Key Takeaways
- The partner visa first entry date is the date by which the visa holder must first enter Australia. For the Subclass 309 visa it comes from clause 309.611 and for the Subclass 300 visa from clause 300.611 of the Migration Regulations 1994.
- Under Department policy, the first entry date for a Subclass 309 visa should be 12 months from grant. For a Subclass 300 visa it should be no more than 12 months from grant, and it can fall on the day the visa ends.
- For partner visas, the date is not meant to be set by reference to the expiry of health checks or police certificates. That is a common misunderstanding.
- Missing the date does not make the visa cease automatically, but it makes the visa liable to cancellation under paragraph 116(1)(b) of the Migration Act 1958, and a visa held by someone outside Australia can be cancelled without prior notice.
- There is no application form to extend a partner visa first entry date. The safest plan is to make the first entry before the date, even if it is a short trip, and to get advice early if travel is at risk.
- The Australian partner plays a central role: planning the travel, keeping the relationship evidence current and acting quickly if something goes wrong.
What is the partner visa first entry date?
The partner visa first entry date is the last date by which a person granted a Subclass 309 or Subclass 300 visa outside Australia must make their first entry into Australia on that visa. The partner visa first entry date is set by the Department of Home Affairs when the visa is granted and is printed on the grant notice. It is a condition of the visa, not a suggestion, and it applies whether the couple are married, in a de facto relationship or engaged to marry.
Most couples first notice the partner visa first entry date at the moment of grant, which is usually a moment of relief. The visa has finally arrived after a long wait, and the couple start making plans. Then something gets in the way. A parent becomes ill. A pregnancy changes travel plans. A passport is lost or expires. A job cannot be left at short notice. This guide is written for those couples, and especially for the Australian partner, who is often the one searching for answers while the visa holder deals with the practical problems on the other side of the border.
This guide explains where the partner visa first entry date comes from in law, how the Department sets it, what happens if it is missed, whether it can be changed, the practical options when travel is difficult, what to do before the date passes, and what to do if it has already passed. It sits alongside the complete guide to partner visas in Australia, which covers the whole partner visa pathway.
Why the first entry date exists
The Department's procedural instruction on the first entry date explains its purpose plainly. The requirement exists to make sure that people granted permanent and provisional visas outside Australia actually enter Australia within a reasonable time after grant. The Government plans its migration program and its budget around the number of visas granted and the number of people who arrive. A visa that sits unused for years undermines that planning.
That purpose explains why the Department treats the partner visa first entry date seriously. It is not a technicality. It is the mechanism the Department uses to confirm that a person granted a visa to join their partner in Australia does in fact come to Australia.
Where does the partner visa first entry date come from in law?
The partner visa first entry date comes from the conditions part of Schedule 2 to the Migration Regulations 1994 for each partner visa granted outside Australia. Clause 309.611 provides that, for a Subclass 309 visa, first entry must be made before a date specified by the Minister for the purpose. Clause 300.611 contains the same kind of requirement for the Subclass 300 prospective marriage visa. Clause 100.611 applies the requirement to a Subclass 100 visa where the applicant is outside Australia when that visa is granted.
The requirement is often described as condition 8504. Condition 8504 in Schedule 8 to the Migration Regulations 1994 states that the holder must enter Australia as the holder of the visa to which the condition applies before a date specified by the Minister. The Department's policy on the first entry date is published under the heading of condition 8504, and the partner visa clauses work in the same way. For practical purposes, the effect is identical: the visa holder must enter Australia before the specified date.
The Subclass 309 visa
The Subclass 309 visa is the provisional stage of the offshore partner visa. Under clause 309.511, it permits the holder to travel to, enter and remain in Australia until the Subclass 100 application is decided or withdrawn. The partner visa first entry date sits inside that wider permission. The holder may travel in and out of Australia while the visa is in effect, but the first entry must happen before the date on the grant notice.
The Subclass 300 visa
The Subclass 300 visa allows the holder to travel to Australia, marry their prospective spouse and then apply for the onshore Subclass 820 visa and Subclass 801 visa. Department policy says the visa period is between 9 and 15 months from grant. The partner visa first entry date for a Subclass 300 visa therefore sits inside a much shorter window than the Subclass 309 visa, and missing it has sharper consequences, as explained below.
The Subclass 100 visa
Most people receive the permanent Subclass 100 visa after they have already entered Australia on a Subclass 309 visa. Where the Subclass 100 visa is granted while the person is still outside Australia, clause 100.611 imposes a first entry requirement on the permanent visa as well. The Department's policy for the Subclass 100 visa says that date should be 12 months from grant. The guide to Subclass 820 vs Subclass 801 explains the equivalent two-stage structure for onshore applicants, who are not subject to a first entry date because they are already in Australia.
How is the partner visa first entry date set?
Under Department policy, the partner visa first entry date for a Subclass 309 visa should be 12 months from the date of grant, and for a Subclass 300 visa it should be no more than 12 months from the date of grant. This policy has applied since 1 July 2019 and applies to primary and secondary applicants alike.
For the Subclass 300 visa, the policy works with the visa period. Where the visa is valid for less than 12 months, the partner visa first entry date should be the same day as the visa ceases. Where the visa is granted for the maximum period of 15 months, the first entry date should be 12 months from grant. The Department's Subclass 300 policy notes that the visa holder is responsible for entering Australia in time for the marriage to take place within the visa period.
A common error about health and police checks
A widespread belief is that the partner visa first entry date is calculated from the expiry of the applicant's medical examination or police certificate. For partner visas, that is not the Department's policy. The procedural instruction on the first entry date says expressly that, for the partner visas listed in it, the first entry date should not be determined by the date of expiry of health checks, police clearances, assurance of support or sponsorship arrangements.
The health and character link does exist for some other visa types. For those visas, the policy sets the first entry date at the earliest expiry of the medical opinion, the police clearance, the security clearance or any assurance of support. That rule does not govern the Subclass 309, Subclass 300 or Subclass 100 visas. If a health or character concern arises after grant, the Department has separate cancellation powers to deal with it. Couples should therefore read the actual date on their grant notice and not try to calculate a partner visa first entry date from their medical or police documents.
Health undertakings and the minimum period
Where the Department's medical officer has concerns before grant, the applicant may be asked to sign a health undertaking, which requires them to follow up with health authorities after arriving in Australia. The procedural instruction also contains a general policy that a visa holder should usually be given at least two months from grant to make arrangements to travel, with exceptions where health or police checks cannot be extended. These are policy settings that guide the delegate. Policy does not have the force of law, and delegates are told not to apply it inflexibly. In practice, the partner visa first entry date that matters is the one printed on the grant notice.
Who is bound by the partner visa first entry date?
Every person granted a Subclass 309 or Subclass 300 visa outside Australia is bound by the partner visa first entry date, including secondary applicants such as dependent children. The Department's policy applies the same 12-month setting to primary and secondary applicants. Each family member therefore has their own obligation to enter Australia before the date on their grant notice.
The Australian partner is not bound by the condition, because the Australian partner does not hold the visa. In practice, however, the Australian partner is usually the person who carries the consequences if the date is missed. A cancelled visa means a longer separation, a new application and, for some sponsors, sponsorship restrictions. That is why this guide speaks to both partners.
Onshore applicants are in a different position
Couples who apply in Australia for the Subclass 820 visa are not subject to a partner visa first entry date, because the applicant is already in Australia when the visa is granted. Their concerns are different, such as bridging visas, work rights while waiting and processing times. The first entry date problem belongs to couples whose visa is granted while the visa holder is outside Australia.
Why the first entry date is different from the visa period
The partner visa first entry date and the visa period are two separate things. The visa period is how long the visa lasts. The first entry date is the deadline for the first arrival within that period. For a Subclass 309 visa, the visa period usually continues until the Subclass 100 application is decided, which is often much longer than 12 months, but the first entry date still falls 12 months after grant under Department policy. Confusing the two is one of the main reasons couples believe they have more time than they do.
Where do you find your partner visa first entry date?
The partner visa first entry date appears in the visa grant notice, usually as the date by which the holder must make their first entry to Australia. It also forms part of the visa record held by the Department. Couples should read the grant notice carefully on the day it arrives and record the date in a place both partners will see it.
The grant notice also lists the other conditions attached to the visa. These matter just as much as the date itself, because some of them affect how and when the first entry can be made.
Condition 8502 and children travelling with the visa holder
Clause 309.612 allows condition 8502 to be imposed on the primary visa holder, and clause 309.613 allows conditions 8502 and 8515 to be imposed on secondary visa holders, such as dependent children. Condition 8502 provides that the holder must not enter Australia before the entry to Australia of a person specified in the visa. In plain terms, a child included in the application may be prevented from entering Australia before the parent who is the main visa holder.
This matters when the family plans to travel separately. If a child is sent ahead to start school, or to stay with the Australian partner, the child may breach condition 8502. The partner visa first entry date for each family member should be checked, and the order of travel planned around the conditions on each visa.
Condition 8515 and marrying before entry
Condition 8515 provides that the holder must not marry or enter into a de facto relationship before entering Australia. It is mandatory for a primary Subclass 300 visa holder under clause 300.612 and may be imposed on secondary holders of a Subclass 309 visa. For a Subclass 300 couple, this means the wedding cannot take place overseas before the visa holder has first entered Australia. The Subclass 300 policy confirms that the holder may enter Australia and then leave again to marry overseas, but the entry must come first. Couples planning a wedding should read the guide to the de facto partner visa and the 12-month rule and the Subclass 820 visa explained to understand the next stage after the marriage.
What happens if you miss the partner visa first entry date?
If the visa holder does not enter Australia before the partner visa first entry date, the holder has not complied with a condition of the visa, and the visa becomes liable to be cancelled under paragraph 116(1)(b) of the Migration Act 1958. The visa does not cease automatically. The Department's policy for the Subclass 100 visa says this directly, and section 82 of the Migration Act, which lists when a visa ceases to be in effect, does not include a failure to comply with a condition.
This is the most important point in this guide, and it is also the most misunderstood. Some couples assume that a missed partner visa first entry date means the visa is gone. Others assume it means nothing at all. Neither is correct. The visa remains in effect until it expires or is cancelled, but it now carries a ground for cancellation that did not exist before.
Cancellation is a discretion, not an automatic result
Section 116(1) says the Minister may cancel a visa if satisfied that a ground exists. Under subsection 116(3), cancellation becomes mandatory only where prescribed circumstances in subregulation 2.43(2) of the Migration Regulations 1994 exist. In most cases, cancellation for a missed partner visa first entry date is a discretionary decision, which means the decision maker must weigh the reasons for and against cancelling. The reasons the visa holder could not travel, the evidence supporting those reasons and the continuing relationship with the Australian partner are all relevant to that weighing exercise. The guide to visa cancellations explains how cancellation decisions are made.
Cancellation can happen without notice while the holder is outside Australia
Section 128 of the Migration Act allows the Minister to cancel the visa of a person who is outside Australia without notice to the holder, if satisfied that there is a ground for cancellation under section 116 and that it is appropriate to cancel. A visa holder who misses the partner visa first entry date while still overseas may therefore not be warned before a cancellation decision is made.
Cancellation at the airport
The Department's partner visa frequently asked questions state that a person can travel to Australia with an expired first entry date if the visa is still valid, but that the visa may still be subject to cancellation before arrival or at the border. In other words, arriving late is possible, but it carries real risk. A visa holder who boards a plane after the partner visa first entry date has passed may be questioned on arrival and asked to explain the delay. The Department uses a notice of intention to consider cancellation for use in immigration clearance, which shows that this is a recognised scenario rather than a theoretical one.
Missing the date on a Subclass 309 visa
For a Subclass 309 visa holder, the visa usually remains in effect until the Subclass 100 application is decided. A missed partner visa first entry date therefore leaves a valid visa with a cancellation ground attached. If the visa is not cancelled, the holder may still be able to travel. If it is cancelled, the holder loses the provisional visa, and the effect on the linked Subclass 100 application must be assessed immediately.
Missing the date on a Subclass 300 visa
For a Subclass 300 visa holder, the position is harsher. Where the visa was granted for less than 12 months, the partner visa first entry date falls on the same day as the visa ends. Missing the date in that case means the visa has expired, and there is nothing left to use. Even where the visa runs longer than the first entry date, the holder must still enter Australia, marry within the visa period under condition 8519, and lodge the onshore partner application before the visa ends. The Department's policy notes that a breach of condition 8519 may affect access to certain Subclass 820 provisions for former Subclass 300 holders. A late first entry on a Subclass 300 visa can therefore cause problems that reach well beyond the travel itself.
Can the partner visa first entry date be changed or extended?
No. There is no application form or general process for extending or changing a partner visa first entry date once the visa has been granted. The date is specified at grant, and the Migration Regulations do not provide a standard procedure to move it later. Couples should plan on the basis that the date on the grant notice is the date that applies.
This is an uncomfortable answer, but it is the honest one. Many couples search for a way to apply for more time and find nothing, because nothing exists in the ordinary course. The only significant extensions in recent years came through amendments to the law itself during the COVID-19 period, such as clauses 300.512 and 300.513, which extended certain Subclass 300 visas for holders affected by border closures. Those were special measures made by Government for a specific emergency. They do not create a right to an extension for an individual couple.
Why asking the Department still matters
Although there is no formal extension, it can still be important to tell the Department in writing, before the partner visa first entry date passes, why the visa holder cannot travel, with supporting evidence. This does not move the date. What it does is place the reasons on the record before any cancellation decision is considered. Because cancellation for a missed partner visa first entry date is usually discretionary, a documented, genuine reason given early is far better than an explanation offered for the first time at an airport.
Timing at the decision stage
The partner visa first entry date is set when the visa is granted, not when the application is lodged. Couples who know of a period when travel will be impossible, such as late pregnancy or a scheduled operation, should keep the Department informed of significant changes while the application is being processed. The guide to Form 1022 change of circumstances explains when changes must be notified during processing. A delegate cannot be required to set a later partner visa first entry date, but accurate information on the file supports a fair decision.
Practical options when travel before the partner visa first entry date is impossible
The most effective practical option, when long-term relocation cannot happen before the partner visa first entry date, is usually to make a short first entry into Australia before the date and then deal with the remaining obstacles afterwards. The condition requires a first entry before the specified date. It does not require the holder to remain in Australia permanently from that moment.
Every situation is different, and the right answer depends on the reason travel is difficult. The common situations are set out below.
Making a short first entry
A Subclass 309 visa permits the holder to travel to, enter and remain in Australia while it is in effect. A holder who cannot yet move permanently can often make a short visit before the partner visa first entry date, enter Australia on the visa, spend time with the Australian partner and then return overseas to finish their affairs. This satisfies the first entry requirement. The couple must still keep in mind that the relationship will be assessed again before the Subclass 100 visa is granted, so any extended period apart afterwards should have a clear reason and should be supported by evidence of continuing contact. The guide to partner visa relationship evidence explains how time apart is assessed.
Serious illness or medical treatment
If the visa holder is too unwell to travel, or is receiving treatment that cannot be interrupted, the first step is to obtain clear medical evidence of the condition, the treatment and the expected date the holder will be fit to fly. If there is any window before the partner visa first entry date in which a short trip is medically safe, that window should be used. If there is no such window, the couple should write to the Department before the date passes, explain the position and provide the medical evidence. Where the Department's medical officer required a health undertaking at grant, the holder must also be ready to comply with it on arrival.
Pregnancy and a new baby
Pregnancy is one of the most common reasons couples worry about the partner visa first entry date. Airlines have their own rules for travel in late pregnancy, and a doctor may advise against long flights. Where possible, the safest course is to make the first entry before travel becomes medically difficult. A baby born overseas after the visa is granted is not included in the parent's visa. The child will need their own pathway to Australia. Where the Australian partner is an Australian citizen, the child may be eligible for Australian citizenship by descent, and in other cases a child visa may be needed. Planning for this early avoids a situation where the parent cannot travel without leaving a newborn behind.
Passport delays and lost passports
A visa is linked to the passport used in the application. If the visa holder's passport is lost, stolen, expired or replaced, the holder must obtain a new passport and tell the Department the new passport details before travelling. Passport offices in some countries take many weeks, so a holder whose passport will expire before the partner visa first entry date should apply for a new one immediately after grant. If a passport delay is the only reason the holder cannot travel in time, evidence of the application, the date it was lodged and any correspondence with the passport office should be kept and given to the Department before the date passes.
Family emergencies and caring duties
A death in the family, a parent's serious illness or a sudden caring responsibility can make it impossible to leave home for an extended period. In these situations, a short first entry before the partner visa first entry date is often still achievable, even if the holder must return home quickly. Where even a short trip is not possible, the reasons should be documented and given to the Department in advance. A decision maker considering cancellation will look at whether the holder made genuine efforts to comply.
Work, study and property ties
Notice periods, final exams, the sale of a home and the winding up of a business are all real obstacles. They are also obstacles that can usually be managed with a short first entry. A visa holder who waits to resolve every commitment before travelling, and lets the partner visa first entry date pass as a result, is in a much weaker position than one who enters briefly on time and then returns to finish their affairs.
A hypothetical example
Consider a hypothetical couple. The visa holder is granted a Subclass 309 visa while finishing a fixed-term work contract with four months left to run. Shortly afterwards, the holder's mother is diagnosed with a serious illness and the holder becomes her main carer. Ten months pass. The couple believe they can ask for more time, and they plan to travel only once the mother's treatment ends.
On those facts, the couple are at real risk. There is no extension to apply for, and if the partner visa first entry date passes, the visa becomes liable to cancellation. A better plan would have been a short first entry during the contract, such as over a holiday period, before the illness took hold. Even after the diagnosis, a visit of a week or two to Australia before the date, with arrangements for the mother's care in the meantime, would satisfy the condition. If the mother's condition made even that impossible, the couple should have written to the Department before the date passed, with medical evidence and evidence of the holder's caring role.
The same couple, acting early, would be in a far stronger position than the couple who waited. The difference is not the facts. The difference is the timing of the response.
Security situations and border closures
Where travel is prevented by events outside the couple's control, such as the closure of airports or a sudden security crisis, the couple should keep evidence of the closure and of their attempts to travel. Past experience shows that Government may respond to widespread disruption with special measures, but couples cannot rely on that happening. Individual circumstances still need to be put to the Department in writing.
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What to do before the partner visa first entry date passes
Before the partner visa first entry date passes, the couple should confirm the exact date, check every condition on the visa, book travel with time to spare and, if travel is at risk, obtain advice and put the reasons on the record with the Department. Acting before the date is always better than explaining afterwards.
The steps below set out a practical order of actions.
Step 1: Read the grant notice the day it arrives
Record the partner visa first entry date for every family member, and note conditions 8502 and 8515 where they apply. Check that names, dates of birth and passport numbers are correct. Errors in the grant notice should be raised with the Department immediately.
Step 2: Check the passport
Confirm that the passport used in the application is valid for well beyond the planned travel date. If it is not, apply for a new passport immediately and plan to give the Department the new details before travel.
Step 3: Book travel early
Book the first entry well before the partner visa first entry date. Allow for delays, cancelled flights and transit problems. A booking for the final week before the date leaves no margin for error.
Step 4: Identify obstacles honestly
List anything that could stop the holder travelling: health, pregnancy, family duties, employment, study, property and documents. For each one, decide whether a short first entry solves the problem. Most obstacles can be managed this way.
Step 5: Obtain advice and write to the Department if needed
Where travel before the partner visa first entry date is genuinely at risk, get advice about the options and the risks. If the date cannot be met, the reasons and the supporting evidence should be put to the Department in writing before the date passes. If a lawyer is appointed, the firm lodges Form 956 so the Department can correspond with it.
Step 6: Keep building the relationship evidence
The relationship will be assessed again before the Subclass 100 visa is granted. Couples should keep records of visits, contact, shared finances and future plans. The guides to preparing evidence of a genuine relationship and the partner visa document checklist explain what usually helps.
The Australian partner's role in meeting the partner visa first entry date
The Australian partner plays a central role in meeting the partner visa first entry date, even though the condition legally binds the visa holder. The Australian partner is usually the person who organises accommodation, supports the travel arrangements, keeps the relationship evidence together and notices first when plans start to slip.
Planning the move together
Many Australian partners take responsibility for the practical side of the move: arranging a home, preparing for the visa holder's arrival and planning the timing around work and family. The partner visa first entry date should be the fixed point around which every other plan is built. If the Australian partner can travel to the visa holder's country to help with the move, that can often make a short first entry easier to achieve.
Supporting the evidence
The Australian partner is often best placed to gather evidence of the reasons travel is delayed, such as letters from doctors, records of a family emergency or correspondence about a passport application. The Australian partner is also central to the continuing relationship evidence that will matter at the permanent stage. The guide to the partner visa relationship statement explains how each partner's own account is presented.
When the relationship is under strain
A long period apart while the visa holder waits to travel can place real pressure on a relationship. It is important to understand that the Subclass 309 visa was granted on the basis of the relationship. Paragraph 116(1)(a) of the Migration Act allows cancellation where a fact or circumstance on which the grant was based no longer exists. If the relationship ends before first entry, that can create a separate cancellation ground. The guide to what happens if the relationship breaks down explains the onshore position, and where family violence is involved, the family violence provisions may be relevant.
Sponsorship consequences
If a visa is cancelled and the couple need to start again, the Australian partner may need to sponsor a second time. There are legal limits on how many partners a person may sponsor and how often, and some sponsors face additional restrictions. The guides to sponsorship limitations and when a sponsor cannot sponsor a partner visa explain those rules. Protecting the current visa by meeting the partner visa first entry date is almost always easier than starting a new application.
If the partner visa first entry date has already passed
If the partner visa first entry date has already passed, the visa holder should not assume the visa is cancelled, and should not travel without advice. The first step is to confirm whether the visa is still in effect, then assess the cancellation risk, gather evidence of the reasons for the delay and decide on the safest way to travel.
Confirm the current status
The visa holder or their representative should establish whether the visa is still in effect or has been cancelled. A visa can be cancelled without prior notice while the holder is outside Australia, so the status should be checked before any travel is booked. My Migration Lawyers obtains the immigration history itself when acting in a matter, so clients do not need to obtain old records or grant notices for the firm.
Prepare the explanation before travelling
If the visa is still in effect, the holder should be ready to explain the delay at the border with clear documents: medical evidence, passport records, evidence of the family emergency or other circumstances, and evidence of the continuing relationship. The explanation should be consistent with what the Department already holds on file.
Respond to a notice of intention to cancel
If the Department issues a notice of intention to consider cancellation, the response is the most important document in the matter. It must address the ground, the reasons for the delay and every relevant consideration that weighs against cancellation, including the relationship, the Australian partner's circumstances and any children. Time limits for responding are short. The guide to the s57 natural justice letter for a partner visa explains the general approach to answering adverse information in partner matters.
If the visa is cancelled
If the visa has been cancelled, the right path depends on the circumstances of the cancellation and the couple's current situation. Review rights, a new application, or another visa pathway may need to be assessed, and any review deadlines are short and strictly applied. The guides to partner visa refused appeal options, what to expect at an ART review and a partner visa after a visa refusal explain related pathways. The firm's partner visa refusals and visa refusals pages explain how it acts when a decision goes against a couple. The Administrative Review Tribunal replaced the Administrative Appeals Tribunal on 14 October 2024.
What happens after the first entry is made
Once the first entry has been made before the partner visa first entry date, the condition is satisfied, and the visa holder can generally travel in and out of Australia while the Subclass 309 visa remains in effect. The focus then moves to the Subclass 100 stage, where the relationship is assessed again.
The permanent stage
The Department's policy treats the permanent stage as a fresh assessment of the relationship on the evidence available at the time of decision. Couples who spent long periods apart after the first entry should be ready to explain why, and to show continuing contact, financial support and plans to live together. The guide to why partner visas get refused and the most common Subclass 820 refusal reasons show how gaps in the relationship evidence are treated.
Keeping the Department informed
After first entry, the visa holder should keep the Department informed of changes in address, passport details and circumstances. If the Department asks for more information, the request should be answered fully and on time. A partner visa that has survived a difficult first entry should not then be put at risk by a missed request.
Subclass 300 holders after entry
For a Subclass 300 visa holder, entry is only the first step. The couple must marry within the visa period under condition 8519 and then lodge the onshore partner application while the Subclass 300 visa is still in effect. The guide to the Subclass 820 visa and the Subclass 820 evidence checklist explain what follows.
Common partner visa first entry date mistakes
The most common partner visa first entry date mistakes are leaving the first entry until the last weeks, misreading the date, assuming the date can be extended, and assuming a missed date has no consequence. Each of these mistakes is avoidable.
Treating the date as a target rather than a deadline
Couples sometimes plan to travel close to the partner visa first entry date to allow the visa holder to finish work or study. Any delay, such as a flight cancellation or a passport problem, then becomes a breach. The first entry should be planned well before the date.
Calculating the date from medical or police checks
As explained above, for partner visas the date is not meant to be set by reference to health or police check expiry. Couples should rely on the grant notice, not on their own calculations.
Sending children ahead
Where condition 8502 applies, a child may not enter Australia before the main visa holder. Sending a child ahead to start school can cause a breach.
Marrying overseas before entry on a Subclass 300 visa
Condition 8515 prevents a Subclass 300 visa holder from marrying before entering Australia. A wedding planned in the home country must take place after the first entry, and within the visa period.
Assuming the Department will grant more time
There is no standard extension. Couples who wait for an extension that never comes lose the opportunity to make a short first entry while the date is still open.
Travelling late without preparation
A late arrival without documents explaining the delay invites a cancellation decision at the border. Advice before travel is essential. Couples who lodged their own application and now face this problem can read the guide to hiring an immigration lawyer after lodging your own visa application.
How My Migration Lawyers helps with partner visa first entry date problems
My Migration Lawyers helps couples protect a granted partner visa when the partner visa first entry date is at risk, by assessing the options before the date passes, putting the reasons on the record with the Department and, where needed, responding to cancellation concerns. The firm deals with complex partner visa cases, acts in many matters involving the Subclass 309 and Subclass 300 visas, and is capable of handling the difficult situations that arise when travel cannot happen as planned.
Acting before the date passes
The best time to seek advice is when a couple first realise the partner visa first entry date may be difficult to meet. The firm reviews the grant notice and every condition on the visa, including conditions 8502 and 8515, and assesses whether a short first entry is realistic. It explains the risks clearly and helps the couple choose the safest course. Where the date genuinely cannot be met, the firm prepares a written explanation for the Department with the supporting evidence, so the reasons are on the record before any cancellation decision is considered. Couples who want to understand the role of a lawyer in this kind of matter can read the guides to what an immigration lawyer does and when you need an immigration lawyer for a partner visa.
Acting when cancellation is threatened
Where the partner visa first entry date has passed, or the Department raises cancellation, the firm prepares the response, addressing the ground and every consideration that weighs against cancellation. The response presents the couple's own account and evidence in the form the law requires. The firm also considers the wider picture: the Subclass 100 assessment that lies ahead, any Schedule 3 waiver issues if the visa holder later finds themselves in Australia without a substantive visa, and the Schedule 3 criteria for partner visas. For couples who need prompt help, the guide to urgent immigration lawyer advice explains how urgent matters are handled.
Partner visas from start to finish
The firm also acts for couples at every other stage of the partner visa process, from the Subclass 820 partner visa and the 820 visa requirements to Form 888 statements, Form 80, section 56 requests, same-sex partner visas and moving from a tourist visa to a partner visa. Couples who want a review of advice received elsewhere can read about getting a second opinion from an immigration lawyer, and the guide to migration agents and immigration lawyers explains the difference factually.
Who handles your matter
Partner visa work at My Migration Lawyers is led by Weiwei Zhang, Principal Lawyer. My Migration Lawyers is an Australian immigration law firm, and more about its approach is on the About My Migration Lawyers page and the partner visa lawyers page. The firm acts for couples across Australia with consultations by video, including in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Couples comparing firms can read the guides to choosing the best partner visa lawyer in Australia and in Sydney, Melbourne, Brisbane, Perth, Adelaide, Canberra, the Gold Coast, Hobart and Parramatta. The guide to booking an immigration lawyer consultation explains what happens at the first meeting.
Book a consultation about your partner visa first entry date
If your partner visa first entry date is approaching and travel is uncertain, or the date has already passed, get advice now, while the options are still open. Book a Consultation with My Migration Lawyers to have your situation assessed by a firm that regularly acts in partner visa matters of this kind. You can also call 1300 040 300.
Frequently Asked Questions
What is the partner visa first entry date?
The partner visa first entry date is the date by which a person granted a Subclass 309 or Subclass 300 visa outside Australia must first enter Australia on that visa. It comes from clauses 309.611 and 300.611 of the Migration Regulations 1994. The Department sets the date when the visa is granted and shows it on the grant notice. Each family member included in the visa must meet it.
How is the partner visa first entry date calculated?
Under Department policy, the partner visa first entry date for a Subclass 309 visa should be 12 months from the date of grant. For a Subclass 300 visa it should be no more than 12 months from grant, and where the visa lasts less than 12 months it falls on the day the visa ends. Always rely on the date shown on the grant notice.
Is the partner visa first entry date based on my medical or police check?
No. For partner visas, Department policy says the first entry date should not be set by reference to the expiry of health checks, police clearances or sponsorship arrangements. That method applies to some other visa types. For the Subclass 309, Subclass 300 and Subclass 100 visas, the date is set under the 12-month policy and appears on the grant notice.
Can the partner visa first entry date be extended?
No. There is no application form or standard process to extend a partner visa first entry date after grant. Extensions in recent years came only through special changes to the law during the COVID-19 period. If travel is at risk, the safest course is to make a short first entry before the date, or to put the reasons and evidence to the Department in writing before the date passes.
What happens if I miss the partner visa first entry date?
Missing the partner visa first entry date does not cancel the visa automatically. It means the holder has not complied with a condition, and the visa becomes liable to cancellation under paragraph 116(1)(b) of the Migration Act 1958. Cancellation is usually discretionary, so the reasons for the delay and the evidence supporting them matter. A visa held by someone outside Australia can be cancelled without prior notice.
Can I still travel after my partner visa first entry date has passed?
Yes, if the visa is still in effect, but there is real risk. The Department's partner visa guidance says a person can travel with an expired first entry date if the visa is still valid, but the visa may still be cancelled before arrival or at the border. Get advice and prepare documents explaining the delay before booking any flight.
Does a short trip satisfy the partner visa first entry date?
Yes. The condition requires the first entry to be made before the specified date. It does not require the holder to stay in Australia permanently from that day. A short first entry can satisfy the condition, after which the holder may return overseas to finish their affairs. Any later time apart should be explained, because the relationship is assessed again at the permanent stage.
What if I am pregnant and cannot fly before the partner visa first entry date?
Where possible, make the first entry before travel becomes medically difficult, following the airline's rules and medical advice. If travel is not possible before the date, obtain medical evidence and write to the Department before the date passes. A baby born after the visa is granted is not included in the parent's visa and will need its own pathway, such as citizenship by descent or a child visa.
What if my passport expires before the partner visa first entry date?
Apply for a new passport immediately and give the Department the new passport details before you travel. The visa is linked to the passport used in the application. If a passport office delay is the only reason you cannot travel in time, keep evidence of your application and correspondence, and put that evidence to the Department before the partner visa first entry date passes.
Does the partner visa first entry date apply to my children?
Yes. Dependent children included in the visa have their own partner visa first entry date, set under the same policy. Condition 8502 may also be imposed, which prevents the holder from entering Australia before the person named in the visa. This means a child may not be able to travel ahead of the main visa holder. Check each family member's grant notice.
Can I marry overseas before entering Australia on a Subclass 300 visa?
No. Condition 8515 is mandatory for a primary Subclass 300 visa holder and prevents the holder from marrying or entering into a de facto relationship before entering Australia. The holder must make the first entry before the first entry date, and may then leave Australia to marry overseas. The marriage must take place within the visa period under condition 8519.
What happens if I miss the first entry date on a Subclass 300 visa?
If the Subclass 300 visa was granted for less than 12 months, the first entry date falls on the day the visa ends, so missing it usually means the visa has expired. Where the visa runs longer, missing the date creates a cancellation risk. Either way, the couple's plans to marry and apply onshore are seriously affected, and advice should be obtained immediately.
Does an onshore Subclass 820 applicant have a first entry date?
No. A partner visa first entry date applies where the visa is granted while the holder is outside Australia. Applicants for the Subclass 820 visa are in Australia when they apply and when the visa is granted, so they are not subject to a first entry date. Their concerns usually relate to bridging visas, work rights and the permanent Subclass 801 stage.
What role does the Australian partner play with the first entry date?
The Australian partner does not hold the visa, so the condition does not bind them, but they play a central role. They usually help plan the move, gather evidence of any reason for delay and keep the relationship evidence current for the permanent stage. If a visa is cancelled, the Australian partner may also need to sponsor again, which can involve sponsorship limits.
Should we tell the Department if we cannot meet the partner visa first entry date?
Yes. Although writing to the Department does not move the partner visa first entry date, it places the reasons and supporting evidence on the record before any cancellation decision is considered. Because cancellation is usually discretionary, a genuine reason documented early is far stronger than an explanation given for the first time at the airport.
Can My Migration Lawyers help if our partner visa first entry date is at risk?
Yes. My Migration Lawyers assesses the visa conditions and the realistic travel options, explains the risks and, where the date cannot be met, prepares a written explanation for the Department with supporting evidence. If cancellation is raised, the firm prepares the response. Partner visa work is led by Weiwei Zhang, Principal Lawyer, with consultations by video.
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.
