Partner Visa Online Application Through ImmiAccount

A partner visa online application is the only way most couples can apply for an Australian partner visa today. The application is made in ImmiAccount, the Department of Home Affairs online portal, and it is lodged, paid for and supported with documents entirely online. A partner visa online application is not a simple web form. It is a legal application that must satisfy the validity requirements in Schedule 1 of the Migration Regulations 1994, and small mistakes at the lodgement stage can make the application invalid, change the bridging visa you receive, or create problems that follow the application for years.

This guide explains the partner visa online application step by step. It covers which application to choose, the order of steps, what each page of the online form asks, how the sponsor completes their part, the payment step, the Transaction Reference Number, the bridging visa for onshore applicants, how to attach documents, the timing traps that apply when you lodge inside Australia, and what to do if something goes wrong during lodgement. If you want a wider overview of every partner visa stream first, our complete guide to partner visas in Australia explains the whole process. If you would prefer that the application is prepared and lodged for you, our partner visa lawyers act for couples across Australia.

What is a partner visa online application?

A partner visa online application is an application for a partner visa made through ImmiAccount using the Department's online form 47SP (Internet), which ImmiAccount titles "Application for migration to Australia by a partner". Schedule 1 of the Migration Regulations 1994 requires the application to be made on the form specified by legislative instrument. For the partner visas, that specified form is the internet form, unless the Department has authorised the applicant in writing to use the paper Form 47SP.

In practice, this means paper lodgement is the exception, not an option the applicant can simply choose. Unless you hold written authorisation from the Department, a partner visa online application is the only valid way to apply. A paper form posted to the Department without that authorisation does not make a valid application.

The same online form is used for every partner visa stream. What changes is the stream you select at the start, the questions that follow, and the location rules that decide whether the application is valid. That is why the first decision in any partner visa online application is choosing the right application.

Two visas in one application

Every partner visa online application is a combined application for two visas. The Department calls this two-stage processing. Onshore applicants apply for the temporary Subclass 820 visa and the permanent Subclass 801 visa on one form. Offshore applicants apply for the provisional Subclass 309 visa and the permanent Subclass 100 visa on one form.

Schedule 1 requires the two applications to be made at the same time and place. For example, paragraph 1214C(3)(a) provides that a Subclass 820 application must be made at the same time and place as a Subclass 801 application. You do not lodge a second application for the permanent stage later. The permanent stage is assessed under the same application, usually about two years after lodgement. Our guide to Subclass 820 vs Subclass 801 explains how the two stages work.

Which partner visa online application should you choose?

The partner visa online application you choose depends mainly on where the applicant is physically located on the day of lodgement, and whether the couple is married, in a de facto relationship or engaged. The online form asks for this at the start, and the answer sends the application down one of the following streams.

Onshore: Subclass 820 and Subclass 801

If the applicant is in Australia, the onshore partner visa online application is for the Subclass 820 and Subclass 801 visas. Paragraph 1214C(3)(c) requires every applicant for a Subclass 820 visa to be in Australia, but not in immigration clearance, when the application is made. The applicant must be the spouse or de facto partner of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. Our Subclass 820 visa service page explains how we act on onshore applications, and our Subclass 820 visa explainer covers eligibility in detail.

Offshore: Subclass 309 and Subclass 100

If the applicant is outside Australia, the offshore partner visa online application is for the Subclass 309 and Subclass 100 visas. Paragraph 1220A(3)(b) requires all applicants for a Subclass 309 visa to be outside Australia at the time of application. A couple who intend to marry may also apply in this stream if the intended marriage will be valid for the purposes of the Migration Act 1958. Our Subclass 309 visa service page explains the offshore process.

Engaged couples: Subclass 300

A Subclass 300 Prospective Marriage visa is also applied for online using the same partner form. Paragraph 1215(3)(b) requires both primary and secondary applicants to be outside Australia at the time of application. The Subclass 300 visa is a separate temporary visa for an applicant who intends to travel to Australia to marry their sponsor. It is not a combined two-stage application, although after the marriage the holder applies in Australia for the Subclass 820 and Subclass 801 visas. Our Subclass 300 Prospective Marriage visa page explains that pathway.

Married or de facto

Inside each stream, the partner visa online application asks whether the relationship is a marriage or a de facto relationship. A de facto applicant generally needs to show 12 months of de facto relationship before applying, unless an exception applies, such as registration of the relationship. Our article on the de facto partner visa and the 12 month rule and our guide to whether you need 12 months of de facto relationship for a Subclass 820 visa explain how the rule works. Same-sex couples use exactly the same partner visa online application, and our LGBTI partner visa page explains how we act for them.

Validity requirements for a partner visa online application

A partner visa online application is valid only if it meets every requirement in the relevant item of Schedule 1 to the Migration Regulations 1994. Validity is not the same as eligibility. An invalid application is not an application at all, so it cannot be assessed, it does not attract a bridging visa, and it gives no review rights.

The Schedule 1 items for the partner visas are:

• Item 1214C for the Subclass 820 visa (Partner (Temporary) (Class UK)).
• Item 1124B for the Subclass 801 visa (Partner (Residence) (Class BS)).
• Item 1220A for the Subclass 309 visa (Partner (Provisional) (Class UF)).
• Item 1129 for the Subclass 100 visa (Partner (Migrant) (Class BC)).
• Item 1215 for the Subclass 300 visa (Prospective Marriage (Temporary) (Class TO)).

The three core requirements

Each item sets out three core requirements for a partner visa online application:

• The form. The application must be made on the specified form, which is the online form unless the Department has authorised the paper form in writing.
• The charge. The visa application charge must be paid. Subitem 1214C(2) prescribes a nil charge for the Subclass 820 visa, but because the Subclass 820 application must be made with the Subclass 801 application, the Subclass 801 charge must be paid when the combined application is made. The same structure applies to the Subclass 309 and Subclass 100 visas.
• The place. The applicant must be in the right place. For the Subclass 820 and Subclass 801 visas, the applicant must be in Australia, but not in immigration clearance. For the Subclass 309, Subclass 100 and Subclass 300 visas, the applicant must be outside Australia.

Additional validity rules for onshore applicants

Some onshore applicants face further validity rules in Schedule 1. These rules are checked before a partner visa online application is lodged, because failing them means the application is invalid:

• Regional visa holders. Under paragraphs 1214C(3)(g) and (h), a person who holds, or whose last substantive visa was, certain skilled regional visas must have held that visa for a minimum period before they can validly apply for a Subclass 820 visa. The period is two years for some older regional visas and three years for the Subclass 491 and Subclass 494 visas.
• Recent partner visa refusal. Under paragraph 1124B(3)(d), a person who holds a Subclass 820 or Subclass 309 visa must not have had a spouse or partner visa refused in the 21 days immediately before making a new application.
• Section 48 applicants. Under paragraph 1124B(3)(e), a person to whom section 48 of the Migration Act applies can still apply, but must not have had a partner visa refused since last entering Australia, must provide the completed sponsorship form at the same time as the application, and must provide two Form 888 declarations from Australian citizens, permanent residents or eligible New Zealand citizens, each made no more than 6 weeks before the application.

Section 48 generally applies to a person in Australia who does not hold a substantive visa and who has had a visa refused or cancelled since last entering Australia. If that describes you, the partner visa online application must be prepared with these extra items ready on the day of lodgement. Our article on a partner visa after a visa refusal explains the position, and our guide to Form 888 for partner visas explains who can make one.

Creating an ImmiAccount for the partner visa online application

You need an ImmiAccount before you can start a partner visa online application. ImmiAccount is free, and it is where the application is drafted, saved, paid for and lodged. After lodgement it is also where you attach further documents and receive correspondence. Our step by step guide on how to create an ImmiAccount explains the account setup.

A few points matter for partner visas in particular:

• The applicant and the sponsor need their own accounts. The sponsor completes the sponsorship form in their own ImmiAccount. Sharing one login between partners causes confusion about who made which declaration.
• Use an email address you will keep. The Department's preferred and fastest way to contact applicants is email. If the application says you agree to email communication, letters, requests and decisions will be sent to that address.
• Keep the login secure. Your ImmiAccount holds your passport details, relationship history and financial information.
• Representatives use their own accounts. If a lawyer prepares and lodges the partner visa online application for you, it is usually lodged through the lawyer's ImmiAccount and linked to the representative's appointment on Form 956. Our guide to Form 956 and Form 956A explains how a representative is appointed.

The order of steps in a partner visa online application

The partner visa online application follows a fixed order, and the most common lodgement errors happen when couples do these steps out of sequence. In summary, the steps are:

• Check validity before you start. Confirm which stream applies, where the applicant must be, and whether any condition 8503, section 48, Schedule 3 or regional visa issue affects the application.
• Prepare the evidence first. Gather identity documents, relationship evidence, the relationship statement and Form 888 declarations before opening the form.
• Create or log in to ImmiAccount. Start a new application and select the partner stream.
• Complete each page of the form. The form can be saved at any page and finished later.
• Review the declarations and the summary page. Correct errors before you submit.
• Submit and pay the visa application charge. The application is not made until the charge is paid.
• Record the Transaction Reference Number. Save the TRN, the payment receipt and the application summary.
• Attach documents. Upload documents against the correct categories after submission.
• The sponsor completes the sponsorship form. The sponsor lodges the online sponsorship in their own ImmiAccount, following the Department's current instructions.
• Watch for the acknowledgement and the bridging visa. Onshore applicants should check that a bridging visa has been granted.
• Respond to requests. Arrange health examinations, police certificates and biometrics when asked, and answer any request for more information on time.

The sections below explain each of these steps in more detail. The process is the same in principle for onshore and offshore applicants, but the timing consequences of an onshore partner visa online application are much greater, because lodgement status decides the bridging visa and whether Schedule 3 applies.

What each page of the partner visa online application asks

The partner visa online application asks for detailed information about the applicant, the sponsor, the relationship, every member of the family unit, and the applicant's immigration, character and health history. Every answer becomes part of the evidence. The Department compares the answers with the documents, with Form 80 or other forms where they are requested, and with its own records. An answer that is wrong at lodgement can later be treated as incorrect information.

The exact page order can change when the Department updates ImmiAccount, but a partner visa online application generally covers the following areas.

Application context

The first pages ask where the applicant is, which stream applies and whether the applicant is married, in a de facto relationship or intending to marry. They also ask whether the applicant has held a Bridging visa E and whether anyone in the application is in immigration detention. These answers shape the rest of the form. Selecting the wrong stream at this point is the most serious error in a partner visa online application, because the location rules for each stream are validity requirements.

Applicant details and passport

The form asks for the applicant's full name exactly as it appears in the passport, other names used, date and place of birth, citizenship, passport details and national identity documents. Names and dates must match the passport. Where the applicant has changed name, for example after marriage, the form asks for previous names, and evidence of the change should be attached.

Contact details and authorised recipient

The form asks for a residential address, a postal address, phone numbers and an email address. It also asks whether the applicant agrees to receive communication by email and whether someone else, such as a lawyer, should receive correspondence. These answers decide where the Department sends letters, including requests for information and decisions. Keeping them up to date is a legal obligation after lodgement.

The relationship

The partner visa online application asks when and how the couple met, when the relationship became committed, when they started living together, whether they have lived apart, and the date and place of marriage or registration where relevant. These dates should be consistent with the relationship statement and the documents. Inconsistent dates across the form, the statement and the evidence are a frequent source of requests for further information. Our guide to the partner visa relationship statement explains how to prepare it, and our article on partner visa relationship evidence explains how the Department assesses the four aspects of the relationship: the financial aspects, the nature of the household, the social aspects and the nature of the commitment.

The sponsor

The form asks for the sponsor's name, date of birth, citizenship or residence status and contact details. The sponsor's full sponsorship information is then provided separately on the online sponsorship form, which is explained below.

Immigration history

The form asks about previous visas to Australia, previous visa refusals or cancellations, and the applicant's current visa if they are in Australia. Onshore applicants should take particular care here. The visa held on the day of lodgement, its conditions and its expiry date affect the bridging visa and whether Schedule 3 applies.

Employment, education and travel

The form asks about the applicant's employment history, education and travel. Gaps should be explained rather than left blank.

Health and character

The partner visa online application asks a series of health and character questions for every person included in the application and every non-migrating member of the family unit. The questions cover medical conditions, criminal history, military service and other matters relevant to the public interest criteria in Schedule 4. Questions must be answered truthfully even if the answer is uncomfortable. A false or misleading answer can engage public interest criterion 4020, which can lead to refusal and to a period during which further visas may be refused.

Declarations

The final pages ask the applicant to confirm a series of declarations, including that the information given is complete, correct and up to date, and that the applicant understands the consequences of giving false or misleading information. These declarations are not a formality. They are the applicant's confirmation that every answer in the partner visa online application is true.

Including family members in the partner visa online application

Family members who are applying with the main applicant must be included in the partner visa online application at the time it is made, unless a specific rule allows them to be added later. Schedule 1 allows a member of the family unit to make a combined application at the same time and place as the main applicant. For the onshore stream, paragraph 1214C(3)(f) allows a dependent child of the applicant to combine their application with the main application.

Adding a child after lodgement

The Migration Regulations allow some children to be added after a partner visa online application has been lodged, provided the application is still undecided:

• Newborn children. Under regulation 2.08, a child born after the application is made and before it is decided is taken to have applied by operation of law, unless the child became an Australian citizen at birth, which will often be the case where a parent is an Australian citizen or permanent resident.
• Dependent children. Under regulation 2.08B, a dependent child can be added at the applicant's written request, if the requirements of that regulation are met. The Department's policy notes that this can be done by attaching Form 1436, "Adding an additional applicant after lodgement", in ImmiAccount.

Members of the family unit other than dependent children generally cannot be added to the permanent stage after lodgement. That is why the family composition in the partner visa online application should be settled before it is submitted.

Family members who are not applying

Non-migrating members of the family unit must still be declared. Under the Subclass 820 criteria, for example, each member of the family unit who is not an applicant must generally satisfy health and character public interest criteria, and the health criterion applies unless the Department is satisfied that it would be unreasonable to require the assessment. Leaving a child or other family member off the partner visa online application because they are not migrating is a common and serious error.

Children of the sponsor

Where any applicant is under 18, the Department's policy requires the sponsor to provide police checks, because sponsorship can be refused for sponsors with certain convictions or charges under regulation 1.20KB. This should be prepared before lodgement so that the sponsorship can be assessed without delay.

The sponsorship step: how the sponsor completes their part

The sponsor completes a separate online form called "Sponsorship for a Partner to Migrate to Australia (300, 309/100, 820/801)" in the sponsor's own ImmiAccount. The Department's sponsorship form guidance states that a person sponsoring a partner, including a spouse, de facto partner or fiancé, uses ImmiAccount to lodge an online sponsorship application. The sponsorship is part of the partner visa online application process, but it is not lodged by the applicant.

Is the sponsorship a validity requirement?

No, for most applicants. The Department's policy for each partner visa states that the sponsorship form is not prescribed under Schedule 1, so a valid partner visa online application can be made without the completed sponsorship. The important exception is an applicant to whom section 48 of the Migration Act applies. Paragraph 1124B(3)(e) requires that applicant to provide the completed sponsorship form at the same time and place as making the application. For section 48 applicants, the sponsorship must therefore be completed and submitted with the partner visa online application, not afterwards.

When the sponsorship must be approved

For every applicant, the sponsorship must be approved and still in force when the visa is decided. Subclause 820.221(4) and the equivalent Subclass 309 criterion require this. A partner visa online application with no approved sponsorship cannot be granted. In the usual process, the sponsor completes the online sponsorship after the applicant has lodged, using the details of the lodged application and following the Department's instructions at the time. The Department's current website instructions explain exactly when and how the sponsor submits, and those instructions should be checked on the day, because the online process can change.

What the sponsorship asks

The sponsorship asks for the sponsor's identity, citizenship or residence evidence, relationship history, previous sponsorships, and character information. The sponsor must also consent to the Department disclosing certain convictions to the applicant. Form 888 declarations supporting the relationship are made by other Australian citizens, permanent residents or eligible New Zealand citizens who know the couple, not by the sponsor. Our Form 888 examples guide explains what a useful Form 888 contains.

Sponsorship limitations

Some sponsors are limited or barred. Regulation 1.20J limits how many partners a person can sponsor and how soon after a previous sponsorship. Regulations 1.20KB and 1.20KC allow sponsorship to be refused for sponsors with certain convictions or charges. These limits should be assessed before the partner visa online application is lodged, not after. Our guide to when a sponsor cannot sponsor a partner visa explains the rules, and our sponsorship limitations service page explains how we act where a limitation applies.

Paying for a partner visa online application

The visa application charge is paid at the end of the partner visa online application, and the application is not made until the charge has been paid. Payment of the charge is a Schedule 1 validity requirement. A form that has been completed and saved, but not paid for, is a draft only. It is not an application, it does not attract a bridging visa and it does not stop time running under Schedule 3 or a visa expiry date.

One charge for the combined application

There is one charge for the combined application. The Department's policy for the Subclass 801 visa states that the first instalment of the charge for the Subclass 801 visa is the only charge payable for the combined Subclass 820 and Subclass 801 application, and the Subclass 820 visa itself carries a nil charge. The same applies to the offshore combined application, where the Subclass 100 charge is the only charge for the combined Subclass 309 and Subclass 100 application. Additional applicants, such as dependent children, add to the amount payable.

How to pay

The online payment page shows the methods currently accepted, which include card payment. The Department may apply a surcharge to some payment methods, and the amount charged to the card can therefore be more than the base charge. The current charges change from time to time, usually on 1 July. Our article on how much a Subclass 820 partner visa costs explains every charge in the process, and the Department's fee estimator should be checked on the day of lodgement.

Before paying, check the card limit. A partner visa charge is a significant amount, and a declined payment is a common reason why a partner visa online application is not lodged on the day the couple intended. Where the applicant's visa is about to expire, a declined payment can have serious consequences.

What payment does not do

Paying the charge does not mean the application is valid in every respect. If the applicant was in the wrong place, was barred by condition 8503 or failed another Schedule 1 requirement, the partner visa online application can still be invalid even though the charge was paid. Refunds of the charge are only available in limited circumstances.

The Transaction Reference Number and the acknowledgement

Every partner visa online application has a Transaction Reference Number, known as the TRN, which identifies the application in ImmiAccount and in the Department's systems. The TRN is created when the application is started and stays with it after lodgement. Keep it with your records, because you will need it to identify the application, to make enquiries and, in the usual process, for the sponsor to link the sponsorship to the application.

After lodgement, save the following for your own records:

• The TRN.
• The payment receipt, which shows the date of payment and the amount charged.
• A PDF of the submitted application, which ImmiAccount allows you to view and print.
• Every grant notice, acknowledgement and letter the Department sends.

The acknowledgement of receipt

The Department sends an acknowledgement after the application is received. The acknowledgement confirms that the Department holds the application and usually sets out the next steps, such as health examinations, police certificates or biometrics. Read it carefully. If the Department asks for something by a date, put the date in your calendar that day.

The acknowledgement is not a decision that the partner visa online application is valid in every respect. The Department can still find, later, that a Schedule 1 requirement was not met.

Responding to requests

After lodgement, the Department may ask for more information under section 56 of the Migration Act. Requests are sent to the email or address in the application and to ImmiAccount. Our guide to responding to a section 56 request for more information explains how to respond. If the Department proposes to rely on adverse information, it may invite comment in a natural justice letter, and our article on the section 57 natural justice letter for a partner visa explains how to respond. If your circumstances change after lodgement, our guide to Form 1022 for a change of circumstances explains when the Department must be told.

The bridging visa after an onshore partner visa online application

An onshore partner visa online application is also an application for a bridging visa, so most onshore applicants do not complete a separate bridging visa form. The Department's policy states that where a bridging visa application is made at the same time and on the same form as the substantive visa application, the bridging visa should be decided as soon as the substantive application is found to be valid. The bridging visa keeps the applicant lawful in Australia while the partner visa is processed.

Which bridging visa you receive

The bridging visa granted depends on the applicant's status on the day the partner visa online application is made:

• Holding a substantive visa. An applicant who holds a substantive visa, such as a visitor, student or working holiday visa, is generally granted a Bridging visa A. For Subclass 820 and Subclass 801 applicants, the Bridging visa A is granted with no conditions under paragraph 010.611(1)(c) and the related legislative instrument.
• Not holding a substantive visa. An applicant who does not hold a substantive visa, for example because their visa has expired or they hold only a bridging visa from an earlier application, will generally receive a Bridging visa C rather than a Bridging visa A, and that visa carries condition 8101 (no work).
• Holding or having held a Bridging visa E. An applicant who holds a Bridging visa E, or has held one since their last substantive visa, cannot be granted a Bridging visa C and may need a further Bridging visa E.

When the bridging visa comes into effect

A Bridging visa A granted with a partner visa online application generally does not come into effect until the applicant's current substantive visa ceases. Until then, the old visa and its conditions continue to apply. Check VEVO and the grant notice to see which visa is in effect. Our guides to the Bridging visa A, the Bridging visa B and bridging visas in Australia explain the classes, and our article on work rights while waiting for a Subclass 820 visa explains what the applicant can do while the application is processed.

Offshore applicants

Offshore applicants do not receive a bridging visa, because they are outside Australia. An offshore applicant who wishes to visit Australia while the Subclass 309 application is processed must apply for a separate visa, such as a visitor visa, and must be outside Australia when the Subclass 309 visa is granted unless a specific concession applies.

Attaching documents to a partner visa online application

Documents are attached in ImmiAccount against document categories that the partner visa online application lists for each person in the application. The online form tells you which documents to attach and whether to attach them before or after you submit. The Department's guidance states that documents should not be emailed to the Department, that documents cannot be attached to an application that has been finalised, and that applicants will not be able to access their supporting documents from ImmiAccount after uploading, so they should keep their own copies.

Document categories

A partner visa online application usually asks for documents in categories such as:

• Identity: passport, birth certificate, national identity card and evidence of any change of name.
• Relationship: marriage certificate or relationship registration, the relationship statement, Form 888 declarations, and evidence of the financial aspects, the nature of the household, the social aspects and the nature of the commitment.
• Sponsor: evidence of Australian citizenship, permanent residence or eligible New Zealand citizenship.
• Character: police certificates and, where requested, Form 80. Our Form 80 guide explains how to complete it without errors.
• Previous relationships: divorce or death certificates where either partner was previously married.
• Children: birth certificates, custody documents and consent where a child is included.

Our partner visa document checklist and our 820 partner visa evidence checklist set out the documents in detail, and our guide to preparing evidence of a genuine relationship explains how to organise them.

File types, size and naming

ImmiAccount accepts common document and image file types, and it sets limits on file size and on the number of attachments. The limits are shown in ImmiAccount when you attach. Practical rules that help every partner visa online application:

• Scan in colour, at a resolution where every word and stamp can be read.
• Combine the pages of one document into one file rather than uploading each page separately.
• Use a short, clear description, for example "Joint lease 2025 to 2026" rather than "scan001".
• Group relationship evidence by aspect and in date order, so the case officer can follow the history.
• Attach every document against the correct person and the correct category.

Certified copies and translations

The Department generally accepts clear colour scans of original documents in an online application. Where the Department requires a certified copy, it will say so. Documents not in English must be accompanied by an English translation. The Department's guidance states that if the translation is made in Australia, it should include the translator's National Accreditation Authority for Translators and Interpreters practitioner number, and if it is made outside Australia, it should include the translator's full name, address, phone number and qualifications. Attach the original language document and the translation together.

Schedule 3 and condition 8503: timing traps for an onshore partner visa online application

The timing of an onshore partner visa online application can decide whether the application is valid, whether Schedule 3 applies and which bridging visa is granted. These issues must be checked before lodgement, because they cannot be fixed afterwards.

Condition 8503 (no further stay)

Condition 8503 prevents the holder of a visa, while in Australia, from making a valid application for most substantive visas, including a partner visa. A partner visa online application made while condition 8503 applies and has not been waived is not valid. The Department's policy states that the condition continues to apply while the person remains in Australia, even after the visa to which it was attached has ceased, unless it is waived. If a waiver is granted, the date of application is the date the condition is waived, provided the other Schedule 1 requirements are met. A waiver request is made on Form 1447, and lodging a request does not, by itself, keep a person lawful if their visa expires. Our article on condition 8503 and the Subclass 820 visa explains the waiver test, and our guide to moving from a tourist visa to a partner visa in Australia explains what visitors should check first.

Schedule 3: lodging without a substantive visa

An applicant who does not hold a substantive visa when the partner visa online application is made must satisfy Schedule 3 criteria 3001, 3003 and 3004 under subparagraph 820.211(2)(d)(ii), unless the Department is satisfied that there are compelling reasons not to apply them. Criterion 3001 sets a 28 day time limit. Department policy explains that the first of the 28 days is the day after the applicant last held a substantive visa, and that the application must be lodged on or before midnight on the 28th day, with an extension where the 28th day is a weekend or a public or bank holiday.

Schedule 3 does not stop a valid partner visa online application being made. It is a criterion for grant. If it is not met and no compelling reasons are found, the visa will be refused. The Department's policy also states that a genuine relationship and the hardship of separation are generally not, by themselves, compelling reasons, although an Australian citizen child with a demonstrable link to the applicant may support a waiver in the best interests of the child.

Tribunal decisions recorded in our partner visa review database show how these issues arise. In Harpreet Singh (Migration) [2019] AATA 5689, a Subclass 820 matter remitted after a Federal Circuit Court decision, the issue was Schedule 3, with the application lodged outside the relevant timeframe and the question being whether compelling reasons for a waiver existed. In Sandhu (Migration) [2018] AATA 1483, a Subclass 820 matter, the issue was whether compelling reasons existed for not applying the Schedule 3 criteria, including the length of the relationship and the difficulty of relocating offshore while the application was processed. Both decisions show that the date of lodgement is a legal question, not an administrative detail. Our guides to the Schedule 3 criteria for a partner visa and the Schedule 3 partner visa waiver explain the test, and our Schedule 3 waiver service acts in these matters.

Lodging before the visa expires

The safest onshore partner visa online application is one lodged, paid for and confirmed while the applicant still holds a substantive visa, and while no condition 8503 bars the application. A delay of one day after the visa expires can mean Schedule 3 applies, a Bridging visa C with condition 8101 instead of a Bridging visa A with no conditions, and a harder application overall. Where a visa is about to expire, our guide to urgent immigration lawyer advice explains what to prepare.

What to do if a partner visa online application fails or times out

If a partner visa online application fails, freezes or times out, first establish whether it was lodged and whether payment was taken, before doing anything else. Paying a second time or starting a new application can create a duplicate application and a second charge.

Check the status in ImmiAccount

Log in to ImmiAccount and look at the application list. A lodged application shows as submitted, with the TRN and a payment record. An application that was saved but not paid shows as incomplete. ImmiAccount allows the form to be saved at any page and resumed later, so an unfinished form is usually still there.

If payment was taken but the status is unclear

Check your bank or card statement and your email. If the card was charged but ImmiAccount does not show the application as submitted, do not pay again until the position is clear. Record the time and date, take screenshots and use the Department's technical support channels for ImmiAccount. The Department's guidance notes that the ImmiAccount front page shows information about planned and unplanned system outages.

If the deadline is close

Where the applicant's visa is about to expire, a technical failure is a real risk. If a partner visa online application is not lodged before the visa ceases, the applicant may lose eligibility for a Bridging visa A and may face Schedule 3. Never leave lodgement to the last day. Prepare and lodge early, so that a failed session, a declined card or an outage can be resolved while the applicant still holds a visa.

Common partner visa online application errors

The most common partner visa online application errors are errors of validity and timing, not of form filling. The errors we see most often when reviewing applications are:

• Lodging the onshore stream while the applicant is outside Australia, or the offshore stream while the applicant is in Australia.
• Lodging while condition 8503 applies and has not been waived.
• Lodging after the substantive visa has expired, without considering Schedule 3 and the bridging visa consequences.
• Leaving a draft unpaid and assuming the application has been made.
• Omitting a child, a former spouse's details or a non-migrating family member.
• Giving relationship dates that do not match the relationship statement and the evidence.
• Answering character or health questions inaccurately.
• Section 48 applicants lodging without the sponsorship form and the two Form 888 declarations at the same time.
• The sponsor never completing the online sponsorship.
• Uploading unreadable scans or documents in the wrong category.
• Failing to update contact details after lodgement and missing a request.

Each of these can lead to delay, invalidity or refusal. Our guides to why Subclass 820 partner visas are refused and why partner visas get refused explain the issues that cause trouble later. If an application has already been refused, our partner visa refusals service, our guide to partner visa refused appeal options and our article on what to expect at an ART review explain the next steps. Review deadlines are short and strictly applied.

After the partner visa online application is lodged

After lodgement, the partner visa online application moves into processing. Keep your contact details current, respond to every request on time, and tell the Department about changes in circumstances. If the relationship ends, different rules apply, and our article on what happens if the relationship breaks down during a Subclass 820 application explains them. Where family violence is involved, our family violence partner visa lawyers act in those matters.

For the permanent stage, the Department's policy states that it sends a reminder email about 22 months after the combined Subclass 820 and Subclass 801 application was made, inviting the applicant to upload information for the Subclass 801 assessment through ImmiAccount. No new application is lodged at that point. Our guides to how long the onshore partner visa takes and Subclass 820 processing times explain the wait, and our Subclass 820 partner visa guide and 820 visa guide to requirements and documents cover the requirements at each stage.

If you lodged the application yourself and now want help, our article on hiring an immigration lawyer after visa lodgement explains how a lawyer can step in, and our article on a second opinion from an immigration lawyer explains what a review of your file involves. If you are deciding whether to lodge with help at all, see our factual comparison of a partner visa lawyer and doing it yourself, our guide to when you need an immigration lawyer for a partner visa, our guide to choosing a partner visa lawyer in Australia and our comparison of a partner visa migration agent or lawyer.

Where My Migration Lawyers acts on partner visa applications

My Migration Lawyers prepares and lodges partner visa applications for couples across Australia and overseas, with consultations by video. Couples can find our local partner visa pages for Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Where a partner visa sits alongside other visa issues, our general immigration pages for Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta explain our wider practice, including visa refusals and visa cancellations. Couples comparing representatives may find our guides on how to choose a partner visa lawyer in Australia, in Sydney and in Melbourne useful. More of our partner visa writing is on the My Migration Lawyers blog, and our immigration lawyers Australia home page lists all our practice areas.

How My Migration Lawyers prepares and lodges your partner visa online application

My Migration Lawyers prepares and lodges partner visa online applications in many matters, onshore and offshore, and many of them are complex. They include applicants whose visa is about to expire, applicants with condition 8503, applicants without a substantive visa who must address Schedule 3, applicants affected by section 48, sponsors with a previous sponsorship, couples with children from earlier relationships, and couples whose documents come from several countries and languages. The firm deals with complex cases as a regular part of its partner visa practice and is capable of handling them.

Before any partner visa online application is lodged, the firm checks validity: which stream applies, where the applicant must be on the day, the current visa and its conditions, any section 48 issue, any regional visa restriction and any recent refusal. Where timing matters, the firm plans the lodgement date around the applicant's visa expiry so that the application is made while the applicant still holds a substantive visa wherever that is possible.

The firm then works with the couple to prepare the application. It drafts the online form from the couple's own information, checks every date against the relationship statement and the documents, confirms the family composition, and organises the couple's own evidence into the categories ImmiAccount uses, presenting it in the form the law requires. It guides the sponsor through the online sponsorship so that it is completed and linked correctly. It reviews the declarations with the couple before submission, lodges the partner visa online application, confirms payment and records the TRN, and checks that the bridging visa has been granted and when it comes into effect. After lodgement, it attaches further documents, handles health, police and biometric requests, and responds to any request for more information.

Our work is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers, see our partner visa lawyers page or send us a message through our contact page.

If you are about to start a partner visa online application, or your visa is close to expiry, get the validity and timing checked before you pay. Book a consultation or call 1300 040 300.