Partner Visa No Further Stay

A partner visa no further stay problem arises when a person in Australia holds, or has held since last arriving, a visa with condition 8503, 8534, 8535 or 8540. While that condition applies, the person cannot make a valid onshore partner visa application. The only way to apply onshore is to have the condition waived first.

This guide is about the partner visa no further stay waiver: what the law requires, which circumstances decision makers accept and which they usually do not, how to make the request, what evidence and written submission to prepare, and what to do if the waiver is refused. It is written for the person who holds the visa and for the Australian partner who wants to sponsor them.

If you only need the short answer on whether a Subclass 820 application can be lodged with condition 8503, the firm's overview, can you apply for a Subclass 820 visa with a no further stay condition, explains the basic rule. This article goes further. It deals with getting the condition waived and with the options that remain when a waiver is not available. For the full partner visa framework, the complete guide to partner visas in Australia explains every subclass and stage.

What is a partner visa no further stay condition?

A partner visa no further stay condition is a visa condition that stops the holder from being granted most substantive visas, including a partner visa, while they remain in Australia. The Department's policy calls these conditions "no further application" conditions, because their real effect is to stop a valid application from being made.

The power to impose these conditions comes from paragraph 41(2)(a) of the Migration Act 1958. Subsection 46(1A) then provides that a person in Australia who holds, or has held since last entering Australia, a visa subject to such a condition cannot make a valid application for a substantive visa, other than a protection visa, unless the condition has been waived.

There are four conditions of this kind in Schedule 8 to the Migration Regulations 1994:

• Condition 8503. The holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa, while the holder remains in Australia. This is the condition most often seen on visitor visas.
• Condition 8534. The holder will not be entitled to be granted a substantive visa other than a protection visa, a Subclass 485 visa or a Subclass 590 visa while in Australia. It is usually imposed on some student visas and on Subclass 590 student guardian visas.
• Condition 8535. The holder will not be entitled to be granted a substantive visa other than a protection visa or a government supported student visa while in Australia. It applies to certain government sponsored students.
• Condition 8540. The holder will not be entitled to be granted a substantive visa other than a protection visa or a Subclass 462 visa while in Australia. It can be imposed on a Subclass 462 Work and Holiday visa.

A partner visa is a substantive visa, and it is not in any of the excepted categories. That means every one of these conditions blocks an onshore partner visa application. In practice, most partner visa no further stay matters involve condition 8503 on a Subclass 600 visitor visa, because so many couples spend time together in Australia on visitor visas. The firm's guide on moving from a tourist visa to a partner visa in Australia explains the wider issues for visitors.

Mandatory and discretionary condition 8503

The Department's policy explains that condition 8503 is mandatory on some visitor visas and discretionary on others. It is mandatory on Subclass 600 visas in the Sponsored Family stream, the Approved Destination Status stream, the Frequent Traveller stream and the Tourist stream where a sponsorship has been approved. It may be imposed on a discretionary basis in the Tourist stream and the Business Visitor stream.

This matters for a partner visa no further stay waiver request. Where the condition was imposed on a discretionary basis, the decision maker will look at why it was imposed, because that helps show whether the person's circumstances have changed since the visa was granted.

How to check whether your visa has a no further stay condition

The simplest way to check is to look at the visa grant notice and at a Visa Entitlement Verification Online (VEVO) check. Both list the conditions attached to the visa. The condition number and its wording will appear if it applies.

Do not rely on memory or on what a travel agent said. A partner visa no further stay condition is easy to miss, and lodging a partner visa while one applies wastes time and creates problems. The Department's online form also asks the person to check their visa details in VEVO or the grant letter before making a request.

Can you apply for a partner visa onshore with a no further stay condition?

No. A person in Australia who holds, or has held since last entering Australia, a visa with condition 8503, 8534, 8535 or 8540 cannot make a valid onshore partner visa application unless the condition has first been waived.

The Department's policy is direct on this point. Any substantive visa application made while the condition is in effect is invalid, even if the visa application charge has been paid. If a person manages to lodge an application online while affected by the condition, the policy states that the application must be invalidated and the charge repaid.

An invalid application is not a refused application. It is treated as if it was never validly made. That has several consequences for a partner visa no further stay case:

• No bridging visa. An invalid application does not give the person a bridging visa. The person's current visa continues to run, and when it expires the person becomes unlawful.
• No review rights. There is nothing to appeal to the Tribunal, because no valid application was made and no decision to refuse the visa was made.
• Lost time. The couple may believe the application is being processed when it is not.

The firm's article on Subclass 820 partner visa requirements sets out the other onshore criteria, and the Subclass 820 onshore partner visa page explains the firm's work on those applications.

Same sex couples are affected in exactly the same way, and the firm's page on LGBTI and same sex partner visas explains how those applications are handled. Partners of New Zealand citizens who are considering the Subclass 461 visa should note that it is also a substantive visa, so the same bar applies to an onshore application for it.

The condition continues after the visa expires

The most common misunderstanding in partner visa no further stay matters is the belief that the condition ends when the visa ends. It does not. The Department's policy states that a no further application condition continues to apply even after the visa it was attached to has ceased, for as long as the person remains in Australia.

This means a person cannot avoid a partner visa no further stay condition by letting the visitor visa expire, by being granted a bridging visa, or by being granted another visa in Australia. The policy gives the example of a person who later holds a different visa without the condition. That person still needs a waiver before they can make a further application while in Australia.

When the condition stops applying

A no further application condition stops having effect when the person leaves Australia. If the person departs and later returns on a new visa without the condition, the old condition no longer applies. If the new visa also has the condition, the new condition applies instead.

The condition also stops being a barrier once it is waived. The policy states that a waiver remains in effect indefinitely, unless the condition is imposed again on a later visa.

Why a partner visa no further stay case needs early advice

A partner visa no further stay case needs advice before the visa expires, because the waiver request should be lodged while the person still holds a visa, there is no bridging visa while the request is decided, and a refused waiver cannot be appealed to the Tribunal.

The decisions made in the first few weeks often decide the outcome. Whether to request a waiver at all, which circumstances to rely on, when to lodge, and whether the better course is to leave Australia and apply offshore are legal judgements. They should be made with the full visa history in front of the adviser.

The firm's guides on when you need an immigration lawyer for a partner visa, the partner visa lawyer guide and what a partner visa lawyer does explain the role a lawyer plays. The general guide to what an immigration lawyer does in Australia and the comparison of a migration agent and an immigration lawyer explain the professional options. The firm's partner visa lawyers handle these matters as part of its wider work as immigration lawyers in Australia.

Once a partner visa can be lodged, the onshore application has its own requirements. The firm's Subclass 820 visa explainer and its 820 visa requirements and documents guide explain them, and the article on Subclass 820 processing times explains how processing is described by the Department. The article on what a Subclass 820 visa costs explains the charges involved in the later application.

Can a partner visa no further stay condition be waived?

Yes. Subsection 41(2A) of the Migration Act 1958 allows the condition to be waived in prescribed circumstances, and subregulation 2.05(4) of the Migration Regulations 1994 sets out the circumstances that apply to a person who wants to apply for a partner visa.

Under subregulation 2.05(4), the condition may be waived only where:

• since the person was granted the visa, compelling and compassionate circumstances have developed;
• the person had no control over those circumstances;
• those circumstances have resulted in a major change to the person's circumstances;
• if the person has previously been refused a waiver, the circumstances in the new request are substantially different from those considered before; and
• the request is made in writing.

Every element must be satisfied. The Department's policy states that failure to satisfy any part of subregulation 2.05(4) must result in refusal of the waiver request. The partner visa no further stay waiver test is therefore a strict, cumulative test. A strong case on one element does not make up for a weak case on another.

There are other waiver provisions in regulation 2.05, but they do not help a partner visa applicant. Subregulation 2.05(4AA), for example, allows condition 8503 to be waived for certain skilled and employer sponsored visas, and regulation 2.07AG then limits the person to applying for those visas. Those provisions do not open a partner visa pathway. A person seeking a partner visa no further stay waiver must meet subregulation 2.05(4).

Circumstances that developed after the visa was granted

The circumstances relied on must have developed since the visa was granted. The Department's policy states that if the circumstances existed before the visa was granted, the request must be refused.

This element often defeats a partner visa no further stay request. Many couples were already in a relationship when the visitor visa was granted. If the relationship, the plan to marry or the wish to stay already existed at the time of grant, that circumstance did not develop after grant.

The policy does allow one qualification. A decision maker must consider whether existing circumstances have deteriorated or escalated so much that they can be said to have developed since the visa was granted. A medical condition that was mild at the time of grant and has since become serious is one example.

Circumstances beyond the person's control

The circumstances must be beyond the person's control. The Department's policy describes this as circumstances the applicant could not have prevented or stopped.

Decisions people make for themselves, such as choosing to marry, choosing to live together, or choosing to stay in Australia longer, are generally treated as within their control. This is the element that most often stops a partner visa no further stay waiver based on the relationship alone, and it is discussed in detail below.

A major change to the person's circumstances

The circumstances must have resulted in a major change to the person's circumstances. The Department's policy states that the decision maker must compare the person's position before the visa was granted with their position after the events described in the request.

A change that is inconvenient, or that only affects travel plans by a short time, is unlikely to meet this element. The change should be significant, and the evidence should show why it is significant.

What "compelling and compassionate" means

The Department's policy describes compelling and compassionate circumstances as circumstances that are sufficiently forceful and convincing for the condition to be waived, that are not unreasonable, and that give rise to feelings of sympathy for the suffering or misfortune of others.

The policy also states that compelling and compassionate circumstances may involve one factor or several factors in combination, and that each request must be assessed on its merits. Policy is not to be applied inflexibly. This is important in a partner visa no further stay case, because a combination of real events can sometimes meet the test where no single fact would.

Is a new relationship a reason to waive a partner visa no further stay condition?

No, not on its own. The Department's policy states that, generally, where an applicant has married or started a de facto relationship with an Australian citizen or permanent resident, this would not be a matter over which the visa holder had no control.

This is the single most important point in any partner visa no further stay case. Many couples assume that a genuine relationship, or a marriage in Australia, is enough to have the condition waived. Under the policy, it usually is not. Starting a relationship, getting engaged, marrying and deciding to live together are choices the couple made. They are not events beyond the person's control.

The same reasoning appears in the related policy on Schedule 3. The Subclass 820 policy states that, as a general rule, the existence of a genuine relationship and the hardship of separation if the applicant must apply outside Australia are not compelling reasons, because a genuine relationship is the basis of every partner visa application. Although that passage deals with Schedule 3, it shows how the Department views relationship based hardship generally.

This does not mean the relationship is irrelevant. The relationship is the reason the person wants to apply for a partner visa, and it can be part of the background to a request. It also matters if a separate event, such as a serious illness of the Australian partner, means the person is needed in Australia. But a partner visa no further stay waiver request that relies only on the relationship faces a policy that generally treats that circumstance as within the person's control.

The firm's guides on the de facto partner visa and the 12 month rule and on whether you really need 12 months of de facto relationship explain the relationship requirements that will apply once an application can be made.

Pregnancy and the waiver test

The Department's policy states that pregnancy in itself is not generally considered a circumstance over which the visa holder had no control. If the visa holder was already pregnant when the visa was granted, the policy notes that the circumstance may not have developed after grant, and may not have caused a major change.

The policy makes an exception where the visa holder, or the visa holder's spouse or de facto partner, experiences complications associated with pregnancy or childbirth. Complications that leave the visa holder unfit to travel, or complications experienced by the Australian partner that require the visa holder's support, may satisfy the test. Medical evidence from a registered medical practitioner is essential in these cases.

What circumstances can support a partner visa no further stay waiver?

The Department's policy lists the types of circumstances that may be compelling and compassionate for a waiver: travel restrictions, being unfit to travel, death or serious illness within close family, natural disaster in the home country, war or severe civil unrest in the home country, closure of an education provider, and government support. The list is not exhaustive, and every request must be assessed on its merits.

Several of these categories can arise in a partner visa no further stay matter.

Serious illness or injury of the visa holder

If the visa holder sustains a serious injury or develops a serious medical condition in Australia, so that it would be unreasonable to expect them to leave until they are fit to travel, the policy states that this may satisfy the waiver requirements. A pre-existing medical condition may also qualify if it has deteriorated so much that the circumstances can be said to have developed after the visa was granted.

Death or serious illness of a close family member in Australia

The policy states that the death or serious medical condition of a member of the visa holder's close family in Australia, where the visa holder is needed to provide assistance or support, may satisfy the requirements. A spouse or de facto partner is close family. Where the Australian partner develops a serious illness after the visa was granted and needs the visa holder's care, this category may be relevant to a partner visa no further stay request.

The policy says decision makers may consider the nature of the support the visa holder will provide and what other support is available in Australia, including from other family members. The submission must therefore explain why the visa holder's support is needed and why others cannot provide it.

Natural disaster, war or severe civil unrest in the home country

Where a natural disaster, war or severe civil unrest in the visa holder's home country makes it unreasonable to expect the visa holder to return at that time, the policy states that the requirements may be met. Decision makers consider how the event personally affects the visa holder, for example how close their home is to the affected area, and the severity of the conflict.

Travel restrictions

The policy states that travel restrictions, for example during a global pandemic, may prevent a visa holder from departing before their visa expires, and that this may satisfy the waiver requirements. The availability of return flights may be relevant.

Combinations of factors

A partner visa no further stay waiver request may rely on more than one factor. The policy expressly allows compelling and compassionate circumstances to arise from a number of factors in combination. A well prepared request explains each factor, when it arose, why it was beyond the person's control, and how together they produced a major change.

How to request a partner visa no further stay waiver

A partner visa no further stay waiver is requested in writing to the Department of Home Affairs, either through the online No Further Stay waiver request form on the Department's website or by completing Form 1447, No Further Stay waiver request.

The Department's policy states that there is no prescribed form, and any written request must be accepted. In practice, using the Department's online form or Form 1447 is the clearest way to make sure the request is recorded correctly. Key practical points from the Department's materials are:

• One request per person. Each person who needs a waiver must make their own request. Requests for several people should not be combined.
• No charge. The Department's policy states that there is no charge or fee for a no further application waiver request.
• Supporting documents. Documents supporting the claims should be provided with the request. Form 1447 refers to a certified copy of the passport identity page, medical certificates or reports where relevant, and certified evidence of family relationships.
• Do not lodge the partner visa at the same time. The policy states that if a person lodges a substantive visa application while seeking a waiver, that application must not be accepted. The partner visa is lodged after the waiver is granted.

The Australian partner usually plays an active role in a partner visa no further stay request. Where the request relies on the Australian partner's illness or need for support, their medical evidence and their own written account are often central. The firm's article on what the sponsor should know about partner visa sponsorship limitations is also worth reading before the partner visa itself is prepared.

Lodge the request before the visa expires

Form 1447 states that the waiver request should be lodged before the current visa expires. Lodging a waiver request does not give the person a bridging visa or any lawful status while the request is decided. The Department's policy confirms that there is no bridging visa associated with a request for a waiver.

If the visa expires while the request is pending, the person becomes an unlawful non-citizen. That creates serious problems, discussed later in this article. Timing is therefore one of the most important parts of a partner visa no further stay strategy.

Evidence and the written submission for a partner visa no further stay waiver

The evidence and submission must address each element of subregulation 2.05(4) separately: what has changed since the visa was granted, why it was beyond the person's control, why it is a major change, and why it is compelling and compassionate.

The Department's policy requires decision records to show how the person satisfies, or does not satisfy, each requirement. A request that tells a story without linking it to each element makes the decision maker's job harder and gives them less to work with.

A clear timeline

The request should start with a timeline: when the visa was applied for, when it was granted, when the person arrived, and when each relevant event occurred. The timeline must show that the circumstances relied on developed after the visa was granted.

Every date must match the person's travel records, visa applications and other documents. Inconsistencies weaken credibility. The firm's guide to completing Form 80 without errors explains why consistency across all forms matters.

Medical evidence

Where the request relies on illness, injury or pregnancy complications, the medical evidence should come from a registered medical practitioner. It should state the diagnosis in plain terms, when the condition arose or worsened, the treatment required, the expected duration, and, where relevant, whether the person is fit to travel or whether the family member needs the person's care.

General letters that only say a person "is unwell" carry little weight. The policy states that decision makers must consider the medical evidence provided.

Evidence of the change and its effect

Evidence should show the person's position before the visa was granted and after the events in the request. For a family illness, that may include evidence of the family member's condition, the care being provided, and why other support is not available. For events in the home country, it may include reliable reports and evidence of where the person's home and family are.

The written submission

The written submission is the person's own account and the legal argument that connects it to the law. It should be factual, organised and honest. Every statement in it must be accurate and must be the person's own evidence, reviewed and corrected by them before it is lodged.

A good submission does not overstate the facts or claim circumstances that did not exist. A partner visa no further stay request that contains inaccurate information can create problems for the later partner visa application, which asks about previous visa history and dealings with the Department.

Relationship evidence is supporting material, not the main ground

Relationship evidence can explain why the person wants to apply onshore and why the waiver matters. It should not be presented as the reason for the waiver. If a waiver is granted, the relationship evidence will then be assessed properly in the partner visa itself. The firm's guides on partner visa relationship evidence, preparing evidence of a genuine relationship and the 820 partner visa evidence checklist explain what that later application requires.

Timing: when to request the waiver and when to lodge the partner visa

The waiver request should be made as early as possible after the relevant circumstances arise and before the current visa expires, and the partner visa application can only be validly made after the condition has been waived.

The Department's policy indicates that a later visa application can only be treated as made from the date the condition has been waived. In practical terms, the partner visa no further stay sequence is:

• confirm the condition from the grant notice and VEVO;
• identify whether any circumstance meets subregulation 2.05(4);
• prepare and lodge the waiver request, with evidence, before the visa expires;
• respond to any request for further information or medical examination;
• once the waiver is granted, lodge the partner visa promptly and while the person still holds a substantive visa, if possible.

The fifth step matters. A person who lodges a Subclass 820 application while holding a substantive visa is usually granted a bridging visa while the application is processed. The firm's guides to Bridging Visa A, bridging visas in Australia and working while waiting for a Subclass 820 visa explain how that works.

Before lodging, the couple should also have the partner visa documents ready, so that no time is lost once the waiver is granted. The partner visa document checklist and the guide on how to create an ImmiAccount can help with preparation.

After the partner visa no further stay waiver: preparing the partner visa

Once a partner visa no further stay waiver is granted, the partner visa application must still meet every legal requirement, because the Department's policy states that a waiver does not mean the person is eligible for any visa they apply for.

The waiver only removes the bar on making a valid application. The relationship, the sponsorship, health, character and every other criterion are then assessed in the ordinary way. The couple's partner visa relationship statement should be prepared carefully and must be consistent with what was said in the waiver request. Supporting statements from friends and family are usually made on Form 888, and the firm's guides on who can make a Form 888 and what it should say and Form 888 example answers and common mistakes explain how they work.

During processing, the Department may ask for more information or put adverse information to the applicant. The firm's guides on responding to a section 56 request and on the section 57 natural justice letter for a partner visa explain those steps. If circumstances change after lodgement, the Department must be told, and the guide on Form 1022 change of circumstances explains when.

Unlike a refused waiver, a refused onshore partner visa usually carries review rights. The firm's partner visa refusals page, its guide to partner visa appeal options, the article on what to expect in an ART review and its wider visa refusals and Tribunal review practice explain that process. The time limit for seeking review is short and strictly applied.

What happens if a partner visa no further stay waiver is refused?

If a partner visa no further stay waiver is refused, the person cannot appeal to the Administrative Review Tribunal. The Department's policy states that a decision not to waive a no further application condition is not reviewable under section 338 of the Migration Act, and Form 1447 states that the decision cannot be reviewed by the Tribunal or by another Department office.

The person must be told of the refusal in writing, and the policy states that the letter should be accompanied by a decision record. That decision record should be read carefully. It shows which element of subregulation 2.05(4) the decision maker found was not met.

After a refusal, the options are limited:

• A new request. There is no limit on the number of waiver requests. However, under paragraph 2.05(4)(b), a new request can only succeed if the circumstances presented are substantially different from those considered before. Repeating the same request with more documents is not enough.
• Legal error. The policy notes that a request alleging a possible jurisdictional error is referred for legal advice. Where a decision may involve legal error, the firm's judicial review practice can advise on whether a court challenge is available and worthwhile. This is a narrow remedy and depends on the facts.
• Leaving Australia and applying offshore. This is often the practical answer, and it is discussed below.

Because there is no merits review, the first partner visa no further stay request should be the strongest one that can be made. A rushed request, made without evidence, may use up the best available circumstances and make a later request harder.

What if your visa expires while the waiver request is pending?

If the visa expires before the waiver is decided, the person becomes an unlawful non-citizen, because a waiver request does not give the person a bridging visa. The partner visa no further stay condition also continues to apply.

The Department's policy states that a no further application condition does not stop a bridging visa application, but bridging visa validity requirements must still be met, and in many cases a person affected by the condition will not be able to obtain one. The policy says a person whose substantive visa ceases before the waiver is decided should be advised to contact the Department as soon as possible about their immigration status.

Being unlawful carries serious risks, including detention and removal. A person in this position needs urgent advice. The firm's guide on urgent immigration lawyer advice explains what to prepare, and the Bridging Visa B guide explains the travel bridging visa that is relevant to some people with a pending application.

Does Schedule 3 solve a partner visa no further stay problem?

No. Schedule 3 does not remove a partner visa no further stay condition. A person who becomes unlawful is still bound by the condition while they remain in Australia, so they still cannot make a valid onshore partner visa application unless the condition is waived.

This is a point that is often misunderstood. Some people believe that once a visa expires, the Schedule 3 rules for unlawful applicants take over and the no further stay condition no longer matters. That is wrong. The Department's policy states that the condition continues even after the visa has ceased, and applies to former visa holders, including bridging visa holders and unlawful non-citizens.

The waiver provisions also apply to unlawful non-citizens who held a visa with the condition. So an unlawful person can still make a waiver request. But the same strict test in subregulation 2.05(4) applies, and the circumstances must still have developed after the visa was granted.

How Schedule 3 applies once the condition is waived

If a waiver is granted to a person who no longer holds a substantive visa, the Subclass 820 application then faces a second hurdle. Subparagraph 820.211(2)(d)(ii) requires an applicant who does not hold a substantive visa to satisfy Schedule 3 criteria 3001, 3003 and 3004, unless the Minister is satisfied that there are compelling reasons for not applying those criteria.

Criterion 3001 requires the application to be made within 28 days after the person last held a substantive visa. Criteria 3003 and 3004 look at the reasons the person did not hold a substantive visa and whether those reasons were beyond their control. The firm's guides on Schedule 3 criteria for partner visas and the Schedule 3 partner visa waiver, and its Schedule 3 waiver page, explain those requirements.

The Subclass 820 policy notes that a genuine relationship and separation hardship are generally not compelling reasons, but that where there is an Australian citizen child with a demonstrable link to the applicant, a decision may be made to waive Schedule 3 criteria in the best interests of the child. The Full Federal Court in Waensila v Minister for Immigration and Border Protection [2016] FCAFC 32 held that compelling reasons are assessed on all the circumstances up to the time of decision.

Tribunal decisions on related questions

There are no merits review decisions on partner visa no further stay waiver refusals, because those refusals cannot be reviewed. Tribunal decisions on Schedule 3 and offshore applications do show how decision makers treat related questions. The following matters were remitted by the Tribunal. They were Schedule 3 or offshore application matters, not condition 8503 waiver decisions, and the issues listed are taken from the issue summaries recorded for each decision.

• In Hassan (Migration) [2021] AATA 2159, a Subclass 820 matter that the Tribunal remitted, the issues included a court remittal, the applicant not being the holder of a substantive visa at the time of application, the sponsor having significant illnesses, and compelling reasons existing.
• In Bedi (Migration) [2020] AATA 5208, a Subclass 820 matter that the Tribunal remitted, the issues included an application made more than 28 days after the last substantive visa, compelling reasons, and an Australian citizen child of the relationship.
• In Sandhu (Migration) [2018] AATA 1483, a Subclass 820 matter that the Tribunal remitted, the issues included compelling reasons for not applying the Schedule 3 criteria, the length of the relationship, and the difficulty of relocating offshore while the application is processed.
• In Pan (Migration) [2021] AATA 2318, a Subclass 309 matter that the Tribunal remitted, the issues included an onshore visa application that was refused, the applicant departing Australia, and delay in applying for an offshore visa.

These decisions do not predict the result of any other case, and they do not mean that the same reasons would support a partner visa no further stay waiver. The waiver test and the Schedule 3 test are different. They do show that serious illness of a sponsor and an Australian citizen child are the kinds of circumstances decision makers examine closely.

Applying offshore instead: the Subclass 309 and Subclass 300 pathways

For many couples, the most reliable answer to a partner visa no further stay problem is for the visa holder to leave Australia and apply for an offshore partner visa. The condition stops having effect when the person leaves Australia.

The Subclass 309 offshore partner visa is the offshore equivalent of the Subclass 820. The Department's policy states that all Subclass 309 applicants must be outside Australia when the application is made. For engaged couples who intend to marry in Australia, the Subclass 300 Prospective Marriage visa is another offshore option.

An offshore application has practical consequences. The applicant will usually wait outside Australia while it is processed. They may apply for a visitor visa to visit Australia during that time, but any new visitor visa may again carry condition 8503. The firm's guide on how long the onshore Subclass 820 takes and the Subclass 820 versus Subclass 801 article explain the onshore stages for comparison.

Departing does not fix every problem. If the person has overstayed or breached conditions, they may face exclusion periods or other issues on a future application. Advice before departure is important, so that the offshore application is prepared well and the person leaves lawfully.

Common mistakes in partner visa no further stay cases

The most common mistakes in partner visa no further stay matters are avoidable. They include:

• Lodging the partner visa anyway. An application made while the condition applies is invalid. It gives no bridging visa and no review rights.
• Letting the visa expire. Allowing the visitor visa to expire does not remove the condition and makes the person unlawful.
• Relying only on the relationship. A waiver request based only on the relationship, marriage or plans together faces a policy that generally treats those as within the person's control.
• Relying on circumstances that existed at grant. If the relationship or illness existed before the visa was granted, the request must address whether it has genuinely developed or escalated since.
• Lodging too late. Making the request days before the visa expires leaves no time for further information or medical examination.
• Weak evidence. Requests without medical evidence, a timeline and a submission addressing each element are unlikely to succeed.
• Inconsistent information. Statements in the waiver request must match earlier visitor visa applications, Form 80 and travel records.

The firm's articles on why partner visas get refused, the most common reasons Subclass 820 visas are refused and applying for a partner visa after a visa refusal explain related risks.

What the Australian partner can do

The waiver request is made by the visa holder, but the Australian partner can support it with evidence, their own written account, and, where the request relies on their health, medical evidence about their condition and care needs.

The Australian partner should also understand their own role in the later partner visa. They will be the sponsor, and they must meet the sponsorship requirements. The firm's page on partner visa sponsorship limitations explains when a person cannot sponsor. Where a relationship has involved family violence, the firm's family violence partner visa page explains the separate provisions that apply.

Couples who started a partner visa on their own and now face a partner visa no further stay issue can obtain advice at any stage. The firm's guides on hiring an immigration lawyer after lodging your own application, getting a second opinion and whether a partner visa lawyer is worth it compared with doing it yourself explain how that works. The article on appointing a representative with Form 956 explains how a lawyer is authorised to deal with the Department.

Partner visa no further stay advice across Australia

My Migration Lawyers advises on partner visa no further stay waivers wherever the couple lives, with consultations held by video.

The firm acts as partner visa lawyers in Sydney and Parramatta, as partner visa lawyers in Melbourne, Brisbane, Perth and Adelaide, and for clients on the Gold Coast, in Canberra and in Hobart.

For wider migration matters, the firm also acts as immigration lawyers in Sydney, Melbourne, Brisbane, Perth and Adelaide. The guides to partner visa lawyers in Brisbane, immigration lawyers in Melbourne and how to choose a partner visa lawyer in Australia may also help.

How My Migration Lawyers helps with a partner visa no further stay waiver

My Migration Lawyers acts in many partner visa matters where the applicant holds, or has held, a visa with condition 8503 or another no further stay condition, including complex matters where the visa is close to expiry, where the person has already become unlawful, or where a waiver has already been refused. The firm deals with complex partner visa no further stay matters regularly and is capable of handling them from the first assessment through to the partner visa application.

The firm's work on a partner visa no further stay matter is practical and specific to the waiver.

• Confirming the condition and the deadline. The firm checks the grant notice and visa history, confirms which condition applies, and identifies the date by which the waiver request must be lodged.
• Assessing the waiver test honestly. The firm advises whether the circumstances can meet each element of subregulation 2.05(4). Where the relationship is the only reason, the firm says so, and advises on the offshore pathway instead.
• Building the timeline and evidence. The firm prepares a verified timeline and gathers the medical, family and country evidence that shows what changed after the visa was granted.
• Presenting the client's account. The written submission is the client's own evidence. The firm takes the client's account, presents it in the form the law requires, and the client reviews and corrects every detail before it is lodged.
• Preparing the partner visa in parallel. The firm prepares the partner visa application so that it can be lodged promptly once the waiver is granted, while a substantive visa is still held if possible.
• Planning the alternatives. Where a waiver is refused or unavailable, the firm advises on a further request based on substantially different circumstances, on Schedule 3, or on an offshore Subclass 309 or Subclass 300 application.

The firm's partner visa practice is described on its partner visa lawyers page, and its Principal Lawyer, Weiwei Zhang, oversees that practice. More about the firm is on the about page.

If you or your partner hold a visa with a no further stay condition and want advice on a partner visa no further stay waiver, book a consultation online. You can also call 1300 040 300.