Australian Partner Visa for Nepalese Citizens

What is a partner visa for Nepalese citizens?

A partner visa for Nepalese citizens is an Australian partner visa granted to a citizen of Nepal who is married to, or in a de facto relationship with, an Australian citizen, Australian permanent resident or eligible New Zealand citizen. There is no separate visa for Nepal. The partner visa for Nepalese citizens uses the same Migration Act 1958, the same Migration Regulations 1994 and the same criteria as every other partner application. What changes is the evidence: Nepalese civil documents, Nepalese police records, Nepali translations, and the family and cultural patterns that the Department of Home Affairs looks at closely.

This guide is written for two readers. The first is the Nepalese partner, who is very often already in Australia on a student visa. The second is the Australian partner, who will be the sponsor. Many sponsors are themselves former Nepalese students who are now permanent residents or citizens. The guide explains who can sponsor, which pathway fits, how to move from a student visa to a partner visa, which Nepalese documents are needed, and where applications go wrong. For the full legal framework, read the complete guide to partner visas in Australia. Couples who want their own facts checked can speak with our partner visa lawyers.

Why the student visa matters so much

Most enquiries about a partner visa for Nepalese citizens come from people who are studying in Australia. The student visa gives the Nepalese partner lawful status in Australia, and that status is the single most valuable thing the couple has when they plan an onshore application. If the application is lodged while the student visa is in effect, the applicant usually receives a bridging visa and avoids the Schedule 3 criteria. If the student visa ends first, or is refused or cancelled, the application becomes harder and in some cases much harder. Timing is therefore the first issue in almost every partner visa for Nepalese citizens.

What the Department assesses for every couple

The Department must be satisfied that the couple have a mutual commitment to a shared life as spouses or de facto partners to the exclusion of all others, that the relationship is genuine and continuing, and that they live together or do not live separately and apart on a permanent basis. It assesses four aspects of the relationship: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. Our guide to partner visa evidence explains each aspect in detail. A partner visa for Nepalese citizens is decided on exactly the same test.

Who can sponsor a partner visa for Nepalese citizens?

The sponsor for a partner visa for Nepalese citizens must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, and must be the applicant's spouse or de facto partner. A person who holds only a temporary visa, such as a student visa or a graduate visa, cannot sponsor a partner visa, however long they have lived in Australia.

This rule surprises many Nepalese couples. It is common for both partners to have come to Australia as students, or for one to be the student and the other to have come as a dependant on the student visa. In that situation the partner visa is not yet available to them. The pathway opens only when one partner becomes a permanent resident or citizen.

When a former Nepalese student becomes the sponsor

A former student who has been granted permanent residence, for example through a skilled visa, can sponsor a partner visa for Nepalese citizens for a spouse or de facto partner. A Nepalese citizen who has become an Australian citizen can do the same. The sponsor should be careful about one point. If the relationship already existed when the sponsor applied for their own permanent visa, the Department may compare that application with the partner application. A relationship that was not declared when it should have been can raise questions about credibility and about whether information given to the Department was accurate. The Form 80 guide explains why personal history answers must match across applications.

Two student visa holders

If both partners hold student visas, neither of them can sponsor the other for a partner visa. The usual arrangement for a couple in that position is that one partner holds the student visa as the main applicant and the other is included as a family member. That is a student visa arrangement, not a partner visa. It is important to understand the difference, because a couple who think they are on a partner pathway when they are not can lose valuable time.

Sponsorship limitations

Regulation 1.20J of the Migration Regulations 1994 limits how often a person can sponsor a partner. In general, a sponsor cannot sponsor more than two partners in a lifetime, and cannot sponsor a new partner within five years of an earlier sponsorship, unless there are compelling circumstances. A sponsor who was granted their own visa as a partner within the last five years is also affected. The sponsorship limitations service page and our article on when a sponsor cannot sponsor a partner visa explain the rule and the exceptions.

Which partner visa pathway fits a Nepalese citizen?

The right pathway for a partner visa for Nepalese citizens depends on where the Nepalese partner is when the application is lodged and on whether the couple are married, de facto or engaged. There are three main options.

• The onshore partner visa, Subclass 820 followed by Subclass 801. The Nepalese partner must be in Australia when the application is lodged. This is the usual pathway for Nepalese students.
• The offshore partner visa, Subclass 309 followed by Subclass 100. The Nepalese partner must be outside Australia when the application is lodged and when the first stage is granted. This is the usual pathway where the Nepalese partner lives in Nepal and the sponsor lives in Australia.
• The Subclass 300 prospective marriage visa. This is for an engaged couple who intend to marry in Australia within the visa period, where the Nepalese partner is outside Australia.

Each partner pathway is a two-stage process. The first stage is temporary and the second stage is permanent. One application covers both stages. The Subclass 820 vs Subclass 801 explainer shows how the onshore stages fit together, and the Subclass 820 visa guide explains the onshore criteria.

The offshore pathway is lodged online

No paper forms are posted from Nepal. An offshore application for a partner visa for Nepalese citizens is lodged online through ImmiAccount, just like an onshore one. In practice the Australian partner, as sponsor, is usually the person who engages a lawyer and coordinates the evidence, while the Nepalese partner provides documents from Nepal. Our guide on how to create an ImmiAccount explains the account itself.

The government charge as at October 2026

As at October 2026, the Department of Home Affairs charge for a partner visa is from AUD 11,710 for most applicants. A Subclass 300 holder who later applies for the onshore partner visa in Australia pays from AUD 1,955. One charge covers both stages of the combined application. Charges are reviewed each 1 July. A lower charge applies from 1 July 2026 to eligible Pacific Island and Timor-Leste citizens, but that concession does not apply to Nepalese citizens. Police certificates, health examinations, translations and biometrics are extra costs. The Subclass 820 cost guide sets out how each cost arises.

Married, de facto or engaged

A married couple must have a marriage that is valid for the purposes of Australian law. A de facto couple must generally have been in the de facto relationship for at least 12 months before the application, unless the relationship is registered under an Australian state or territory law or there are compelling and compassionate circumstances. The 12-month de facto rule article and the guide to the de facto partner visa explain this requirement. Many Nepalese couples marry in Nepal, in Australia or in both places, which is why marriage evidence is discussed in detail below.

Moving from a student visa to a partner visa: step by step

A Nepalese student can apply for the onshore partner visa while still holding a student visa, provided the sponsor is eligible, the relationship meets the legal definition and nothing in the student's visa history prevents a valid application. The steps below set out the order in which a partner visa for Nepalese citizens is usually prepared when the applicant is a student in Australia.

Step 1: check the student visa expiry date and conditions

The first step is to find the exact date the student visa ends. That date sets the deadline for the safest lodgement. The second step is to check the conditions on the student visa. Most student visas do not carry condition 8503, the no further stay condition that appears on many visitor visas, but every grant is different. If the Nepalese partner previously held a visitor visa, a waiver issue may also arise. Our article on condition 8503 and the Subclass 820 visa explains how that condition works. My Migration Lawyers obtains the visa history itself through VEVO and Department records, so the client does not need to find old grant notices.

Step 2: confirm that the relationship meets the definition

The couple must be married, or in a de facto relationship that meets the legal test, at the time of application. A couple who have dated for some months but have never lived together are not yet in a position to apply as de facto partners. A couple who are married in a valid ceremony can apply even if the marriage is recent, although a short relationship will be examined more closely. The question is not only what the couple call themselves. It is what the evidence shows.

Step 3: collect Nepalese and Australian documents

The applicant needs identity documents, Nepalese civil documents, a Nepal Police Clearance Report and Australian police certificates where they apply, and evidence of the relationship. The sponsor needs proof of their citizenship or permanent residence and their own Australian police certificate. The partner visa document checklist and the Subclass 820 evidence checklist list the general documents. The Nepalese documents are covered later in this guide.

Step 4: lodge before the student visa ends

The application for a partner visa for Nepalese citizens should be lodged while the student visa is still in effect. If it is, the applicant does not face Schedule 3, and in most cases a Bridging Visa A is granted with the application. It is not necessary to have every document in hand on the day of lodgement. Many documents can be uploaded after lodgement. What cannot be changed after lodgement is the applicant's visa status on the day the application was made.

Step 5: understand the bridging visa

The Bridging Visa A usually comes into effect when the student visa ends, and keeps the applicant lawful while the partner application is processed. The conditions on the bridging visa, including any work conditions, should be checked when it is granted. The articles on the Bridging Visa A and on work rights while waiting for a Subclass 820 visa explain the detail. A bridging visa does not allow return travel to Australia. A Nepalese applicant who needs to visit Nepal, for example for a family event, will usually need a Bridging Visa B before leaving. The Bridging Visa B guide explains how that works.

Step 6: keep complying with the student visa while it lasts

Lodging a partner visa application does not cancel the student visa. While the student visa remains in effect, its conditions still apply, including the conditions about enrolment and course progress. A student who stops studying before the student visa ends can put that visa at risk of cancellation, and a cancellation can create a section 48 problem. The safest course is to follow the student visa conditions until the bridging visa takes over. Our page on visa cancellations explains why a cancellation can be so serious.

Processing time

Processing times change. The Department publishes current figures, and our article on how long the Subclass 820 takes explains what affects them. A partner visa for Nepalese citizens is not processed in a separate stream, but a file with incomplete Nepalese documents or unclear translations will often wait longer for further requests.

Student visa dependants and other family members

A Nepalese person who came to Australia as the spouse or partner of a student, and was included as a family member on that student visa, can apply for a partner visa only if they are now in a relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen. This situation arises in three common ways, and each one needs care in a partner visa for Nepalese citizens.

The student becomes a permanent resident

The first is where one partner, often the original student, is granted permanent residence and the other partner was not included in that permanent visa. The permanent resident can then sponsor the other for a partner visa. The Department will look at why the partner was not included in the permanent visa application. If the couple were together at the time, the answers in that earlier application matter.

A new relationship after an earlier student visa relationship

The second is where a Nepalese person was included in a student visa as the spouse of one person, and is now in a new relationship with an Australian sponsor. The earlier relationship must be declared, and any divorce or separation must be explained with documents. Failing to declare a previous spouse who appeared in an earlier visa application is one of the most serious errors a Nepalese applicant can make. The Department has the earlier application on its own records.

Children

The third is where there are children. A dependent child can usually be included in the partner visa for Nepalese citizens as an additional applicant. The child's birth registration, citizenship or identity documents and, where a parent is not included, evidence of that parent's consent or of legal custody may be needed. A child who is studying in Australia on their own student visa is a separate question. The partner visa document checklist lists the usual documents for children.

What if the student visa has already ended or been refused?

If the student visa has already ended, the applicant can still apply for an onshore partner visa in many cases, but the extra Schedule 3 criteria will apply unless the application is made within 28 days after the last substantive visa ceased. If a student visa or other visa was refused or cancelled after the applicant last entered Australia, section 48 of the Migration Act 1958 adds further validity rules. These are the two traps that cause the most damage in a partner visa for Nepalese citizens.

Schedule 3 and the 28-day window

Schedule 3 criteria 3001, 3003 and 3004 apply to an onshore applicant who does not hold a substantive visa when the application is made. A Bridging Visa A, B or E is not a substantive visa. Criterion 3001 requires the application to be made within 28 days after the last substantive visa ended, unless the applicant shows that factors beyond their control caused the delay. For a partner visa, the Department can waive the Schedule 3 criteria if there are compelling reasons for not applying them. The Schedule 3 waiver service page, the article on Schedule 3 criteria for unlawful applicants and the guide to the Schedule 3 partner visa waiver explain what compelling reasons usually involve.

A Nepalese student who applied for a further student visa, was refused, and remained in Australia on a bridging visa pending review is a common example. On the day of the partner application that person usually holds only a bridging visa, so Schedule 3 is in play. The Tribunal decisions later in this guide include a case with exactly that reported issue.

Section 48 and the two statutory declarations

Section 48 applies to a person in Australia who does not hold a substantive visa and who has had a visa refused or cancelled since last entering Australia. A person to whom section 48 applies can still apply for a partner visa in Australia, but only if extra validity requirements are met on the day of lodgement. One of them is that two statutory declarations must be lodged with the application, each made by an Australian citizen, Australian permanent resident or eligible New Zealand citizen, and each made no more than 6 weeks before lodgement. Form 888 statements do not satisfy that rule. An application lodged without the two declarations is not a valid application. The article on a partner visa after a visa refusal explains this pathway.

Applicants who are already unlawful

A Nepalese person who has stayed in Australia after their visa ended without any visa is unlawful. A partner visa for Nepalese citizens in that situation needs urgent advice. A partner application is still possible in many cases, but Schedule 3 will apply, and the person may also face detention and removal while the issue remains unresolved. Our guide on urgent immigration lawyer advice explains what to prepare.

Nepalese marriage registration and civil documents

The core Nepalese civil documents for a partner visa for Nepalese citizens are usually the marriage registration certificate, the citizenship certificate, the birth registration certificate and, where relevant, divorce or death records for an earlier marriage. Each document should be checked for consistent names, dates and places before it is lodged.

Marriage registered at the ward office

In Nepal, marriage is a personal event that is registered with the local registrar at the ward office of the local level. The national system is overseen by the Department of National ID and Civil Registration, and ward offices register personal events through its online system. The document produced is commonly called the marriage registration certificate. For a partner visa for Nepalese citizens, this certificate is usually the main evidence that the marriage took place and was recorded. The date of registration may be later than the date of the wedding ceremony, and the relationship statement should explain any gap.

Court marriage

Some couples marry through a court marriage process in Nepal rather than through a family ceremony followed by ward registration. Couples who chose a court marriage, sometimes because their families did not support the marriage, should provide the document issued to them and should explain the circumstances honestly in the relationship statement. The Department is interested in whether the marriage is valid and whether the relationship is genuine, not in which form of ceremony the couple preferred.

A religious or traditional ceremony without registration

A Hindu, Buddhist, Kirat or other traditional ceremony is often the most important day for the families. If the ceremony took place but the marriage was never registered, the couple may still have a valid marriage, but they will have a harder time proving it. Where the validity of the marriage is uncertain, the couple may be able to apply as de facto partners instead, or to register or formalise the marriage before lodging. Whether a marriage that took place in Nepal is valid in Australia is assessed under Australian law, and the couple should get advice before relying on an unregistered ceremony. The general guide to preparing evidence of a genuine relationship explains how ceremony photographs and guest evidence fit with the formal documents.

Marrying in Australia

Many Nepalese students marry in Australia. A marriage in Australia must comply with the Marriage Act 1961, including the Notice of Intended Marriage period, and the couple will receive an Australian marriage certificate. Some couples then hold a family ceremony in Nepal later. Both events are useful evidence. The Australian certificate establishes the legal marriage, and the Nepal ceremony is strong evidence of family and community recognition.

Citizenship certificate, birth registration and other identity documents

The Nepalese citizenship certificate is a key identity document for a partner visa for Nepalese citizens, together with the passport and, where held, the national identity card. The birth registration certificate supports the date and place of birth. Some applicants also hold a certificate of unmarried status or marital status issued by the ward office, which can help where the applicant has no previous marriage. Names should match across the passport, the citizenship certificate, the birth registration and the marriage registration. Where they do not match, for example because a family name or a given name is spelled differently, the difference must be explained.

Bikram Sambat dates

Nepalese documents are often dated in the Bikram Sambat calendar, which is the official calendar of Nepal. A Bikram Sambat date is not the same as the Gregorian date. A translation that copies the year without converting it, or converts it incorrectly, can make a document appear to say that the marriage or birth happened in a different year. That kind of error is a common reason for further requests in a partner visa for Nepalese citizens. The translation should show the date as written and the correct Gregorian date, and the forms should use the Gregorian date consistently.

Previous marriages and divorce in Nepal

If either partner was married before, the earlier marriage must have ended before the current marriage, or before the de facto relationship is relied on. A divorce in Nepal is a court process, and the court decision or the registration of the divorce is the usual evidence. The Department assesses whether a divorce is recognised under Australian law. A marriage entered into before an earlier divorce was final may not be valid, even if the couple have lived together for years. In that case advice is needed on whether to apply on a de facto basis. The why partner visas get refused article explains how undisclosed or unresolved earlier relationships cause refusals.

The Nepal Police Clearance Report

The Nepal Police Clearance Report is the police certificate usually provided for a partner visa for Nepalese citizens. Nepal Police provides the report, which it calls a character certificate, to Nepalese and foreign citizens who apply online through the Online Police Clearance Registration system. The Nepal Police system also allows a report to be verified.

Who needs a police certificate

As a general rule, the Department asks for a police certificate from each country where the person has lived for 12 months or more in the last 10 years since turning 16. For most Nepalese students, that means a Nepal Police Clearance Report and an Australian Federal Police check. A person who lived in a third country, for example while working or studying in the Gulf, Malaysia, India or elsewhere, may need a certificate from that country as well. The sponsor usually needs an Australian police check too.

Timing

Police certificates have a limited period of validity for visa purposes, and this affects the timing of a partner visa for Nepalese citizens. Requesting the Nepal report too early can mean it expires before the Department makes a decision. Requesting it too late can delay the application. The usual practice is to request police certificates when the Department asks for them, or close to lodgement, depending on the case.

Character issues

Character is assessed for every partner visa for Nepalese citizens. If the applicant or the sponsor has a criminal record in Nepal, in Australia or anywhere else, it must be disclosed. A record does not automatically mean refusal, but it changes how the application must be prepared. Australian character rules, including section 501 of the Migration Act 1958, apply to every applicant. A conviction, a pending charge or an Apprehended Violence Order should be raised with a lawyer before the application is lodged. Where family violence has occurred in the relationship, the family violence partner visa page explains the separate protections available to applicants.

Nepali translations

Any document that is not in English must be provided with an English translation, and a partner visa for Nepalese citizens almost always includes some documents in Nepali. Translations made in Australia should be made by a translator certified by NAATI, the National Accreditation Authority for Translators and Interpreters. For a partner visa for Nepalese citizens, this usually means the marriage registration certificate, the citizenship certificate, the birth registration certificate, any divorce documents and some relationship evidence written in Nepali.

What a good translation includes

A good translation covers the whole document, including stamps, seals, handwritten notes and the details of the issuing office. It converts Bikram Sambat dates correctly. It spells names exactly as they appear in the passport. Where a name is transliterated from Devanagari script in more than one way, the translation should note it so that the decision maker can see that the documents refer to the same person.

Translating relationship evidence

Chat messages, letters and cards written in Nepali do not all need to be translated. The relationship statement can describe them, and a representative sample can be translated. The guide to Form 888 example answers and common mistakes explains how supporting witnesses should write their own evidence, including witnesses whose first language is Nepali.

Arranged marriage evidence in a partner visa for Nepalese citizens

An arranged marriage can support a partner visa for Nepalese citizens in the same way as any other marriage, provided the evidence shows that the relationship is now genuine and continuing and that the couple share a mutual commitment to a shared life. Australian law does not treat an arranged marriage as less genuine. What the Department looks at is the relationship that exists now, not how the couple first met.

Why arranged marriages attract questions

Decision makers sometimes see arranged marriages where the couple spent little time together before the wedding, lived in different countries afterwards, and had limited shared finances. Those facts are common in genuine arranged marriages, but they also leave fewer documents. A partner visa for Nepalese citizens based on an arranged marriage therefore needs evidence that fills those gaps with detail.

Evidence that helps

• How the introduction happened, who arranged it, and how the families came to agree.
• The engagement and the wedding, with photographs that show both families, the rituals and the guests.
• The period after the wedding, including where the couple lived and for how long.
• Communication during any period apart, and visits.
• Financial support between the couple, and decisions they make together.
• Form 888 statements from people who know the couple as a married couple, not only from people who attended the wedding.

The relationship statement is the couple's own account of these events. It should be written in their own words, and it should be consistent with every other document. The guide to the partner visa relationship statement explains what it should cover.

Short introductions and rapid marriages

Some Nepalese couples are introduced by family and marry within weeks. The Department will ask whether the couple knew enough about each other to form a mutual commitment. The answer is in the detail: what they discussed before agreeing, what they know about each other's families, studies, work and plans, and how the relationship has developed since. An applicant who cannot answer basic questions about the sponsor's life will struggle at interview.

Caste, family disapproval and the social aspects of the relationship

Family disapproval, including disapproval connected with caste or religion, does not prevent a partner visa for Nepalese citizens, but it changes what the social evidence looks like and it should be explained openly. The Department assesses the social aspects of the relationship, which include whether friends and family know about the relationship and whether the couple present themselves as a couple. When one family opposes the relationship, that part of the evidence is often thinner, and the reason needs to be explained.

Explaining family opposition

If a family refused to attend the wedding, did not support a court marriage, or does not acknowledge the relationship, the relationship statement should say so plainly and explain the reason. It should also explain how the couple's relationship is recognised by others, such as friends in Australia, colleagues, classmates, the other partner's family or members of the community. A gap in the evidence that is explained is far less damaging than a gap that the decision maker has to guess about.

Evidence that replaces family recognition

Where family recognition is limited, other social evidence carries more weight: Form 888 statements from friends, invitations addressed to both partners, joint memberships, shared travel, photographs at events in Australia, and participation in community events such as Dashain and Tihar celebrations together. The guide to Form 888 statements explains who can make one.

Safety comes first

Family opposition sometimes leads to threats or violence. If either partner is in danger, safety comes first. Partner visa law contains family violence provisions that can allow an applicant to continue in some circumstances if the relationship ends because of family violence by the sponsor. A person who is unsafe should contact the police and support services, and should get legal advice about their visa position.

Evidence of the four aspects for Nepalese couples

For a partner visa for Nepalese citizens, the four aspects of the relationship are assessed in the same way as for every couple, but the evidence often looks different because of student finances, shared housing and family obligations in Nepal. The points below describe how each aspect is commonly shown.

Financial aspects

Students often have limited income and few assets. That is normal in a partner visa for Nepalese citizens and is not a reason for refusal on its own. Useful evidence includes a joint bank account, shared rent, shared bills, money transfers between the partners, and shared responsibility for expenses. Many Nepalese couples send money to family in Nepal. Payments to the applicant's or sponsor's parents can be relevant if they show a joint decision or a joint obligation. They should be explained in the relationship statement, so that the decision maker does not read them as money leaving the relationship.

Nature of the household

Many students live in shared houses, and this is one of the most common household situations in a partner visa for Nepalese citizens. A couple who share a room in a shared house still live together. The lease, a letter from the head tenant or the other housemates, shared mail and the couple's own description of how they divide household tasks can all help. If the couple lived apart because of study locations or work, that should be explained.

Social aspects

The social aspects cover how the couple present themselves to others. For Nepalese couples, evidence often includes photographs at cultural and religious events, at family gatherings in Nepal or in Australia, joint travel, and Form 888 statements from friends in Australia. Social media can help, but it is not decisive.

Nature of the commitment

The commitment aspect covers the length of the relationship, the couple's knowledge of each other, their plans for the future and their support for each other. Evidence of plans, such as a shared plan for further study, a house deposit, or children, is relevant. So is evidence of support during difficult times, such as illness, study pressure or a family death in Nepal.

Communication evidence when living apart

If the couple have lived in different countries, communication evidence matters in a partner visa for Nepalese citizens. Nepalese couples commonly use Viber, WhatsApp, Facebook Messenger and similar apps. The evidence should be a representative sample across the whole period, with dates visible, and should not be thousands of screenshots. The Subclass 820 partner visa guide and the 820 visa requirements article explain how communication fits with the other evidence.

After lodgement

After a partner visa for Nepalese citizens is lodged, the couple must tell the Department about changes, such as a new address, a new passport or a change in the relationship, using Form 1022 where it applies. The article on Form 1022 change of circumstances explains when to lodge it. If the relationship ends before the decision, the article on what happens if the relationship breaks down explains the consequences. If the Department sends a request for more information, the guide to a section 56 request explains how to respond, and the guide to an s57 natural justice letter explains what to do when the Department has adverse information.

Why a partner visa for Nepalese citizens is refused, and the 28-day review deadline

A partner visa for Nepalese citizens is usually refused for one of five reasons: the Department is not satisfied that the relationship is genuine and continuing, the application did not meet Schedule 3 or section 48 rules, there were inconsistencies in identity or civil documents, a previous relationship or earlier visa answer was not disclosed, or a character or public interest criterion was not met. The articles on why Subclass 820 visas are refused and on partner visa refusal appeal options explain these grounds.

False or misleading information

Public interest criterion 4020 allows a refusal where false or misleading information, or a bogus document, has been given to the Department. For Nepalese applicants, the risk often comes from earlier applications: a student visa application that described the applicant as single when they were married, an undeclared previous spouse, or financial documents in an earlier application that were not genuine. These problems should be identified before the partner application is lodged, not after the Department raises them.

The ART deadline and fee as at October 2026

If a partner visa for Nepalese citizens is refused, the decision can usually be reviewed by the Administrative Review Tribunal. Under subsection 347(3) of the Migration Act 1958, the application for review must be made within 28 days after the day the applicant is notified of the decision, or 7 days if the person is in immigration detention. The deadline cannot be extended. For an onshore Subclass 820 refusal, the applicant applies for review and must be in Australia. For a Subclass 309 refusal where the applicant is outside Australia, the Australian sponsor applies for review.

The ART fee for review of a partner visa refusal is AUD 3,727 for fees paid on or after 1 July 2026. The fee must be paid by the review deadline. A 50% reduction may be granted for financial hardship, and the ART refunds 50% of the fee if the decision is set aside or varied or the matter is remitted to the Department. The guides to the ART review process and to when you need a visa appeal lawyer explain the review stage, and the partner visa refusals service page and the general visa refusals page explain how the firm acts on a refusal.

What Tribunal decisions show for partner visas involving students and arranged marriages

Tribunal decisions show that the issues most relevant to a partner visa for Nepalese citizens, such as student visa histories, the 28-day Schedule 3 window, arranged marriages, cultural ceremonies and undisclosed earlier relationships, are examined closely on review. Every decision listed below was remitted, which means the Tribunal sent the matter back to the Department to reconsider. The headnotes of these decisions do not state the nationality of any party, and nothing about nationality should be read into them. They are listed because their reported issues match the risk points discussed in this guide.

• Namsombun (Migration) [2020] AATA 2611, Subclass 820: the reported issues were that the application was made more than 28 days after the last substantive visa held, and that the applicant held a bridging visa pending review of the refusal of a further student visa.
• 1814675 (Migration) [2020] AATA 3017, Subclass 820: the reported issues were an application made more than 28 days after the last substantive visa held, the cancellation of a student visa and a lengthy unlawful stay, and the sponsor's mental health.
• Pham (Migration) [2026] ARTA 1917, Subclass 820: the reported issues were a Federal Circuit and Family Court remittal, false or misleading information, and a previous application as a secondary applicant with a first husband that was not declared.
• Gillard (Migration) [2019] AATA 2934, Subclass 309: the reported issues were a concern about the reliability of certain evidence, a language barrier, an arranged marriage, and relatives' evidence found credible.
• Hamid (Migration) [2023] AATA 1909, Subclass 309: the reported issues were a genuine and continuing relationship, the four aspects of the relationship, and a valid marriage days after the couple were introduced by parents.
• Ahmed (Migration) [2024] AATA 2096, Subclass 309: the reported issues were a genuine and continuing relationship, a traditional marriage arranged by parents and registered in the home country, and a delay in processing the visa with a long and difficult separation.
• 1803597 (Migration) [2019] AATA 508, Subclass 309: the reported issues were a genuine and continuing relationship, an arranged marriage, living in separate countries and little time spent together.
• Dipan (Migration) [2018] AATA 3120, Subclass 820: the reported issues were a genuine spousal relationship, the marriage certificate, photographs of the wedding and a cultural wedding ceremony.
• Mahrami (Migration) [2019] AATA 4654, Subclass 309: the reported issues were a genuine spouse or de facto relationship, a valid marriage, a religious wedding not properly registered in the home country, and remarriage in another country.

These decisions do not decide any other couple's case. Each turned on its own evidence. What they show is that a missed Schedule 3 window after a student visa, an undeclared earlier relationship, an unregistered ceremony and an arranged marriage with little time together are all issues that decision makers take seriously, and that they can be addressed when the evidence is explained properly and on time.

How My Migration Lawyers helps Nepalese citizens and their Australian partners

My Migration Lawyers helps with a partner visa for Nepalese citizens by fixing the timing first, especially the student visa expiry date, and then reviewing every Nepalese civil document, translation and police report against the forms and the relationship evidence before the application is lodged. The firm acts in many partner matters for Nepalese students and their Australian partners, deals with complex cases such as Schedule 3, section 48, refused student visas, undeclared earlier relationships and unregistered ceremonies as a regular part of its work, and is capable of handling these matters from first advice to decision.

On a partner visa for Nepalese citizens, the work usually follows this sequence.

• Visa status and deadline check. The firm obtains the Nepalese partner's Australian visa history itself through VEVO and Department records, confirms the student visa expiry date and conditions, and sets a lodgement date that keeps the applicant inside the safest window.
• Sponsor and pathway check. The firm confirms that the sponsor is an Australian citizen, permanent resident or eligible New Zealand citizen, checks the sponsorship limitation in regulation 1.20J, and advises whether a Subclass 820, Subclass 309 or Subclass 300 application is the right pathway.
• Validity check. Where the student visa has ended or a visa has been refused or cancelled, the firm advises on Schedule 3, the 28-day window, section 48 and the two statutory declarations before anything is lodged.
• Nepalese document review. The firm reviews the marriage registration certificate, the citizenship certificate, the birth registration certificate, any divorce records and the Nepal Police Clearance Report, and checks Bikram Sambat dates and name spellings against the passport and the forms.
• Earlier application check. The firm compares the partner application with what the applicant and the sponsor told the Department in earlier student, skilled or visitor applications, so that inconsistencies are identified and explained before the Department finds them.
• Evidence review. The relationship statement and the Form 888 statements are the couple's and the witnesses' own evidence. The firm reviews them, identifies gaps and inconsistencies, including gaps caused by family opposition or an arranged marriage with little time together, and the people concerned correct and confirm their own words.
• Lodgement and follow-up. The firm lodges the application online, manages requests from the Department, and advises on the bridging visa, travel and changes of circumstances until a decision is made.

Weiwei Zhang, Principal Lawyer, leads the firm's partner visa practice. You can read more about My Migration Lawyers and about Weiwei Zhang. The firm also explains when an immigration lawyer is needed for a partner visa, how to choose a partner visa lawyer in Australia, what a partner visa lawyer does, what happens in an immigration lawyer consultation and what a fixed-fee quote should include. The firm charges fixed fees under a written costs agreement.

Consultations are held by video, and My Migration Lawyers acts for Nepalese couples across Australia, including clients of our partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Students and graduates with other visa questions can also contact our immigration lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta.

If the Nepalese partner is on a student visa that is due to end, the time to act is now, while the visa is still in effect. The firm cannot promise any outcome, but it can make sure that the partner visa for Nepalese citizens that is lodged is valid, consistent and supported by the evidence the law requires.

Book a Consultation with My Migration Lawyers to have your student visa position, Nepalese documents and relationship evidence reviewed before you lodge. You can also call 1300 040 300.