Partner Visa From a Graduate Visa: When to Apply

A partner visa graduate visa question usually arrives at a deadline. You finished your degree, you hold a Temporary Graduate visa (Subclass 485), and you are in a genuine relationship with an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. The visa end date is getting closer, and skilled migration may or may not come through in time.

The partner visa graduate visa answer is that you can usually apply onshore for the combined Subclass 820 and Subclass 801 partner visa, and that the timing of lodgement decides almost everything that follows. Lodge while the Subclass 485 is still in effect and you receive a Bridging visa A, keep your existing work rights until the Subclass 485 ends, and avoid Schedule 3 entirely. Lodge one day after it ends and the position changes in ways that cannot be reversed.

This article is written for Subclass 485 holders and their Australian partners. It explains when to apply, what happens to the Subclass 485 conditions after lodgement, how the Bridging visa A works, how to plan the date against the Subclass 485 expiry and any skilled migration plans, the secondary applicant problem, travel, relationship evidence for couples who met as students, and what happens if the Subclass 485 expires first. For the wider picture of onshore and offshore pathways, read the complete guide to partner visas in Australia. The onshore service itself is explained on the Subclass 820 partner visa service page.

Can You Apply for a Partner Visa on a Graduate Visa?

Yes. A Subclass 485 holder who is in Australia, is not in immigration clearance, and is the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen can usually make a valid onshore application for the Subclass 820 and Subclass 801 partner visa. A partner visa graduate visa applicant does not need to leave Australia, and does not need to wait for the Subclass 485 to end.

The Subclass 820 is the temporary stage and the Subclass 801 is the permanent stage. Both are applied for together, on one form, at the same time. Paragraph 1214C(3)(a) of Schedule 1 to the Migration Regulations 1994 requires this. The relationship between the two stages is explained in the Subclass 820 vs Subclass 801 comparison, and the onshore requirements are set out in the Subclass 820 visa guide.

Three things must be true for a partner visa graduate visa application to succeed:

• The application must be valid. You must be in Australia and not in immigration clearance when you lodge, and nothing in your visa history, such as a no further stay condition, may block the application.
• The relationship must meet the legal definition. You must be the spouse or de facto partner of your sponsor at the time of application, and the relationship must be genuine and continuing.
• The time of application criteria must be met. For a person who holds a Subclass 485 at lodgement, this is straightforward. For a person whose Subclass 485 has already ended, Schedule 3 applies.

The Subclass 820 visa overview and the Subclass 820 partner visa complete guide explain these requirements in full. The rest of this article focuses on the partner visa graduate visa questions that do not arise for other applicants.

Why Timing Is the Central Partner Visa Graduate Visa Question

The partner visa graduate visa timing question matters because your immigration status on the day of lodgement fixes three things at once: which bridging visa you receive, whether Schedule 3 applies, and whether you will later be able to travel. None of those can be changed after lodgement by lodging more documents.

Lodging while the Subclass 485 is still in effect

If you lodge while you hold the Subclass 485, you are the holder of a substantive visa at the time of application. A substantive visa is any visa other than a bridging visa, a criminal justice visa or an enforcement visa, under subsection 5(1) of the Migration Act 1958. The Subclass 485 is a substantive visa.

That has two consequences. First, the partner application operates as an application for a Bridging visa A (Subclass 010). The departmental instructions for bridging visas state that a Bridging visa A requires the person to have held a substantive visa when they lodged. Second, the Schedule 3 criteria in subparagraph 820.211(2)(d)(ii) do not apply, because they apply only to an applicant who is not the holder of a substantive visa at the time of application. This is the cleanest partner visa graduate visa outcome. The Bridging visa A guide explains that visa class in more detail.

Lodging after the Subclass 485 has ended

If you lodge after the Subclass 485 has ceased, you no longer hold a substantive visa. You will usually receive a Bridging visa C instead of a Bridging visa A, or a Bridging visa E if a Bridging visa C is not available. A Bridging visa C usually carries condition 8101 (no work). A Bridging visa C holder also cannot obtain a Bridging visa B for travel, because a Bridging visa B applicant must hold a Bridging visa A or a Bridging visa B.

The bigger problem is Schedule 3. Once the Subclass 485 has ended, the Subclass 820 can only be granted if you satisfy Schedule 3 criteria 3001, 3003 and 3004, or the decision maker is satisfied there are compelling reasons for not applying them. That is explained in the section on expiry below, and in the Schedule 3 criteria article. The overview of bridging visas A, B, C and E sets out how each class arises.

The practical rule for every partner visa graduate visa applicant is simple. Lodge a valid application while the Subclass 485 is still in effect, with a margin of safety, not on the last day.

What Happens to Your Subclass 485 Conditions After You Lodge?

Your Subclass 485 and its conditions continue unchanged after you lodge, until the Subclass 485 ends. The Bridging visa A is granted when the partner application is found valid, but it does not come into effect while you still hold the Subclass 485. Departmental policy for bridging visas states that a Bridging visa A will not come into effect until the substantive visa held by the person ceases to be in effect.

The Act separates the "visa period" of a bridging visa from the times when it is "in effect". A bridging visa is in effect only when you do not hold a substantive visa or a more beneficial bridging visa. For a partner visa graduate visa applicant, that means you stay on the Subclass 485 for the rest of its term. On the day after it ends, the Bridging visa A takes over without any gap, provided the application is still pending.

Work rights during the partner visa graduate visa transition

The Subclass 485 generally allows the holder to work without the limits that apply to students. Those work rights continue until the Subclass 485 ends, because the Subclass 485 remains the visa in effect. Check your grant notice and the Visa Entitlement Verification Online (VEVO) system for the exact conditions on your own grant, because conditions vary by stream and by the date of grant.

Once the Bridging visa A comes into effect, it carries no conditions for an onshore partner applicant. Paragraph 010.611(1)(c) of Schedule 2 provides for nil conditions where the applicant falls within a class specified by legislative instrument, and the Department's Subclass 820 policy confirms that this instrument covers Subclass 820 and Subclass 801 applicants who are eligible for an associated Bridging visa A or Bridging visa B. In other words, a partner visa graduate visa applicant who lodged on time can generally keep working after the Subclass 485 ends. The article on Subclass 820 work rights and bridging visas explains the work position in more detail.

Regional conditions on some Subclass 485 grants

Some Subclass 485 grants carry condition 8610. Under that condition, the holder of a Subclass 485 in the Post Higher Education Work stream granted on certain regional study criteria, and a secondary holder granted on that basis, must live, work and study only in a regional centre, other regional area or designated regional area, as the condition specifies. If your grant carries condition 8610, you must keep complying with it while the Subclass 485 remains in effect, including after the partner application is lodged.

There is a useful point here. Clause 820.212 requires substantial compliance with the conditions of the last substantive visa where that visa was one of a specified list of skilled regional visas: the Subclass 475, 487, 489, 491 and 494. The Subclass 485 is not on that list. That does not make breaching condition 8610 safe, because a breach of a visa condition can expose a visa to cancellation and can be relevant to character and credibility. It does mean that clause 820.212 is not the provision a partner visa graduate visa applicant needs to worry about. The visa cancellations service page explains how cancellation matters are handled.

Health insurance and other conditions

If your Subclass 485 carries a health insurance condition or any other condition, that condition continues while the Subclass 485 is in effect. Once the Bridging visa A comes into effect with nil conditions, those Subclass 485 conditions no longer apply. Do not cancel insurance or change your living arrangements on the assumption that the conditions ended on the day you lodged. They did not.

No further stay conditions

A no further stay condition, such as condition 8503, prevents the holder from being granted most substantive visas while they remain in Australia. Under subsection 46(1A) of the Act, a person whose visa carries such a condition generally cannot make a valid Subclass 820 application onshore. A no further stay condition is not usually imposed on a Subclass 485, but you should confirm this from your grant notice and VEVO before lodging, not after.

Some student visa holders have condition 8534, which permits a later Subclass 485 but not a partner visa. A person who held a student visa with condition 8534 and then moved to a Subclass 485 should have the full visa history checked. If a no further stay condition does apply, the only path is a waiver under subsection 41(2A) of the Act. The Subclass 820 and condition 8503 article explains the waiver, and the tourist visa to partner visa article shows how the same issue arises for visitor visa holders.

Planning the Partner Visa Graduate Visa Lodgement Date

The best partner visa graduate visa lodgement date is the earliest date on which the relationship meets the legal definition and the application is ready, and always well before the Subclass 485 expiry date. There is no advantage in waiting until the last month. There is a real risk in doing so.

Work backwards from the expiry date

Start with the expiry date shown on your Subclass 485 grant notice and in VEVO. Then work backwards:

• Confirm the relationship definition is met now. A married couple must have a marriage recognised as valid for the purposes of the Act. A couple who are not married must meet the de facto partner definition, which is explained in the Subclass 820 de facto 12 months article. If the definition is not met yet, plan around the date it will be met, not around hope.
• Confirm validity. Check for any no further stay condition, any visa refusal or cancellation since your last entry to Australia that could engage section 48, and that you will be in Australia, not in immigration clearance, on the day you lodge.
• Prepare the core evidence. You do not need every document on day one, but the application must be credible when it is lodged. The partner visa document checklist and the Subclass 820 evidence checklist explain what is usually needed.
• Allow time for the sponsor. The Australian partner completes the sponsorship. Delays on the sponsor side are a common reason partner visa graduate visa applications are lodged later than planned.
• Lodge with a buffer. Lodge weeks before the expiry, not days. Online systems fail, payment cards are declined and documents turn out to be missing. A buffer protects the Bridging visa A outcome.

Applications are lodged online through ImmiAccount. The guide to creating an ImmiAccount explains the account set up, and the Subclass 820 visa cost article explains how the visa application charge payable to the Department works.

Where skilled migration plans fit

Many Subclass 485 holders are also working towards a skilled visa. Lodging a partner visa does not usually stop you from pursuing a skilled pathway at the same time, but each application has its own criteria and its own bridging visa consequences, so the order and timing should be planned together. Do not delay the partner visa graduate visa lodgement while waiting for a skilled outcome that may not arrive before the Subclass 485 ends.

Is the Partner Visa Graduate Visa Pathway Right When Skilled Options Are Uncertain?

A partner visa is often the most secure onshore pathway for a Subclass 485 holder in a genuine relationship with an eligible Australian, because it does not depend on an occupation list, an invitation round, points or an employer. It depends on the relationship and on the applicant meeting the health, character and other public interest criteria. For many partner visa graduate visa applicants, that makes it the pathway that can be planned with the most certainty.

That does not mean every couple should use the partner visa graduate visa pathway simply because the Subclass 485 is ending. The relationship must be genuine and continuing, and it must meet the legal definition of a spouse or de facto partner at the time of application. An application made only because another pathway closed, in a relationship that does not yet meet those tests, is likely to be refused and can create further problems. The articles on why partner visas get refused and on Subclass 820 refusal reasons explain the common grounds.

The partner visa graduate visa pathway also has a long horizon. The Subclass 820 is usually decided first, and the Subclass 801 is usually assessed later. The Subclass 820 visa processing time article and the article on how long the onshore Subclass 820 takes explain what affects timing. During that period, the Bridging visa A keeps you lawful with nil conditions, which is often more flexible than the conditions on the visa you were relying on before.

A balanced view is important. If the relationship is new, or the couple has not yet lived together, a short delay to strengthen the relationship may be safer than lodging immediately, but only if the Subclass 485 has enough time left to allow it. If it does not, the couple needs advice on the real options, not a rushed application. The partner visa lawyer versus do it yourself article explains where legal advice adds value in these decisions.

Who Can Sponsor a Partner Visa Graduate Visa Applicant?

Only an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen can sponsor a partner visa graduate visa applicant for the Subclass 820. Under paragraph 820.211(2)(c), the applicant must be sponsored by their spouse or de facto partner who holds one of those statuses, or, if the partner is under 18, by a parent or guardian of the partner who holds one of those statuses. An eligible New Zealand citizen is defined in regulation 1.03.

The sponsorship must also be approved at the time of decision. Some sponsors face limits on sponsoring because of earlier sponsorships or other history. Those rules are a separate topic, explained on the sponsorship limitations page, and they should be checked before lodgement.

If your partner is the main Subclass 485 holder

If you hold the Subclass 485 as a secondary applicant, as the partner of the main Subclass 485 holder, the onshore partner visa is not available on the basis of that relationship. A Subclass 485 holder is a temporary visa holder. They are not an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, so they cannot sponsor you. Your status depends on the main holder's visa and on your continuing relationship with them, and any longer term pathway usually depends on the main holder's own pathway.

The partner visa graduate visa question only arises in that situation if your relationship is with a different person who is eligible to sponsor, or if your partner later becomes an Australian permanent resident or citizen. Both situations need individual advice, because the timing of the partner's grant and your own visa expiry must line up.

Married couples and de facto couples on the partner visa graduate visa pathway

A spouse relationship requires a marriage that is valid for the purposes of the Act. Section 12 of the Act applies Part VA of the Marriage Act 1961 to decide whether a marriage is recognised, and section 5F of the Act defines spouse. Regulation 1.15A sets out the factors for assessing a spouse relationship. A de facto relationship is a separate legal category, defined in section 5CB of the Act, with its own additional criteria in regulation 2.03A. The de facto partner visa article explains that category. Same sex couples are assessed under the same rules, and the LGBTI partner visa page explains the practical points.

Couples who are engaged but not yet married, and who are not yet in a de facto relationship, may not be ready for a partner visa graduate visa application and may need a different pathway. The Subclass 300 Prospective Marriage visa page and the Subclass 309 offshore partner visa page explain the alternatives, although an offshore pathway is rarely the first choice for a person who is already in Australia on a Subclass 485.

Relationship Evidence for Couples Who Met While Studying

Couples who met while studying are assessed under exactly the same rules as every other couple: the decision maker looks at the financial aspects of the relationship, the nature of the household, the social aspects of the relationship and the nature of the commitment. What differs is the shape of the evidence. Student relationships often begin in shared houses, with separate finances, limited income and families overseas. A strong partner visa graduate visa application explains those features honestly instead of hoping the decision maker will not notice them.

Financial aspects of the relationship

Students often keep separate bank accounts, pay rent separately and have little money to pool. In a partner visa graduate visa file, that is normal. The question is whether, as the relationship developed, the couple began to share financial responsibility. Evidence can include a joint account opened when the relationship became serious, shared bills, transfers between partners for shared costs, joint purchases, and one partner supporting the other during study or job searching. The partner visa relationship evidence article explains the categories in detail.

Nature of the household

Many partner visa graduate visa couples first lived in shared houses with other tenants. A lease that lists several names is not evidence against the relationship, but it needs to be explained. Show when the couple began living together as a couple, which room they shared, how household tasks and costs were divided, and when they moved to their own place if they did. Form 888 statements from housemates can be helpful.

Social aspects of the relationship

For a partner visa graduate visa couple, evidence that friends, classmates, colleagues and families know the couple as a couple is important. Photographs alone carry limited weight. Invitations addressed to both partners, joint travel, time spent with each other's families, social media that shows the relationship over time, and Form 888 statements from people who know the couple carry more. The Form 888 examples article shows how those statements are usually written.

Nature of the commitment

The commitment aspect looks at the length of the relationship, mutual knowledge of each other's circumstances, plans for the future and the intention that the relationship be long term. For a partner visa graduate visa couple, a common issue is the perception that the relationship was formed to solve a visa problem. The answer is not to avoid the subject. It is to show, through consistent evidence, how and when the relationship developed and why the couple's plans are shared plans. The single relationship statement is where that history is told, in the applicant's and sponsor's own words, reviewed for accuracy. The guide on preparing evidence of a genuine relationship explains how to organise it.

When the relationship moved quickly

Some partner visa graduate visa couples marry soon after meeting. A short relationship is not a bar, but it increases the importance of consistent, detailed evidence about how the relationship developed. Inconsistencies between the relationship statement, the application form and the documents are among the most damaging problems in any partner visa graduate visa file, because they invite questions about credibility that the couple then has to answer.

Travel on the Partner Visa Graduate Visa Pathway

You can travel on the Subclass 485 itself while it is still in effect, if its terms allow travel, but once the Subclass 485 ends you need a Bridging visa B before you leave Australia. A Bridging visa A is a visa to remain in Australia only. If you leave Australia while it is in effect and without a Bridging visa B, it ceases under subsection 82(8) of the Act and cannot be revived.

Partner visa graduate visa travel before the Subclass 485 ends

While the Subclass 485 is still in effect, the Bridging visa A is held but not in effect. Departmental policy confirms that a Bridging visa A that is not yet in effect is not ceased by departure. If you return on the same Subclass 485, the Bridging visa A remains held and comes into effect when the Subclass 485 ends.

The trap is the expiry date. If the Subclass 485 ends while you are still overseas, the Bridging visa A ceases at that moment too, unless you hold a Bridging visa B with a valid travel facility. You would then be outside Australia with a pending onshore application and no visa to return on. A partner visa graduate visa applicant who plans to travel close to the Subclass 485 expiry date should obtain advice before booking.

Applying for a Bridging visa B

For a partner visa graduate visa applicant, the Bridging visa B (Subclass 020) is applied for separately, and a visa application charge payable to the Department applies. The criteria in Part 020 of Schedule 2 require, among other things, that you hold a Bridging visa A or a Bridging visa B, that you have a valid onshore substantive visa application that has not been finally determined, and that your reasons for leaving and returning are substantial. "Substantial" takes its ordinary meaning of real and important, and departmental policy gives examples such as visiting a seriously ill family member, attending a funeral or wedding, and work commitments. A Bridging visa B granted to a Subclass 820 and Subclass 801 applicant also carries nil conditions under paragraph 020.611(1)(b).

The Bridging visa B comes with a travel facility period. You must leave and return within it. If the period ends while you are overseas, the Bridging visa B ceases and you cannot apply for a new one from outside Australia. The Bridging visa B guide explains the application and the travel facility period.

Travel near the decision

Clause 820.411 requires the applicant to be in Australia, but not in immigration clearance, when the Subclass 820 is granted. If you are overseas when the Department is ready to decide, the decision may be deferred or the application may be refused. And if a refusal is made, an application to the Administrative Review Tribunal (ART) for review of a Subclass 820 refusal can only be made by an applicant who is in Australia. Any partner visa graduate visa applicant should therefore avoid long travel once the application is well advanced, unless advice has been obtained.

What If Your Subclass 485 Expires Before You Lodge?

If your Subclass 485 expires before you lodge, you can usually still make a valid Subclass 820 application, but the visa can only be granted if you satisfy Schedule 3 criteria 3001, 3003 and 3004, or the decision maker is satisfied there are compelling reasons for not applying them. This is the most serious partner visa graduate visa mistake, because it converts a straightforward application into one that depends on a discretionary assessment.

Subparagraph 820.211(2)(d)(ii) sets the rule. An applicant who is not the holder of a substantive visa at the time of application must satisfy the Schedule 3 criteria unless the Minister is satisfied there are compelling reasons for not applying them. The Schedule 3 partner visa waiver article and the Schedule 3 waiver service page explain how these matters are prepared.

The 28 day window and criterion 3001

Criterion 3001 requires the application to be made within 28 days after the relevant day. For a partner visa graduate visa applicant whose Subclass 485 has just ended, the relevant day is generally the last day the Subclass 485 was held. The first of the 28 days is the day after that last day.

Lodging inside the 28 days satisfies criterion 3001 only. Criteria 3003 and 3004 are separate criteria, and they can still apply unless they are waived. Criterion 3004, where it applies, requires the decision maker to be satisfied of several matters, including that the applicant became a person without a substantive visa because of factors beyond their control. A person who simply let the Subclass 485 run out may find that difficult to show. So the 28 day window is not a safe harbour. It is a reason to act immediately, with advice, if the Subclass 485 has already ended.

Compelling reasons

Compelling reasons are assessed at the time of decision, not at the time of application. Departmental policy states that, as a general rule, a genuine relationship and the hardship of separation are not by themselves compelling reasons, because every partner applicant has a relationship and separation is common across the caseload. Policy also states that where there is an Australian citizen child with a demonstrable link to the applicant, Schedule 3 may be waived in the best interests of the child.

A partner visa graduate visa applicant in this position should not assume that a long period of lawful study and work in Australia will be enough. It may be relevant. It is not a substitute for evidence of the specific circumstances that make the case compelling.

Your bridging visa if the Subclass 485 has ended

A person who lodges without a substantive visa usually receives a Bridging visa C, which makes them lawful from grant but does not cure Schedule 3. It usually carries condition 8101 (no work), and a Bridging visa C holder cannot obtain a Bridging visa B. Any time spent without a visa between the end of the Subclass 485 and the grant of the bridging visa cannot be fixed later, because a bridging visa cannot be backdated. The urgent immigration advice guide explains what to do first if you are in this situation.

What Tribunal Decisions Show for Former Students and Graduates

Tribunal decisions show two recurring problems for couples whose visa history began with study: lodging after the last substantive visa ended, and proving a relationship that started in shared or informal circumstances. Each decision below is described only by the issues it was reported on.

In each of these decisions, the Tribunal set aside the refusal and remitted the matter, which means it sent the application back to the Department to reconsider. A remittal is not a grant. These decisions were made by the Administrative Appeals Tribunal or the ART as noted. The ART replaced the Administrative Appeals Tribunal on 14 October 2024.

• Namsombun (Migration) [2020] AATA 2611: a Subclass 820 application made more than 28 days after the last substantive visa was held, where the applicant held a bridging visa pending review of the refusal of a further student visa.
• Ho (Migration) [2023] AATA 405: a Federal Circuit and Family Court remittal concerning a genuine and continuing relationship, financial pooling and shared accommodation with other co-tenants.
• Tran (Migration) [2023] AATA 3870: a genuine and continuing relationship between validly married parties, assessed across the financial, household and social aspects and the nature of the commitment, where there was limited evidence at the time of application.
• Wang (Migration) [2024] ARTA 822: a genuine and continuing relationship where the parties validly married two months after meeting, assessed across the financial, household and social aspects, the nature of the commitment and future plans.

The first decision shows why a bridging visa held after a student visa does not protect a partner applicant from Schedule 3: a bridging visa is not a substantive visa. The other three reflect issues that are common in partner visa graduate visa files: shared houses, thin early evidence and fast moving relationships. They illustrate the kinds of issues the Tribunal examined. They do not establish that any fact will be accepted in a later case. Each matter turns on its own evidence.

Partner Visa Graduate Visa Scenarios

The following partner visa graduate visa scenarios are hypothetical. They are not client stories. They show how the same rules produce very different results depending on the date of lodgement.

Scenario one: lodged with months to spare

A Subclass 485 holder married to an Australian citizen lodges the partner application several months before the Subclass 485 ends. The application is valid and a Bridging visa A is granted. The applicant keeps working on the Subclass 485 until it ends, then the Bridging visa A comes into effect with nil conditions. Schedule 3 never applies. This is the partner visa graduate visa outcome every couple should aim for.

Scenario two: lodged in the final week

The same couple waits until the final week because the sponsor is overseas and a document is missing. On the planned day, the online payment fails. The application is lodged the day after the Subclass 485 ends. The partner visa graduate visa applicant now receives a Bridging visa C, usually with condition 8101, and the Subclass 820 is subject to Schedule 3. Lodgement within 28 days satisfies criterion 3001, but criteria 3003 and 3004 must still be considered, and the case may need a compelling reasons argument. One day has changed the whole matter.

Scenario three: secondary Subclass 485 holder

A secondary Subclass 485 holder whose partner is the main Subclass 485 holder asks whether the couple can switch to a partner visa. They cannot on that basis, because neither partner is an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The partner visa graduate visa pathway is simply not available to this couple unless their circumstances change. Their planning must focus on the main holder's own pathway.

Scenario four: travel before expiry

A Subclass 485 holder lodges on time and then travels overseas for a family wedding, planning to return a week before the Subclass 485 ends. A flight delay keeps the applicant overseas past the expiry date. The Bridging visa A, which was never in effect, ceases when the Subclass 485 ends. The applicant is outside Australia with a pending onshore application and no visa to return on. A partner visa graduate visa applicant can avoid this by not travelling close to the expiry date, or by obtaining advice on the Bridging visa B position before booking.

What Happens If the Partner Visa Is Refused?

If the Subclass 820 is refused, the Subclass 801 is refused with it, and you may be able to apply to the ART for merits review. The deadline for review is short and strictly applied. It runs from when you are notified of the decision, and the Tribunal cannot extend it. The refusal letter states the deadline. Read it on the day it arrives.

The bridging visa continues for a period after refusal and, if a valid review application is made, during the review. You must be in Australia to apply for review of a Subclass 820 refusal. The ART review guide, the partner visa refusal appeal options article, the partner visa refusals page and the visa refusals service page explain the options. Where the Tribunal affirms a refusal, judicial review may be available on legal error grounds only.

Most refusals can be avoided earlier. Many follow an unanswered section 56 request for more information or a section 57 natural justice letter. A careful response to either letter is often the last point at which a refusal can be prevented.

Keeping a Partner Visa Graduate Visa Application on Track

A partner visa graduate visa application stays on track when the couple keeps the Department informed, answers every request on time and keeps building evidence through the processing period. The bridging visa buys time. It does not decide the case.

A practical routine after lodgement:

• Check VEVO twice. Check after lodgement, and again on the day after the Subclass 485 ends, to confirm the Bridging visa A is in effect with nil conditions.
• Respond to requests promptly. Health examinations, police certificates and the Form 80 personal particulars form all come with deadlines.
• Report changes. Section 104 of the Act requires you to notify certain changes in circumstances, usually by Form 1022.
• Keep adding evidence. A couple who met as students often has thin evidence in the first year and much stronger evidence later. Add it as it arises.
• Get advice before travel or withdrawal. Both can end the bridging visa or leave you without lawful status.

If the relationship ends during processing, the bridging visa does not automatically end, but your options change. The Subclass 820 relationship breakdown article explains them, and the family violence provisions page explains the pathway that may remain where family violence has occurred.

If someone else is named as your representative, the Department communicates through them, as explained in the Form 956 and 956A article. If you lodged yourself and are now unsure about your position, the article on hiring a lawyer after lodgement and the second opinion guide explain how a lawyer can step in.

Common Partner Visa Graduate Visa Mistakes

The common partner visa graduate visa mistakes are predictable, and almost all of them are avoidable if they are identified before lodgement:

• Waiting until the last week of the Subclass 485. A single day late changes the bridging visa class, the work position, travel rights and the Schedule 3 position.
• Assuming the bridging visa from another application protects you. A bridging visa is not a substantive visa. If the Subclass 485 has ended and you hold only a bridging visa, Schedule 3 applies to the partner application.
• Treating the 28 days as a safe period. Lodging within 28 days satisfies criterion 3001 only.
• Lodging before the relationship meets the legal definition. The relationship is assessed at the time of application, and later evidence cannot cure an application lodged too early.
• Ignoring Subclass 485 conditions after lodgement. The Subclass 485 conditions continue until it ends.
• Travelling close to the Subclass 485 expiry date. If the Subclass 485 ends while you are overseas, the Bridging visa A ends too.
• Relying on a secondary Subclass 485 relationship. A Subclass 485 holder cannot sponsor a partner visa.
• Leaving inconsistencies in the evidence. Dates of meeting, living together and marriage must match across the forms, statements and documents.

The immigration lawyer partner visa article explains what a lawyer checks on these points, and the partner visa after visa refusal article covers the section 48 issues that arise if there has been an earlier refusal.

How My Migration Lawyers Helps With a Partner Visa Graduate Visa Application

My Migration Lawyers treats every partner visa graduate visa matter as a timing problem first and a relationship evidence problem second. The aim is to lodge a valid, well evidenced Subclass 820 and Subclass 801 application while the Subclass 485 is still in effect, so that the Bridging visa A outcome is secured and Schedule 3 never arises.

In practice, the firm's approach follows these steps:

• Status audit. My Migration Lawyers checks the Subclass 485 grant, its expiry date and its conditions on VEVO, including any condition 8610 regional requirement, any no further stay condition carried from an earlier visa, and any refusal or cancellation that could engage section 48. The firm obtains the visa history itself from VEVO and departmental records.
• Relationship assessment. The firm assesses whether the relationship meets the legal definition on the intended lodgement date and identifies gaps in the evidence across the four aspects of the relationship.
• A lodgement plan. The firm sets a lodgement date with a buffer before the Subclass 485 expiry, and coordinates the sponsor's part of the application so that it does not delay lodgement.
• Evidence and statements. The firm prepares the relationship statement and supporting Form 888 statements from the couple's own account and evidence, which the clients review and correct before anything is lodged. Shared housing, separate finances and the history of the relationship are explained, not hidden.
• Lodgement and bridging visa management. The firm lodges the combined application, confirms the Bridging visa A, and advises on travel and any Bridging visa B before the client books.
• Late cases. Where the Subclass 485 has already ended, the firm assesses the Schedule 3 position immediately, including the 28 day window and the evidence available for compelling reasons.
• Requests, refusal and review. The firm responds to requests from the Department and, if a refusal issues, identifies the review deadline on the day and advises on ART review.

My Migration Lawyers acts in many partner visa matters involving former international students and Subclass 485 holders, including applications lodged close to expiry, applications after a Subclass 485 has ended, and relationships that began in shared student housing. These matters are often complex, and the firm is equipped to handle them. Matters are supervised by Weiwei Zhang, Principal Lawyer. No outcome can be promised in any migration matter, but a clear partner visa graduate visa plan made before the Subclass 485 expiry date is the step that prevents most avoidable harm.

The firm acts for clients across Australia, including through its partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Consultations are held by video, so location is no barrier. You can learn more about My Migration Lawyers and its partner visa lawyers, or read what to expect from a consultation.

If your Subclass 485 is ending, if you are unsure when to lodge, or if the Subclass 485 has already expired, speak to a lawyer before you act.

Book a consultation with My Migration Lawyers to have your partner visa graduate visa position assessed. You can also call 1300 040 300.