa Case?

Compelling reasons are circumstances beyond the ordinary features of every partner case that make it unreasonable to apply Schedule 3. The Regulations do not define the term. Department policy guides delegates, and the guidance is strict.

The Subclass 820 policy says delegates should be mindful that the waiver is meant only for people with genuinely compelling circumstances. It is not meant to give an unfair advantage to people who fail to comply with visa conditions, deliberately manipulate their circumstances to create compelling reasons, or can leave Australia and apply for a partner visa offshore. The policy also says the waiver should not be applied where it is reasonable to expect the applicant to leave Australia and apply from outside Australia.

What policy treats as not enough in a partner visa expired visa case

As a general rule, policy says the existence of a genuine relationship, and the hardship of separation if the applicant had to apply offshore, are not compelling reasons. The policy gives an example of a case where compelling reasons may not exist: an applicant who has remained unlawful for a number of years, made little or no effort to become lawful, and relies on a long relationship and separation hardship. A partner visa expired visa application built only on "we love each other and do not want to be apart" usually fails for that reason.

What policy recognises

The same policy identifies circumstances that may be compelling:

• An Australian citizen child. Where there is an Australian citizen child with a demonstrable link to the applicant, a decision may be made to waive Schedule 3 in the best interests of the child.
• Circumstances beyond the applicant's control. Policy accepts that compelling reasons may exist where circumstances beyond the applicant's control led them to become unlawful, or prevented them from becoming lawful, such as severe illness or incapacity.

Policy also lists factors delegates should consider, while making clear the list is not closed: any history of non-compliance with visa conditions, the length of the unlawful period, why the person became unlawful, why they did not seek to become lawful sooner, current family composition including dependent children, and any steps taken to become lawful other than the partner application itself. Every partner visa expired visa submission should address each of these honestly.

Circumstances are weighed together

The Schedule 3 policy states that circumstances should be considered individually and cumulatively. A partner's illness, a child's schooling, the applicant's caring role and the practical effect of departure may each fall short alone and still be compelling together. A good partner visa expired visa submission presents the whole picture, supported by evidence, rather than one headline reason.

Evidence a Partner Visa Expired Visa Case Needs

A partner visa expired visa case needs two separate bodies of evidence. The first proves the relationship, exactly as in any partner application. The second proves the compelling reasons. Most refused cases fail on the second, because applicants put all their effort into the first.

Relationship evidence

The Regulations require the decision maker to assess the relationship through four aspects: the financial aspects, the nature of the household, the social aspects, and the nature of the commitment. These are assessed aspects of the relationship. They are supported by documents, by one relationship statement from the couple, and by Form 888 statements from people who know them.

People without a visa often have gaps in the usual documents. Bank accounts or leases may be in the partner's name only. Those gaps are common and explainable, but they must be explained rather than ignored. The partner visa relationship evidence guide, the relationship statement article, the Subclass 820 evidence checklist and preparing evidence of a genuine relationship explain how each aspect is shown. The Form 888 partner visa guide and the Form 888 examples explain witness statements.

Where the couple are married, the marriage must be valid under Australian law. Where they are not, the de facto category has its own requirements, covered in the de facto partner visa article and the 12-month de facto requirement article.

Compelling reasons evidence

The compelling reasons evidence in a partner visa expired visa case must be specific and independent. Typical categories include:

• Children. Birth certificates, school and childcare records naming the applicant, medical records, and evidence of the applicant's day-to-day care.
• Health. Reports from treating practitioners that explain the condition, the care required and who provides it. A general letter saying the partner would be upset is not enough.
• Care and dependency. Evidence that the partner, a child or another family member relies on the applicant, and what would happen if the applicant left.
• Why the visa ended and why nothing was done sooner. The applicant's own truthful account, supported by records where they exist, such as hospital records or correspondence with a former adviser.
• Steps already taken. Earlier applications or contact with the Department, which the firm obtains from Department and Tribunal records.
• The effect of departure. Evidence of the practical consequences of the applicant leaving, including for the partner's work and the children's care.

The chronology ties it together

Every fact in a partner visa expired visa submission should sit on one chronology built from the Department's own records. An account given from memory that conflicts with movement records damages credibility far more than an honest admission. Public interest criterion 4020, the integrity criterion, applies to the Subclass 820 and allows refusal where information is false or misleading in a material particular. Where the client's memory and the records differ, the difference is identified and explained before lodgement. The applicant's statement is their own evidence, reviewed and corrected by them before it is signed.

Applicants may also be asked to complete a Form 80, which must match the chronology. Gaps should be acknowledged, not filled with guesses.

Section 48 and Condition 8503: Checks Before a Partner Visa Expired Visa Application

Two rules can stop a valid application being made at all. They must be checked before any partner visa expired visa application is lodged, because an invalid application gives no bridging visa and gains nothing.

Condition 8503 and other no further stay conditions

Condition 8503 provides that the holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa, while they remain in Australia. Under subsection 46(1A) of the Act, a person whose visa carried a no further stay condition generally cannot make a valid Subclass 820 application in Australia. That remains true after the visa expires. The condition does not disappear because the visa has ended.

The only path is a waiver under subsection 41(2A) of the Act and subregulation 2.05(4). The person must show that, since the visa was granted, compelling and compassionate circumstances have developed over which they had no control, resulting in a major change to their circumstances. Department policy says that, generally, beginning a relationship with an Australian citizen or permanent resident is not a matter outside the person's control. The Subclass 820 and condition 8503 article explains the waiver.

Section 48

Section 48 of the Act limits the visas a person can apply for in Australia if they do not hold a substantive visa and have had a visa refused or cancelled since their last entry to Australia. The partner visa is one of the exceptions. Regulation 2.12 permits a Subclass 820 application despite section 48, but the Subclass 801 validity requirements in item 1124B then include additional requirements, including a sponsorship form completed by the partner at the time of lodgement. If those are missed, the combined application is invalid.

Many people whose visa expired also had an earlier application refused, such as a visitor visa extension, a student visa or a protection visa. Each of those histories needs checking. The partner visa after a visa refusal article explains section 48 for partner applicants, and the visa refusals page explains how earlier refusals affect later options. Where a visa was cancelled rather than refused, the visa cancellations page is relevant.

Character and health

Every applicant must also satisfy the character requirements, including public interest criterion 4001, and the Minister can refuse a visa on character grounds under section 501 of the Act. Every applicant must meet the health requirement, including PIC 4005 and PIC 4007, and a PIC 4007 waiver is available for the Subclass 820 in some circumstances. Any criminal history, however minor, should be assessed before lodgement.

Which Bridging Visa Does a Partner Visa Expired Visa Application Give You?

A valid partner visa expired visa application usually gives you a Bridging visa C (Subclass 030). If you have held a Bridging visa E since your last substantive visa ended, it will usually give you a Bridging visa E instead. Either one makes you lawful from the day it is granted. Neither repairs the earlier unlawful period, and neither resolves Schedule 3.

Bridging visa C after a partner visa expired visa application

Under item 1303 of Schedule 1, a Bridging visa C applicant must be immigration cleared or fall within regulation 2.20(6), and must not have held a Bridging visa E since last holding a substantive visa. The initial Bridging visa C is applied for on the same form, at the same time, as the partner visa. It cannot usually be obtained later on a separate form. The onshore partner visa requirements guide explains lodgement, and the ImmiAccount guide explains the online account used to lodge.

Bridging visa E

Where a Bridging visa C is not available, a Bridging visa E may be granted to a person who has made a valid application in Australia for a substantive visa that can be granted in Australia. The Department may impose conditions, which can include no work, no study, reporting and address notification conditions. Reporting dates must be kept, because a breach of a condition can expose the bridging visa to cancellation.

Can you work?

It depends on the bridging visa and its conditions. A Bridging visa C granted with a partner application usually carries condition 8101, which prohibits work. A Bridging visa E may carry it. A Bridging visa C holder can apply for a further Bridging visa C without condition 8101 by showing a compelling need to work, which regulation 1.08 defines by reference to financial hardship. The Subclass 820 work rights article explains this in detail.

Work done while unlawful also needs careful handling in the waiver case. Evidence of work may also be evidence of non-compliance, which bears on criterion 3004 and the policy factors. How it is presented is a legal judgement.

Can you travel?

Not lawfully and safely during processing. Only a Bridging visa A or Bridging visa B holder can obtain a Bridging visa B, the bridging visa that permits travel. A partner visa expired visa applicant on a Bridging visa C or Bridging visa E cannot meet that requirement, and leaving would end the bridging visa and may engage PIC 4014. The Bridging visa A guide and the Bridging visa B guide explain why those classes are not available to a person who lodges without a substantive visa.

Should You Leave and Apply Offshore Instead?

Sometimes, but not as a reflex. The offshore partner visa, the Subclass 309 visa, is not subject to Schedule 3. For a partner visa expired visa applicant with a weak waiver case, a properly prepared offshore application may be the better path. For many others, leaving creates more problems than it solves.

PIC 4014 and the visas a partner visa expired visa applicant may need later

The Department's exclusion periods policy states that PIC 4013 and PIC 4014 are not criteria for the Subclass 309 visa. This point is often misunderstood. The offshore partner visa itself is not barred by PIC 4014. The risk lies elsewhere. A person who left Australia unlawfully, or on a Bridging visa C, D or E, may later need another visa, such as a visa to visit the partner during processing or to return for a family emergency. If that visa includes PIC 4014 and no exception in PIC 4014(5) applies, it cannot be granted within three years of departure unless compelling or compassionate circumstances are shown. The policy gives the Subclass 417 Working Holiday visa as an example of a visa that includes PIC 4014.

Debts and removal

A person who is detained and removed, rather than leaving voluntarily, can incur a debt to the Commonwealth for the costs involved. The Subclass 309 primary applicant must satisfy PIC 4004, which deals with outstanding debts to the Commonwealth. That is one more reason to act before compliance action begins, rather than after.

Separation and processing time

For a partner visa expired visa applicant, the offshore pathway means separation for the whole processing period, which can be long. The partner may not be able to relocate. Children may be affected. A partner with health needs may be left without the applicant's care. Those same facts are often what make the onshore waiver arguable. Department policy says the waiver should not be applied where it is reasonable to expect the applicant to leave and apply offshore, so the question of reasonableness has to be answered with evidence either way.

Making the decision deliberately

The right partner visa expired visa strategy is chosen by comparing the strength of the onshore waiver case with the realistic consequences of departure. That comparison should be made before anyone leaves. The partner visa lawyers page explains how the firm handles both pathways, and the tourist visa to partner visa article explains the position of people who came on visitor visas. People who originally entered on a Subclass 300 Prospective Marriage visa and did not lodge before it ended face the same Schedule 3 questions.

What Tribunal Decisions Show About Partner Visa Expired Visa Cases

Tribunal decisions recorded in My Migration Lawyers' database of partner visa remittals show that Schedule 3 refusals are regularly reconsidered on review. A remittal means the Tribunal sent the matter back to the Department to decide again with a finding on one or more criteria. It is not a grant of the visa. The decisions below were made by the Administrative Appeals Tribunal (AAT), which the Administrative Review Tribunal (ART) replaced on 14 October 2024. Each is described only by the issue recorded for it:

• Bedi (Migration) [2020] AATA 5208 (Subclass 820): application made more than 28 days after last substantive visa held; compelling reasons for not applying criteria; Australian citizen child of the relationship.
• Hassan (Migration) [2021] AATA 2159 (Subclass 820): court remittal; applicant was not the holder of a substantive visa at the time of application; sponsor has significant illnesses; compelling reasons exist.
• Verma (Migration) [2020] AATA 4542 (Subclass 820): no substantive visa at time of application; compelling reasons to waive Schedule 3 criteria; family health issues and bereavement.
• Sandhu (Migration) [2018] AATA 1483 (Subclass 820): whether compelling reasons exist for not applying Schedule 3 criteria; length of relationship; difficulty of relocating offshore while application is processed.
• Adhikari (Migration) [2020] AATA 4221 (Subclass 820): Schedule 3 criteria; application lodged outside of relevant timeframe; compelling reasons for waiver; sponsor's pregnancies.

What these decisions show

These decisions show the kinds of facts that are recorded where a partner visa expired visa refusal is sent back: Australian citizen children, the partner's serious illness, family health issues and bereavement, pregnancy, and the practical difficulty of relocating offshore during processing. They are consistent with the policy that circumstances are weighed together and as they stand at the time of decision. They do not show that any particular case will succeed. Each matter still had to return to the Department for a decision on the remaining criteria.

If your application is refused

If the Department refuses a partner visa expired visa application, the refusal can usually be reviewed by the ART, which considers the matter afresh. Because compelling reasons are assessed at the time of decision, new circumstances can be put to the Tribunal. The deadline to apply for review is short and strictly applied. It runs from the date you are notified of the decision, and the Tribunal cannot extend it. The applicant must also be in Australia when the review application is made. Read the refusal letter on the day it arrives.

The partner visa refusal appeal options article and what to expect at the ART explain the process. The partner visa refusals service page explains how the firm acts on review, and the visa appeal lawyer article explains what review representation involves. Where the Tribunal also affirms the refusal, the judicial review page explains the limited grounds for court review. Common refusal grounds are set out in the Subclass 820 refusals article and why partner visas get refused.

How Long Does a Partner Visa Expired Visa Case Take?

There is no fixed timeframe. A partner visa expired visa application is processed as a combined Subclass 820 and Subclass 801 application, and the Department assesses Schedule 3 as part of the Subclass 820 decision. Processing times change and are published by the Department. The Subclass 820 processing time article and how long an onshore partner visa takes explain what affects them.

The stages in practice

A typical partner visa expired visa matter moves through these stages:

• Status confirmed. VEVO and Department records establish the chronology and the validity position.
• Strategy chosen. Onshore waiver or offshore application, and whether a Bridging visa E is needed now.
• Lodgement. The combined application is lodged, and the bridging visa follows once the application is found valid.
• Waiver submission and evidence. The submission and supporting evidence are provided, if not at lodgement then promptly afterwards.
• Processing. The Department may send a section 56 request for more information or a section 57 natural justice letter. Both must be answered carefully and on time.
• Decision on the Subclass 820. If granted, the Subclass 801 stage follows. The Subclass 820 vs Subclass 801 comparison explains how the two stages connect.

Two hypothetical timelines

The following examples are hypothetical. They are not client stories.

In the first, a person's student visa ended three weeks ago. They have lived with their Australian partner for two years. Lodging promptly may satisfy criterion 3001, but criterion 3004 still has to be considered unless waived, so the partner visa expired visa submission still addresses why the visa lapsed and the compelling reasons.

In the second, a person's visitor visa ended six years ago. They met their partner after it ended, and they now have an Australian citizen child. Criterion 3001 and criterion 3004 cannot realistically be met, so the case is built on the waiver: the child, the care arrangements, the honest reasons the person did not regularise sooner, and the effect of departure on the family.

Keeping the partner visa expired visa case current

During processing, changes are notified to the Department, usually through Form 1022. A new child, a new diagnosis or a change in the partner's circumstances can strengthen the waiver case and should be put forward. If the relationship ends, the position changes significantly, and the relationship breakdown article explains the options, including the family violence provisions in Division 1.5 of the Regulations, described on the family violence service page.

Common Mistakes After a Visa Expires

Most damage in partner visa expired visa cases is caused by a few predictable mistakes:

• leaving Australia in a hurry without checking PIC 4014 and the offshore timeline;
• approaching the Department informally and receiving a Bridging visa E on departure grounds;
• lodging without checking condition 8503 or section 48, so the application is invalid;
• relying only on the relationship and separation hardship as compelling reasons;
• giving an immigration history from memory that conflicts with Department records;
• waiting for a perfect file while remaining unlawful and at risk of detention; and
• failing to update the Department when new compelling circumstances arise.

Where an application has already been lodged without a proper waiver submission, a second opinion can identify what is missing, and the article on hiring a lawyer after lodgement explains how a file is taken over. The partner visa lawyer versus doing it yourself article sets out the risks of lodging a Schedule 3 case alone, and the migration agent or lawyer comparison explains the difference in neutral terms. The partner visa lawyer article and the immigration lawyer for partner visas article explain what to look for when choosing help.

How My Migration Lawyers Helps With a Partner Visa Expired Visa Case

My Migration Lawyers deals with complex onshore partner matters and acts in many partner visa expired visa cases, from people whose visa ended days ago to people who have been without a visa for years. The firm is capable of handling these matters from the first status check through to a decision and, if needed, ART review. The work follows a clear sequence:

• Status first. The firm checks VEVO and obtains the Department's records of visas, applications, decisions and movements, and any Tribunal records. You are not asked for old documents you no longer have.
• Validity checks. Condition 8503, section 48, any earlier Bridging visa E and any character or identity issues are checked, so the application is valid and the right bridging visa follows.
• Immediate protection. The lawyer advises whether to lodge the partner application immediately or to seek a Bridging visa E first, and how to handle any contact with compliance officers.
• Honest assessment. The onshore waiver case is assessed against the Subclass 820 policy factors, and you are told plainly whether the onshore or the offshore Subclass 309 path is stronger.
• The waiver submission. A written submission addresses each policy factor, explains how the visa came to expire in your own truthful account, and presents the evidence of children, health, care needs and the effect of departure.
• The relationship case. The four aspects of the relationship are proved through documents, one relationship statement and Form 888 statements.
• Through to decision. The file is kept current, Department requests are answered, and review is pursued where appropriate.

Every partner visa expired visa matter is supervised by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers. The firm acts for clients across Australia, including through its partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, Canberra, Hobart, the Gold Coast and Parramatta. Consultations are held by video, and the immigration lawyer consultation article explains how a first consultation works.

If your visa has expired and you have an Australian partner, do not leave Australia and do not approach the Department without advice. Book a consultation with My Migration Lawyers. You can also call 1300 040 300.