Partner Visa on a Bridging Visa E

A partner visa on Bridging Visa E is possible in Australia, but it is one of the most technical partner visa applications to lodge. Applying for a partner visa on Bridging Visa E means applying without a substantive visa, so extra criteria apply before the visa can be granted, and in many cases extra rules apply before the application is even valid.

A Bridging Visa E keeps a person lawful while they make arrangements to leave Australia, wait for another matter to be resolved, or regularise their status. It does not give them the same position as a person who holds a visitor, student or work visa. When that person lodges the combined Subclass 820 visa and Subclass 801 application, the Department looks at why they hold a Bridging Visa E, what happened in their visa history, and whether a refusal or cancellation in Australia has limited what they can apply for.

This guide is written for the person who holds a Bridging Visa E today and wants to apply for a partner visa with their Australian partner. It explains the lodgement risks to check before applying, how Schedule 3 and section 48 affect a partner visa on Bridging Visa E, what bridging visa follows lodgement, and what happens if the application is refused. For an overview of every partner visa subclass, see our complete guide to partner visas in Australia.

Can you apply for a partner visa on Bridging Visa E?

Yes, you can apply for a partner visa on Bridging Visa E if you are in Australia, but the application must be validly made, and the visa can only be granted if the Schedule 3 criteria are met or the Department is satisfied there are compelling reasons for not applying them.

The Partner visa class remains open to many people who hold no substantive visa, including people on a Bridging Visa E, and it is one of the visa classes still available to applicants affected by section 48. That is the good news. The difficulty is that a partner visa on Bridging Visa E faces up to three separate hurdles that an applicant on a student or work visa does not face:

• Validity. If the applicant has had a visa refused or cancelled since they last entered Australia, section 48 of the Migration Act 1958 applies. The application is only valid if the extra requirements in Schedule 1 item 1124B(3)(e) are met at the time of lodgement.
• Schedule 3. Because a Bridging Visa E is not a substantive visa, subparagraph 820.211(2)(d)(ii) of the Migration Regulations 1994 requires the applicant to satisfy Schedule 3 criteria 3001, 3003 and 3004, unless the Minister is satisfied there are compelling reasons for not applying those criteria.
• Status after lodgement. The applicant will usually remain on a Bridging Visa E after lodgement, with the conditions that come with it, including restrictions on work and travel.

None of these hurdles is about the relationship. A couple can be in a genuine, long and well documented relationship and still lodge an invalid application, or fail Schedule 3. The relationship evidence still matters, and it is assessed under the same four aspects as every other partner visa. But for a partner visa on Bridging Visa E, the visa history questions come first.

What is a Bridging Visa E and why is it not a substantive visa?

A Bridging Visa E is a temporary visa that keeps a person lawful in Australia while they leave, wait for a matter to be decided, or resolve their immigration status, and it is not a substantive visa because the Migration Act defines a substantive visa as a visa other than a bridging visa, a criminal justice visa or an enforcement visa.

Our guide to bridging visas in Australia explains the different bridging visas and how each one is granted. For a partner visa on Bridging Visa E, the important points are set out below.

Substantive visas and bridging visas

A substantive visa is the ordinary visa a person holds to be in Australia, such as a visitor visa, a student visa, a working holiday visa or a skilled visa. A bridging visa fills the gap between visas or between a visa and a decision. It is granted because something else is happening: an application is being processed, a review is pending, or the person is making arrangements to depart.

A person who holds only a bridging visa is lawful, but they are not the holder of a substantive visa. The partner visa criteria treat that person differently from a person who still holds their visitor, student or work visa at the time of application. That is why applying for a partner visa on Bridging Visa E is not the same as applying from a substantive visa, even though both applicants are lawfully in Australia.

Why the visa you hold at lodgement matters

The visa you hold at the moment of lodgement fixes the rules that apply to your partner visa. An applicant who lodges while holding a substantive visa does not have to meet Schedule 3. An applicant who lodges a partner visa on Bridging Visa E does. The Department will look at the applicant's visa status on the day of lodgement, not the day the relationship began or the day the couple decided to apply.

This is also why the timing advice given to a person who still holds a substantive visa is different. Where an applicant's substantive visa is still in effect, lodging before it ends usually avoids Schedule 3 altogether. Once the person is on a Bridging Visa E, that option has passed, and the application must be built around the Schedule 3 position. Our article on Bridging Visa A work rights, conditions and travel explains how the position differs for people who held a substantive visa when they applied.

Why do people hold a Bridging Visa E before applying for a partner visa?

People usually hold a Bridging Visa E before applying for a partner visa because they are making arrangements to leave Australia, because they are waiting on a review or another application lodged when they had no substantive visa, or because they came forward to the Department after a period without a visa.

The reason matters. It affects whether section 48 applies, what conditions are attached to the current Bridging Visa E, what the Department already knows about the applicant, and how the compelling reasons case for a partner visa on Bridging Visa E should be framed.

A Bridging Visa E granted on departure grounds

Some people are granted a Bridging Visa E so they can make arrangements to leave Australia. This often happens after a visa has expired or after a refusal, when the person tells the Department they will depart. The grant notice may record a date by which the person is expected to leave. If the person then forms or continues a relationship with an Australian partner and wants to stay, the question becomes whether a valid partner visa can be lodged before that date passes.

A Bridging Visa E while another matter is pending

Other people hold a Bridging Visa E linked to an application or review that is still pending. A common example is a person whose student visa or another visa was refused, who applied for review, and who holds a bridging visa while the review is decided. The Tribunal has dealt with partner visa matters in this setting. In Namsombun (Migration) [2020] AATA 2611, the recorded issue was a bridging visa held pending review of the refusal of a further student visa, and the Tribunal remitted the partner visa matter to the Department for reconsideration. In Yuan (Migration) [2024] AATA 3638, the recorded issue was a bridging visa later granted in association with another review application, and the Tribunal also remitted the matter to the Department for reconsideration.

Those decisions turned on their own facts. They show that the history of each bridging visa, and the application or review it was linked to, is part of the record the Department and the Tribunal examine when deciding a partner visa on Bridging Visa E.

A Bridging Visa E after a refusal or cancellation

A person whose visa was refused or cancelled in Australia, and whose review rights have ended or were not used, often holds a Bridging Visa E. That person is usually section 48 affected. Our page on visa cancellations explains the cancellation process, and our article on applying for a partner visa after a visa refusal explains how a refusal limits later onshore applications.

A Bridging Visa E after a period without any visa

Some people were unlawful for a period, then contacted the Department and were granted a Bridging Visa E while their status was resolved. In Bamba (Migration) [2020] AATA 1868, the recorded issue was an applicant on a bridging visa after lengthy unlawful residence, and the Tribunal remitted the matter to the Department for reconsideration. In 1814075 (Migration) [2020] AATA 3700, the recorded issue was two periods of unlawful residence and bridging visas, and the Tribunal again remitted the matter. A long or repeated period without a substantive visa does not end the possibility of a partner visa on Bridging Visa E, but it must be addressed directly and honestly in the application.

Where our partner visa on Bridging Visa E clients are located

My Migration Lawyers acts for people applying for a partner visa on Bridging Visa E throughout Australia, and every consultation is conducted by video. Couples in New South Wales can read about our partner visa lawyers in Sydney and our partner visa lawyers in Parramatta. Couples in Victoria and Queensland can read about our partner visa lawyers in Melbourne, Brisbane and the Gold Coast. We also act for couples through our partner visa lawyers in Perth, Adelaide, Canberra and Hobart. The city does not change the law. The applicant's visa history does.

Lodgement risk checklist for a partner visa on Bridging Visa E

Before lodging a partner visa on Bridging Visa E, the applicant's position should be checked against each of the following risks, because any one of them can make the application invalid or lead to refusal.

• Section 48. Has any visa been refused or cancelled since the applicant last entered Australia? If so, the extra validity requirements in item 1124B(3)(e) apply.
• A previous partner visa refusal. Has a partner visa been refused since the applicant last entered Australia? If so, a further onshore partner visa application is generally not available.
• Schedule 3. Because the applicant holds no substantive visa, criteria 3001, 3003 and 3004 apply unless they are waived on compelling reasons.
• Condition 8503 history. Did an earlier visa carry a no further stay condition, and was it waived or did the visa end?
• The current Bridging Visa E conditions. Is there a no work condition, a reporting condition or an address condition, and has each one been complied with?
• The reason for the Bridging Visa E. Was it granted on departure grounds, for a pending review, or after a period without a visa, and what did the applicant tell the Department at the time?
• Other pending matters. Is there a review, judicial review proceeding or other application still pending, and how will a partner visa on Bridging Visa E interact with it?
• The sponsor. Can the Australian partner sponsor, or does a sponsorship limitation apply? Our page on partner visa sponsorship limitations explains those rules.
• Integrity. Is everything said in earlier visa applications consistent with what will be said now?

The sections that follow work through each risk in turn. Our article on urgent immigration lawyer advice explains what documents to gather before seeking advice when a departure date is close.

Section 48 and a partner visa on Bridging Visa E

Section 48 does not stop a partner visa on Bridging Visa E, because the Partner class is prescribed in regulation 2.12, but a section 48 affected applicant must meet extra validity requirements in Schedule 1 item 1124B(3)(e), and an application that misses any of them is invalid.

Many people on a Bridging Visa E are section 48 affected without realising it. A person is section 48 affected if they are in Australia, do not hold a substantive visa, and have had a visa refused or cancelled since they last entered Australia. A person on a Bridging Visa E holds no substantive visa, so the only remaining question is whether there has been a refusal or cancellation since their last entry.

Who is section 48 affected

The question is about refusals and cancellations since the applicant last entered Australia, not refusals at any time in their life. A refusal of a student visa, a visitor visa or a skilled visa made while the applicant was in Australia after their last arrival can all count. A cancellation of the visa the person entered on can also count.

Section 48(3) and item 1124B(3A)(b) prevent a person from resetting the position by travelling on a bridging visa. A person who leaves and returns while holding a bridging visa is treated as not having left for this purpose. That point matters less for a partner visa on Bridging Visa E, because a Bridging Visa E does not allow travel at all, but it often matters for people whose history includes earlier bridging visas. Our page on visa refusals explains refusal decisions and review more generally.

The extra validity requirements in item 1124B(3)(e)

A section 48 affected applicant for a partner visa on Bridging Visa E must meet the following requirements at the time of lodgement:

• No previous partner visa refusal. The applicant must not have been refused a partner visa since they last entered Australia.
• The sponsorship form. The sponsor's completed and signed sponsorship form (Form 40SP) must be lodged with the application. It cannot be provided later.
• Two statutory declarations. Two statutory declarations must be lodged, each made by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is not the applicant's partner. Each declaration must state that the couple are in a married or de facto relationship, and each must be made within a short period before the application is lodged.

These statutory declarations are a legal validity requirement for section 48 affected applicants. They are different from the Form 888 statements that friends and family usually provide as supporting evidence in a partner visa. Our guide to who can make a Form 888 and what it should say explains the supporting statements, which are still useful, but they do not replace the two statutory declarations.

If any of these requirements is missing, the application is not valid. An invalid application does not lead to a bridging visa linked to the partner visa. The applicant remains on whatever visa they held before, and if that Bridging Visa E ends, they may become unlawful.

The previous partner visa refusal trap

A person on a Bridging Visa E after an onshore partner visa refusal generally cannot lodge another onshore partner visa to start again. The usual routes after an onshore partner visa refusal are review by the Administrative Review Tribunal while review rights remain, or an offshore application for the Subclass 309 visa. Item 1124B(3)(d) also prevents a Subclass 820 holder whose Subclass 801 has been refused from lodging a further partner application shortly afterwards to keep the process alive.

This is one of the most common misconceptions about a partner visa on Bridging Visa E. A new relationship, a marriage, or a new sponsor does not change the rule. If the earlier refusal was a partner visa refusal since the applicant's last entry, a new onshore partner application is generally not valid. Our article on partner visa refusal appeal options explains the review route, and our Partner Visa Refusals service page explains how the firm acts after a partner visa refusal.

Schedule 3 and a partner visa on Bridging Visa E

Schedule 3 applies to a partner visa on Bridging Visa E because the applicant does not hold a substantive visa at the time of application, and subparagraph 820.211(2)(d)(ii) requires criteria 3001, 3003 and 3004 to be met unless the Minister is satisfied that there are compelling reasons for not applying those criteria.

Schedule 3 is a set of additional criteria for people who apply in Australia without a substantive visa. It does not make the application invalid. A person can lodge a partner visa on Bridging Visa E even if they cannot meet Schedule 3. But the visa cannot be granted unless the criteria are met or the Department decides not to apply them. Our Schedule 3 Waiver service page and our guide to Schedule 3 criteria for applicants who are unlawful explain the criteria in detail. The points below explain how they apply to a person on a Bridging Visa E.

Criterion 3001: timing of the application

Criterion 3001 requires the application to be made within a short period after the applicant last held a substantive visa. Most people applying for a partner visa on Bridging Visa E have been without a substantive visa for longer than that period, so they cannot meet criterion 3001. That is why the compelling reasons waiver is usually central to the case.

Criterion 3003: a legacy criterion

Criterion 3003 deals with people who became unlawful before 1 September 1994. It rarely matters today. For almost every person applying for a partner visa on Bridging Visa E, the relevant criteria are 3001 and 3004.

Criterion 3004: the substance of the test

Criterion 3004 applies to people who ceased to hold a substantive visa, or entered Australia unlawfully, on or after 1 September 1994. Among other things, it requires that:

• the reasons the applicant became unlawful were beyond their control;
• there are compelling reasons to grant the visa;
• the applicant substantially complied with the conditions of their last visa, including any bridging visa; and
• the applicant would have been entitled to the visa had they applied immediately before becoming unlawful.

The bridging visa compliance element is often overlooked. A person applying for a partner visa on Bridging Visa E may have breached a no work condition or a reporting condition on that Bridging Visa E or on an earlier bridging visa. That history is relevant to criterion 3004 and to the overall assessment.

Why most cases turn on the waiver

Because few applicants meet criterion 3001, the realistic question for most people seeking a partner visa on Bridging Visa E is whether the Minister will be satisfied there are compelling reasons for not applying the Schedule 3 criteria. Our article on the Schedule 3 partner visa waiver explains how the waiver operates.

Compelling reasons for a partner visa on Bridging Visa E

Compelling reasons are not defined in the Migration Regulations, so each partner visa on Bridging Visa E is assessed on its own facts, and the decision maker must consider all of the applicant's circumstances as known up to the time of the decision.

What does not count on its own

Department policy treats a genuine relationship, and the hardship of separation, as not generally enough on their own. The reason is simple: every partner visa applicant has a relationship, and every couple would suffer if separated. A compelling reasons case for a partner visa on Bridging Visa E that rests only on the strength of the relationship is weak.

Department policy also says the waiver is not meant to advantage people who failed to comply with visa conditions, manipulated their circumstances, or could leave Australia and apply offshore. A long period without a visa, with little effort to regularise status, weighs against the applicant. These are the concerns the case must answer directly.

Circumstances that are taken seriously

Circumstances beyond the applicant's control that caused or prolonged their time without a substantive visa, such as severe illness or incapacity, are reasonably accepted by Department policy as compelling. Matters the Tribunal has considered compelling in partner visa remittal decisions include:

• Australian citizen children of the relationship, and the best interests of those children;
• a pregnant sponsor;
• the sponsor's serious illness or mental health, and the sponsor's dependence on the applicant;
• the applicant's care of the sponsor's children;
• family health issues and bereavement;
• financial hardship;
• long-standing relationships, considered together with other factors;
• travel restrictions; and
• the circumstances in which the applicant's last visa ended.

Each factor needs evidence. A statement that the sponsor is unwell carries little weight without medical reports. A statement that the applicant cares for children needs evidence of the care arrangements. Our guide to partner visa relationship evidence explains the relationship evidence, and the compelling reasons evidence must be assembled in the same disciplined way.

Compelling reasons that arise after lodgement

In Waensila v Minister for Immigration and Border Protection [2016] FCAFC 32, the Full Federal Court held that the decision maker must consider all of the applicant's circumstances as known up to the time of decision. Compelling reasons that arise after a partner visa on Bridging Visa E is lodged, such as the birth of a child, therefore count. The submission should be updated when circumstances change, and the Department should be told through the proper process.

Decisions where no substantive visa was held

In Zhang (Migration) [2026] ARTA 84, the recorded issue was that the applicant held no substantive visa at the time of application and the question of compelling reasons, and the Tribunal remitted the matter to the Department for reconsideration. In Fu (Migration) [2025] ARTA 669, the recorded issue was a court remittal in a matter where the applicant held no substantive visa, and the Tribunal remitted the matter to the Department for reconsideration. Each decision depended on its own evidence. Neither establishes a rule that a particular set of facts will succeed.

Condition 8503 and the conditions of earlier visas

Condition 8503 (No Further Stay) on an earlier visa generally prevents a valid onshore partner visa application unless it was waived first, so the conditions on every visa the applicant has held in Australia must be checked before lodging a partner visa on Bridging Visa E.

A person who entered on a visitor visa with condition 8503 and then moved to a Bridging Visa E should not assume the condition has disappeared. Whether condition 8503 still affects a partner visa on Bridging Visa E depends on which visa carried it, whether that visa is still the person's last substantive visa, and whether a waiver was granted. Our article on applying for a Subclass 820 visa with condition 8503 explains how the condition operates, and our guide to moving from a tourist visa to a partner visa in Australia covers the visitor visa position.

The same check applies to conditions on student, working holiday and other visas. A breach of conditions on an earlier visa is also relevant to the substantial compliance element of criterion 3004 and to the Department's overall view of the applicant's immigration history.

Should you leave Australia and apply offshore instead?

Leaving Australia to apply for the offshore Subclass 309 visa avoids Schedule 3, but it is not automatically the better choice, because departure ends the Bridging Visa E, can attract an exclusion period in some circumstances, and separates the couple while the offshore application is processed.

This question sits at the centre of many applications for a partner visa on Bridging Visa E. Department policy says the Schedule 3 waiver is not intended for people who can leave Australia and apply offshore. A strong compelling reasons case therefore explains, with evidence, why an offshore application is not a realistic alternative for this couple. Examples include a sponsor who depends on the applicant for daily care, an Australian citizen child whose best interests require both parents to remain together in Australia, or a serious medical condition that makes travel unsafe.

For other couples, an offshore application is the cleaner route. If the applicant has an earlier partner visa refusal since their last entry, a valid onshore application is generally not available at all. If the compelling reasons are thin and the applicant could leave without an exclusion period applying, an offshore Subclass 309 application may give the couple a clearer path. In an offshore matter, My Migration Lawyers acts for the Australian sponsor, and the applicant must be outside Australia when the application is lodged and when the visa is decided. Our Subclass 309 visa page explains the offshore application.

The decision between a partner visa on Bridging Visa E and an offshore application should be made with advice before any departure. Once the applicant leaves, the Bridging Visa E has ended and the onshore option has generally gone.

Your Bridging Visa E conditions before you lodge

The conditions on your current Bridging Visa E continue to bind you until a new visa is granted, so a partner visa on Bridging Visa E should only be lodged after each condition has been checked against the grant notice and the applicant's conduct.

A Bridging Visa E can carry a range of conditions. The most common are a condition that prohibits work, a condition that requires the holder to report to the Department at set times or places, and a condition that requires the holder to tell the Department of their residential address and any change to it. Some Bridging Visa E grants also record that the holder is expected to make arrangements to depart.

Condition 8101 and work

Condition 8101 prohibits work. A person on a Bridging Visa E with condition 8101 who works is breaching a visa condition. That breach can lead to cancellation of the bridging visa, and it is relevant to the substantial compliance element of criterion 3004 when a partner visa on Bridging Visa E is assessed. An applicant who has worked in breach of a condition should say so to their lawyer before anything is lodged, so the history can be dealt with properly.

Reporting and address conditions

Reporting and address conditions are simple to comply with and serious to breach. A missed report or an unreported change of address can lead to cancellation of the Bridging Visa E, and a person whose bridging visa is cancelled can become unlawful and liable to detention. While a partner visa on Bridging Visa E is being prepared, every reporting obligation must continue to be met.

Does a departure grounds Bridging Visa E stop a partner visa application?

No, a Bridging Visa E granted so the holder can make arrangements to depart does not, by itself, generally prevent a valid partner visa application, but the applicant must lodge while still lawful, and what they told the Department when they obtained it becomes part of the record.

A person who obtained a Bridging Visa E by telling the Department they intended to leave, and who now applies for a partner visa on Bridging Visa E, will be asked to explain the change. A relationship that began or became serious after that statement is a legitimate explanation if it is true and supported by evidence. A relationship that existed at the time, but was not mentioned, needs careful handling. The application must be consistent with earlier statements, or it must explain any inconsistency honestly.

The date in the grant notice also matters. If the Bridging Visa E is due to end on a set date, a valid partner visa application must be lodged before then. Once the Bridging Visa E ends and the person becomes unlawful, they are liable to be detained, and their position is harder.

What bridging visa do you get after lodging a partner visa on Bridging Visa E?

A person who lodges a valid partner visa on Bridging Visa E will usually be granted a further Bridging Visa E linked to the partner visa application, not a Bridging Visa A, because a Bridging Visa A is generally only available to people who held a substantive visa when they applied.

Many couples expect the work and travel position of a Bridging Visa A. Our article on Subclass 820 work rights and the Bridging Visa A explains that position for people who applied from a substantive visa. It is not the usual outcome for a partner visa on Bridging Visa E.

Work rights and a compelling need to work

The further Bridging Visa E may carry condition 8101. A Bridging Visa E without the no work condition can be sought by showing a compelling need to work. In general terms, a compelling need to work involves financial hardship. The request must be supported by evidence of the applicant's financial position, such as rent, bills and the couple's income. The sponsor's income is relevant, because a couple who can support themselves on the sponsor's income may not show a compelling need.

Travel: leaving Australia ends the Bridging Visa E

A Bridging Visa E does not allow travel. If the holder leaves Australia, the Bridging Visa E ends. A Bridging Visa B, which allows travel for people on a Bridging Visa A, is generally not available to a Bridging Visa E holder. Our guide to the Bridging Visa B explains who can obtain one.

Leaving Australia while a partner visa on Bridging Visa E is pending can have serious consequences. The person needs a visa to return. Their history may attract an exclusion period in some circumstances. A family emergency overseas should be discussed with a lawyer before any flight is booked.

Timing a partner visa on Bridging Visa E around other pending matters

A partner visa on Bridging Visa E can sometimes be lodged while a review or judicial review proceeding about another visa is still pending, but the timing must be planned, because section 48, Schedule 3 and the applicant's bridging visa position can each change depending on the order in which things happen.

When a Tribunal review is pending

A person who holds a Bridging Visa E because of a pending review of another visa refusal is usually section 48 affected, because the refusal has already happened. Lodging a partner visa on Bridging Visa E at that point requires the item 1124B(3)(e) requirements to be met. The applicant should also consider whether the review should continue. Withdrawing a review can affect the bridging visa linked to it. Our article on what to expect in ART review after a visa refusal explains the review process.

When judicial review is pending

Judicial review in the Federal Circuit and Family Court of Australia is review for jurisdictional error only. A person may hold a Bridging Visa E while judicial review proceedings are on foot. Lodging a partner visa on Bridging Visa E during that period may be possible, but the effect on the court proceeding and on the bridging visa must be considered. Our judicial review service page explains how judicial review works.

The relationship evidence for a partner visa on Bridging Visa E

The relationship evidence for a partner visa on Bridging Visa E must meet the same genuine relationship test as any partner visa, because the Department must be satisfied the relationship is genuine and continuing under section 5F (spouses) with regulation 1.15A or section 5CB (de facto partners) with regulation 1.09A.

The evidence is organised around the four aspects: financial aspects of the relationship, the nature of the household, social aspects of the relationship, and the nature of the persons' commitment to each other. The couple's relationship statement sets out the history of the relationship in their own words. Our guides to the relationship statement, Form 888 examples and common mistakes, the partner visa document checklist and preparing evidence of a genuine relationship explain each part. De facto couples should also read our guide to the de facto partner visa and the 12-month rule. Same-sex couples are assessed in the same way, and our LGBTI partner visa page covers issues that sometimes arise.

Consistency with the immigration history

For a partner visa on Bridging Visa E, the relationship evidence must be consistent with every earlier visa application and every statement given to the Department. Form 80 answers, earlier visa applications and bridging visa applications are all on the Department's file. Our Form 80 guide explains the personal particulars form.

PIC 4020, the integrity criterion, allows refusal where false or misleading information or a bogus document was given to the Department or the Tribunal in this or a recent application. A refusal on that ground can carry an exclusion period. A waiver is possible in limited circumstances. Honesty about the past is safer than an account that does not match the file.

Health, character and the sponsor

Health requirements (PIC 4007, which can be waived for partner visas in some cases), character requirements under section 501 including police certificates, and sponsorship rules under regulation 1.20J apply to a partner visa on Bridging Visa E in the same way as any other partner visa. Our article on when a sponsor cannot sponsor a partner visa explains the sponsor rules.

Requests and changes during processing

The Department may send a section 56 request for more information or a section 57 invitation to comment on adverse information. Our guides to responding to a section 56 request and to the section 57 natural justice letter explain each. Changes of circumstances, including a change of address or the end of the relationship, must be notified, and our article on Form 1022 change of circumstances explains how. If the relationship ends, our guide to what happens if the relationship breaks down and our page on the family violence provisions explain the limited exceptions.

What happens if a partner visa on Bridging Visa E is refused?

If a partner visa on Bridging Visa E is refused, the applicant in Australia can generally apply to the Administrative Review Tribunal for review, and the deadline is short, strictly applied and cannot be extended.

The Tribunal considers the matter afresh on the evidence before it at the time of its decision, so new evidence, including new compelling reasons, can be given on review. The Tribunal can affirm the refusal, set it aside and substitute a new decision, or remit the matter to the Department with a direction, for example that the applicant is taken to satisfy a specified criterion. A person who held a bridging visa linked to the refused application generally keeps a bridging visa while a valid review application is pending.

The applicant should not lodge a further onshore partner application after a partner visa refusal, because it will generally be invalid. Our articles on why partner visas get refused, on Subclass 820 refusals and on when you need a visa appeal lawyer explain the refusal and review process. After the Tribunal, judicial review is available only for jurisdictional error, and strict time limits apply.

Choosing who acts on a partner visa on Bridging Visa E

A partner visa on Bridging Visa E is a legal matter, because validity, section 48, Schedule 3 and bridging visa conditions each turn on legal tests, and a mistake can leave the applicant with an invalid application and no lawful status.

Our article on when you need an immigration lawyer for a partner visa, our guide to the partner visa lawyer vs doing it yourself question, and our article on whether to use a migration agent or a lawyer for a partner visa explain the practical differences. People who want a fresh view of advice already received can read our guide to getting a second opinion from an immigration lawyer, and those who have already lodged can read about hiring an immigration lawyer after lodgement and appointing a representative with Form 956 and 956A.

Those comparing firms can read our guides to choosing a partner visa lawyer in Australia, and, by city, choosing a partner visa lawyer in Sydney, Melbourne, Brisbane or Perth. For broader immigration matters, My Migration Lawyers also acts through our immigration lawyers in Sydney, Melbourne, Brisbane, Perth and Adelaide. Our guide to booking an immigration lawyer consultation explains what to bring.

How My Migration Lawyers handles a partner visa on Bridging Visa E

My Migration Lawyers deals with complex partner visa matters and acts in many applications for a partner visa on Bridging Visa E, including matters involving section 48, Schedule 3, earlier refusals and cancellations, and long periods without a substantive visa. The firm is capable of handling these applications, and it approaches each one by settling the validity and status questions before the relationship evidence is assembled.

In practice, the firm's work on a partner visa on Bridging Visa E includes:

• Reviewing every bridging visa grant notice, the VEVO record and the applicant's full visa history, so that each refusal, cancellation, condition and period without a substantive visa is identified.
• Determining whether the applicant is section 48 affected and, if so, preparing the item 1124B(3)(e) requirements, including the two statutory declarations and the sponsorship form, so the application is valid when lodged.
• Checking whether an earlier partner visa refusal prevents a further onshore application, and advising on review or the offshore Subclass 309 route where it does.
• Preparing the compelling reasons submission for not applying Schedule 3, supported by medical, financial, family and other evidence of the couple's actual circumstances.
• Planning the timing of lodgement around the expiry of the current Bridging Visa E and any pending review or court proceeding.
• Advising on the further Bridging Visa E, its conditions, and a request for work rights where there is a compelling need to work.
• Reviewing the relationship statement, Form 888 statements and relationship evidence against the four aspects, and checking them for consistency with the immigration history.
• Responding to section 56 requests and section 57 letters, updating the compelling reasons case as circumstances change, and acting on review if the application is refused.

The firm is led by Weiwei Zhang, Principal Lawyer. Information about the firm's Schedule 3 work is on our Schedule 3 waiver page, information about the combined application is on our Subclass 820 visa page, information about the firm's partner visa practice is on our partner visa lawyers page, and more about the firm is on our about page.

If you hold a Bridging Visa E and want to know whether you can lodge a valid partner visa on Bridging Visa E, and what your compelling reasons case would need, book a consultation online or call 1300 040 300.