Partner Visa Overseas Travel

Partner visa overseas travel is allowed while your application is processing, but it is never a simple matter of booking a flight. Whether partner visa overseas travel is safe depends on where you lodged your application, which visa you hold today, and whether you will be in the right place when the Department decides your case. For onshore applicants, a trip taken on the wrong visa can end the bridging visa that keeps them lawful. For offshore applicants, being in the wrong country at the wrong time can delay or prevent a grant.

This guide explains partner visa overseas travel for couples whose application is still being processed. It covers onshore applicants for the Subclass 820 and Subclass 801 partner visa, offshore applicants for the Subclass 309 and Subclass 100 partner visa, the Bridging visa B, what happens when an applicant returns on another visa, where the applicant must be at the time of grant, and how travel affects relationship evidence. It does not deal with travel after a refusal, which raises different issues. For an overview of every stage of the process, see our complete guide to partner visas in Australia. If your travel plans are already urgent, our partner visa lawyers can check your position before you leave.

Partner visa overseas travel: the short answer

Yes, you can travel overseas while your partner visa is processing, provided you hold a visa that lets you return to Australia and you will be in the place the law requires when the visa is granted. For partner visa overseas travel, the short rules are these:

• An onshore applicant whose Bridging visa A is in effect must obtain a Bridging visa B before leaving. Leaving on a Bridging visa A ends it.
• An onshore applicant on a Bridging visa C or Bridging visa E cannot obtain a Bridging visa B. If they leave, they have no bridging visa to return on.
• An onshore applicant must be in Australia, and not in immigration clearance, when the Subclass 820 visa is granted.
• An offshore Subclass 309 applicant must generally be outside Australia when the Subclass 309 visa is granted.
• A person who already holds the Subclass 820 or Subclass 309 visa can travel to and enter Australia until the permanent stage is decided.

Each of these rules has exceptions and practical traps. The rest of this guide explains them in order, because partner visa overseas travel mistakes are expensive to fix and some cannot be fixed at all.

Why partner visa overseas travel depends on where you applied

On the question of partner visa overseas travel, the most important fact is whether you applied in Australia or outside Australia. The onshore and offshore pathways have opposite location rules.

An onshore applicant lodges a combined Subclass 820 and Subclass 801 application while in Australia. The Department's policy confirms that every Subclass 820 applicant must be in Australia, but not in immigration clearance, at the time of application. The applicant then usually stays in Australia on a bridging visa while the application is processed. Our guide to the Subclass 820 visa explains the onshore pathway in detail.

An offshore applicant lodges a combined Subclass 309 and Subclass 100 application while outside Australia. There is no bridging visa, because the applicant is not in Australia relying on one. The offshore applicant may visit Australia on a separate visa during processing, but must generally leave before the Subclass 309 visa can be granted.

So partner visa overseas travel means two different things. For an onshore applicant, it means leaving Australia and coming back without losing lawful status. For an offshore applicant, it means visiting Australia and being outside Australia again when the decision is made. Couples who have not yet decided which pathway to use should read about the differences between the Subclass 820 and Subclass 801 stages and consider their travel plans before choosing.

What happens to a Bridging visa A when you leave Australia?

A Bridging visa A that is in effect ceases when the holder leaves Australia. This rule is in subsection 82(8) of the Migration Act 1958. It is the single most important rule in onshore partner visa overseas travel.

A Bridging visa A is a visa to remain in Australia. It is not a visa to travel. When an onshore applicant boards a flight while their Bridging visa A is in effect, the Bridging visa A stops being in effect at that moment. The Department's policy adds that a Bridging visa A that ceases this way cannot be brought back into effect later. The person cannot simply return and pick up where they left off.

The partner visa application itself does not end because the applicant leaves. It remains on foot. But the applicant now has no visa that allows them to re-enter Australia. They must obtain some other visa to come back, and the visa they obtain will decide their conditions on return.

Why this rule catches so many applicants

Many applicants assume that a pending partner visa application gives them a general right to come and go. It does not. The right to travel comes from the visa held, not from the application. Partner visa overseas travel for an onshore applicant must therefore be planned around the Bridging visa B, which is the visa designed for this purpose. Our guide to bridging visas in Australia explains how the Bridging visa A, Bridging visa B, Bridging visa C and Bridging visa E fit together.

The Bridging visa A is still important after you return

If you return on a Bridging visa B, your work rights and lawful status continue. A Bridging visa B granted to an onshore Subclass 820 and Subclass 801 applicant carries no conditions, in the same way as the Bridging visa A. Our article on working while you wait for a Subclass 820 visa explains how those conditions work while you wait.

How to get a Bridging visa B before partner visa overseas travel

A Bridging visa B lets an onshore partner visa applicant leave Australia and return during a set period while the application is processed. It must be applied for and granted before you leave. For onshore partner visa overseas travel, it is the visa that protects your position.

Who can apply for a Bridging visa B

The Department's Form 1006 and policy set out the main requirements. The applicant must:

• hold a Bridging visa A or Bridging visa B;
• be in Australia when applying;
• have made a valid partner visa application that has not been finally determined;
• wish to leave and re-enter Australia during the processing of that application;
• have substantial reasons for wishing to leave and re-enter Australia; and
• be a person whose return to Australia would not be contrary to the public interest.

The Bridging visa B applicant must also satisfy public interest criterion 4021, which is the passport requirement. In practice this means holding a valid passport. Family members who are part of the application and who also want to travel must be included in the Bridging visa B application.

Subclause 020.212(4) of Schedule 2 to the Migration Regulations 1994 deals specifically with holders of a Bridging visa A or Bridging visa B who have made a valid application for a Partner (Migrant) (Class BC) visa, which is the Subclass 801, that has not been finally determined. That is the provision that usually applies to partner visa overseas travel by an onshore applicant.

What counts as substantial reasons to travel

The migration legislation does not define "substantial". The Department's policy gives it its ordinary meaning: real, actual, important and of real worth or value. The decision maker must be satisfied that the reason is both important and genuine.

As a matter of policy, substantial reasons include travel associated with:

• the applicant's employment, business or education, such as conferences, business meetings or academic work;
• the applicant's family, relatives or other important people, such as visiting a seriously ill family member, attending a wedding or other culturally important event, or attending a funeral; and
• the partner visa application itself, such as obtaining documents needed for the application or resolving custody issues for a family member.

The policy also recognises that a person may travel for personal reasons, including a holiday, where processing of the substantive application has been protracted. Decision makers are told to check processing records and published processing times when assessing a claim of that kind. Our article on Subclass 820 processing times explains how those published times work, and our guide to how long the onshore partner visa takes covers the factors that affect individual cases.

Evidence for a Bridging visa B application

Evidence of the reason for partner visa overseas travel strengthens the Bridging visa B application. Depending on the reason, useful evidence can include:

• a letter from a doctor or hospital about a family member's illness;
• a wedding invitation or event details;
• a death notice or funeral details;
• a letter from an employer or conference organiser; and
• an outline of the intended departure and return dates.

The Department's policy accepts that evidence is not always available in time. If a person must travel at short notice, for example for a funeral, the decision maker is told to use judgment on the information available and decide whether there is a genuine need to travel. Evidence is still helpful wherever it can be obtained.

How and when to apply

The Bridging visa B is applied for on Form 1006, or online through ImmiAccount where that option is available. Our guide to creating an ImmiAccount explains the account setup. The application should be made well before the planned departure, because the Bridging visa B must be granted before you leave. A person who departs while the Bridging visa B application is still pending, holding only a Bridging visa A in effect, will lose the Bridging visa A on departure.

Any further information the Department asks for should be provided promptly. Our guide to responding to a section 56 request explains how those requests work.

The travel facility period and partner visa overseas travel

Every Bridging visa B has a travel facility period, which is the period during which the holder can travel to and enter Australia. Partner visa overseas travel on a Bridging visa B must be completed, including the return flight, inside that period.

Division 020.5 of Schedule 2 allows the decision maker either to specify a date until which the holder can travel, or to specify no date, in which case the holder can travel until a relevant cessation event occurs. The Department's policy says that, unless there is a good reason in a particular case, decision makers should not specify a date. In practice, however, many Bridging visa B grants carry a fixed travel facility end date, and the policy says the requested period should be consistent with the person's circumstances and should not exceed the expected remaining processing time.

There is no extension

The Department's policy states that there is no provision to extend the travel facility period of a Bridging visa B once it has been granted. If the return date changes, the holder cannot ask for more time while overseas.

What happens if you are late

Two cessation rules in section 82 of the Migration Act apply:

• If the holder is outside Australia when the travel facility period ends, the Bridging visa B ceases under subsection 82(5).
• If the travel facility period has ended and the holder then leaves Australia, the Bridging visa B ceases under subsection 82(6).

The second rule matters for people who travel more than once. A Bridging visa B that was used for one trip may still be in effect in Australia, but if its travel facility period has ended, leaving on it will end it. A fresh Bridging visa B is needed before each trip that falls outside the travel facility period. Partner visa overseas travel should always be checked against the travel facility end date shown on the grant notice and on VEVO.

The grant of a Bridging visa B affects the Bridging visa A

When a Bridging visa B is granted for the same application, the earlier Bridging visa A stops being in effect. The Bridging visa B then becomes the visa that governs your lawful stay, your work rights and your travel.

Travelling while you still hold your old substantive visa

An onshore applicant who still holds the substantive visa they had at lodgement, such as a student, working holiday or skilled visa, may be able to travel on that visa if it allows travel. This is because the Bridging visa A granted with the partner visa application does not come into effect until the substantive visa ceases. A Bridging visa A that is not yet in effect is not ended by departure in the same way.

This option carries a serious risk. The Department's policy warns that if the substantive visa ceases while the person is outside Australia, any bridging visa they hold also ceases at that time. A person whose student visa expires while they are overseas can therefore lose both the student visa and the Bridging visa A, and have no visa to return on. Partner visa overseas travel on a substantive visa should only happen when the return date is comfortably before that visa's expiry, and the person should consider applying for a Bridging visa B as well.

Some visas held at lodgement also carry their own travel restrictions or conditions. Visitors who lodged onshore should read our guide to moving from a tourist visa to a partner visa in Australia, and those whose visitor visa carried a no further stay condition should read our article on condition 8503 and the Subclass 820 visa.

Can Bridging visa C and Bridging visa E holders travel overseas?

No. A partner visa applicant who holds a Bridging visa C or Bridging visa E cannot be granted a Bridging visa B, so partner visa overseas travel on either of those visas has no protected way back. A Bridging visa B can only be granted to a person who holds a Bridging visa A or Bridging visa B. That requirement is set out in the Bridging visa B criteria and repeated on Form 1006.

If a Bridging visa C or Bridging visa E holder leaves Australia, that bridging visa ceases once it is in effect and the holder departs. The person then needs a different visa to return. They may not be able to obtain one at all, and if they do, it may carry conditions that cause new problems.

Why some applicants hold a Bridging visa C or Bridging visa E

Applicants usually hold a Bridging visa C because they did not hold a substantive visa when they lodged the partner visa application. Applicants usually hold a Bridging visa E because they became unlawful, or held a Bridging visa E, before or after lodging. Both groups often face the Schedule 3 criteria for applicants without a substantive visa. For these applicants, partner visa overseas travel is not a routine matter. It can put the whole application at risk.

When travel may still be considered

There are cases where a Bridging visa C or Bridging visa E holder has a pressing reason to leave, such as the death or serious illness of a parent. The decision is a serious one. The applicant must consider how they would return, which visa they could realistically obtain, whether that visa could be refused, and what would happen to the partner visa application if they could not return before it is decided. Applicants in this position should get advice before booking. Our Schedule 3 waiver service acts for applicants whose status makes partner visa overseas travel especially risky.

Returning to Australia after the Bridging visa B has ceased

If the Bridging visa B ceases while you are overseas, you need another visa to return to Australia, and that visa's conditions will apply to you while it is in effect. This is one of the hardest situations in partner visa overseas travel, and it usually arises from a delayed return or a missed travel facility end date.

Returning on a visitor visa

Many applicants in this position apply for a visitor visa, or an Electronic Travel Authority where they are eligible. A visitor visa is a separate application, assessed on its own criteria. The Department will consider whether the person genuinely intends a temporary visit. A pending partner visa application does not guarantee that a visitor visa will be granted.

If a visitor visa is granted, its conditions apply. Visitor visas commonly carry condition 8101, which prohibits work. Some may carry condition 8503, which prevents the holder from being granted most other visas while in Australia. A returning partner visa applicant on a visitor visa with condition 8101 cannot work while that visa is in effect, even though the partner visa application remains open.

Getting a further bridging visa after return

Once the visitor visa ceases, the applicant needs a further bridging visa for the partner visa application to remain lawful. The Department's policy on the Bridging visa C describes exactly this scenario: a person's previous bridging visa ceased because they left Australia, they returned on an Electronic Travel Authority, and they then need a replacement bridging visa once the Electronic Travel Authority ceases.

Which bridging visa is available depends on how the partner visa application was first lodged:

• An applicant who held a substantive visa when the partner visa application was made may be able to apply for a replacement Bridging visa A.
• An applicant who was originally granted a Bridging visa C may be able to apply for a replacement Bridging visa C under subclause 030.212(2A), using Form 1005.

Timing matters. The policy notes that a replacement Bridging visa C application made before the visa the person entered on has ceased cannot satisfy the criteria, because the applicant must not hold a substantive visa. The replacement bridging visa must be applied for at the right point, and before the person becomes unlawful. Our guide to bridging visas explains how replacement bridging visas fit in.

The risk of becoming unlawful

A person who stays in Australia after their visitor visa ceases, without a bridging visa in effect, becomes an unlawful non-citizen. An unlawful non-citizen is liable to detention. They may only be able to obtain a Bridging visa E, with its own conditions. Unlawful periods also form part of the person's immigration history and can affect later applications. This is why partner visa overseas travel should never end with a return on a visitor visa without a clear plan for the next bridging visa.

Partner visa overseas travel and Schedule 3: does a trip change anything?

For a partner visa application that has already been lodged, the Schedule 3 question is assessed by reference to the applicant's status at the time of application, so a later trip does not turn a lodged application into a Schedule 3 case. Paragraph 820.211(2)(d) applies Schedule 3 criteria 3001, 3003 and 3004 to an applicant who was not the holder of a substantive visa at the time of application.

That does not make partner visa overseas travel risk free for Schedule 3 purposes. There are three reasons:

• If the application is later refused and the applicant needs to lodge a new onshore partner visa application, their status at that new time of application will be assessed, and any period of unlawfulness after a return can bring Schedule 3 into play.
• An applicant who already had a Schedule 3 issue when they lodged still has it. Travel does not cure it. Our article on the Schedule 3 partner visa waiver explains what must be shown.
• Policy guidance tells decision makers that the Schedule 3 waiver provisions are not intended to advantage people who can leave Australia and apply offshore. An applicant relying on a waiver who travels overseas freely may find that history raised when the waiver is assessed.

Applicants who are relying on compelling reasons to waive Schedule 3 should treat any partner visa overseas travel as a matter for advice, not a routine trip.

Do you need to be in Australia when the Subclass 820 is granted?

Yes. Clause 820.411 requires the applicant to be in Australia, but not in immigration clearance, when the Subclass 820 visa is granted. If the applicant is outside Australia at the time of decision, the Subclass 820 visa cannot be granted.

This is the second major consequence of partner visa overseas travel for onshore applicants. Even a person with a valid Bridging visa B, travelling for an approved reason, can be overseas on the day the Department is ready to grant the visa.

Deferral of the decision

The Department's policy says that if clause 820.411 is not met because the applicant is outside Australia, the decision maker should generally proceed to refuse the visa. However, under section 54 of the Migration Act, decision makers have discretion to consider whether it is reasonable to defer the decision. If there is evidence that the absence is only temporary, it may be reasonable to defer the decision until the applicant returns, provided all other criteria are met.

The policy treats an absence of up to six months as generally reasonable, but describes that period as a guide only, not a rule. Circumstances that may justify a longer absence include:

• a serious medical condition of the applicant or an immediate family member;
• personal safety or security concerns, such as natural disaster or civil unrest;
• overseas employment of the applicant or the partner on a short-term contract or secondment; and
• an overseas training course, study or scholarship of the applicant or the partner.

The applicant may be asked for documents showing they cannot return in the short term.

Health and character checks may need to be repeated

The policy notes that deferring a decision can mean the applicant has to complete health and character checks again, because under policy those checks are valid for no more than 12 months. An extended period of partner visa overseas travel can therefore add time and cost to the application. Police certificates obtained for the application may need to be refreshed, and our guide to Form 80 explains the personal particulars form that often accompanies character checks.

If the applicant does not return by the agreed date

If the applicant does not return by the agreed date, the policy tells decision makers to advise the applicant in writing that the visa will be refused under clause 820.411 if they remain overseas. A refusal of that kind can be reviewed, but under subsection 347(3) of the Migration Act the applicant must be physically present in Australia to apply for review. To return after the refusal, the applicant must first obtain another visa. The policy also notes that an applicant who chooses to stay overseas may consider applying offshore for a Subclass 309 visa, which means a new application, new documents and a new application charge.

For partner visa overseas travel, the practical message is clear. Keep the Department informed of where you are and when you will return, respond to any contact quickly, and return within the time agreed. If a refusal does arrive, our guide to partner visa refused appeal options and our partner visa refusals service explain the next steps for people who can still act.

Partner visa overseas travel after the Subclass 820 is granted

Once the Subclass 820 visa is granted, the holder can travel freely. Clause 820.511 provides that the Subclass 820 visa permits the holder to travel to, enter and remain in Australia until they are notified of the decision on the Subclass 801 application, or until that application is withdrawn. No visa conditions may be imposed on a Subclass 820 visa.

This makes partner visa overseas travel much simpler at the temporary stage. The holder does not need a Bridging visa B. They can leave and re-enter Australia as many times as they need while the Subclass 801 application is processed.

Where you must be for the Subclass 801 grant

Clause 801.411 allows the Subclass 801 visa to be granted whether the applicant is in Australia (but not in immigration clearance) or outside Australia. There is no location trap at the permanent stage. When granted, the Subclass 801 visa permits the holder to travel to and enter Australia for five years from the date of grant.

The review trap at the permanent stage

There is still one important risk. If the Subclass 801 application is refused while the applicant is overseas, the applicant can only apply for review while physically present in Australia. The Department's policy for the Subclass 801 notes that a refusal while the applicant is overseas has serious consequences for review, and allows decision makers to defer a refusal for a short period to let the applicant make contact or return. Review deadlines are short and strictly applied. Long absences during the Subclass 801 stage should therefore be planned with care.

Our Subclass 820 partner visa guide explains what the Department looks for at the permanent stage, and our article on what happens if the relationship breaks down during a Subclass 820 application explains the position where the couple separates.

Offshore applicants: Subclass 309 and partner visa overseas travel

For offshore applicants, partner visa overseas travel usually means visiting Australia while the Subclass 309 application is processing, and then being outside Australia when the visa is granted. The rules are close to the reverse of the onshore rules.

The applicant must generally be outside Australia at grant

Subclause 309.412(1) provides that the applicant must be outside Australia when the Subclass 309 visa is granted, unless subclause 309.412(2) applies. Subclause 309.412(2) was introduced in response to COVID-19 travel restrictions. It applies only where the application was made before the end of a defined concession period, the applicant was in Australia during that period, and the applicant is in Australia when the visa is granted. Applicants should not assume this concession applies to them. For most current applications, the applicant must leave Australia before the Subclass 309 visa can be granted.

In practice, the Department may contact an applicant who is in Australia when the case is ready for decision and ask them to depart so the visa can be granted. Delays in leaving can delay the grant.

Visiting Australia on a visitor visa while the Subclass 309 is processing

Many offshore applicants wish to visit their partner in Australia during processing. To do so, they need a separate visa, usually a visitor visa. That visa is a separate application with its own criteria, and it is not granted automatically because a Subclass 309 application is pending. The visitor visa's conditions will apply while the applicant is in Australia. Condition 8101 may prevent work, and condition 8503 may prevent the applicant from applying for most other visas while in Australia.

Visiting Australia can support the relationship evidence, because it creates evidence of time spent together. But a visit should be planned so that the applicant can leave when the Department is ready to grant the Subclass 309. Couples considering whether to change to the onshore pathway during a visit should first read our article on the Subclass 820 no further stay condition, because a visitor visa with condition 8503 can prevent an onshore application.

Travel after the Subclass 309 is granted

Clause 309.511 provides that the Subclass 309 visa permits the holder to travel to, enter and remain in Australia until the Subclass 100 application is decided or withdrawn. Under clause 309.611 and Department policy, the first entry into Australia must be made before a date specified on the grant, which policy says should be 12 months from the date of grant. Missing the first entry date has serious consequences for the visa, so it should be diarised the day the visa is granted.

Once in Australia, the Subclass 309 holder can travel overseas and return as needed while the Subclass 100 application is processed. Clause 100.411 allows the Subclass 100 visa to be granted whether the applicant is in or outside Australia.

The review trap for Subclass 100 applicants

The Department's policy explains that an offshore Subclass 100 applicant who is refused while outside Australia has no right to merits review. An applicant who is refused while inside Australia may seek review, but only while physically present in Australia. A Subclass 309 holder who spends long periods overseas while the Subclass 100 is being assessed takes on that risk. Our Subclass 309 service page explains how the firm acts for offshore couples, and engaged couples using the Subclass 300 Prospective Marriage visa face similar questions about where they must be and when.

How partner visa overseas travel affects relationship evidence

Partner visa overseas travel does not weaken a genuine relationship, but time apart must be explained as temporary and supported by evidence of contact. The legal definitions of both spouse and de facto partner allow for a temporary separation. What they do not allow is a separation that has become permanent.

The legal test for time apart

For married couples, paragraph 5F(2)(d) of the Migration Act requires the couple to live together, or not live separately and apart on a permanent basis. For de facto couples, paragraph 5CB(2)(c) applies the same requirement. The Department's policy on spouse relationships says that where a couple is living apart and claims the separation is temporary, the decision maker must consider the reasons for the separation and whether they are consistent with a mutual commitment to each other. The onus is on the applicant to show that the separation is temporary and that the couple will live together again.

For de facto couples, the Department's policy refers to the Full Federal Court decision in SZOXP v Minister for Immigration and Border Protection [2015] FCAFC 69. Under that decision, a decision maker cannot find that a de facto couple fails paragraph 5CB(2)(c) solely because they were not living together at the time of application or at the time of decision. Our guide to the de facto partner visa explains the wider de facto requirements.

What the Department looks at during a period apart

During partner visa overseas travel by one partner, the four assessed aspects of the relationship still apply: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. A period apart changes the evidence available for some aspects, so the evidence should explain the gap. Useful evidence includes:

• records of regular contact, such as call logs, messages and video calls;
• evidence of financial support or continuing shared expenses during the absence;
• evidence that the household in Australia was maintained, such as the lease or mortgage remaining in joint names;
• evidence of the reason for the travel, such as medical letters, employment letters or funeral notices; and
• evidence of the return, such as booked flights and the date the couple resumed living together.

Our guide to partner visa relationship evidence and our article on preparing evidence of a genuine relationship explain how each aspect is usually documented. The partner visa document checklist and our 820 partner visa evidence checklist set out what the Department typically expects.

Travel together is evidence too

On the other side of partner visa overseas travel, trips taken together are strong evidence of a shared life. Joint bookings, boarding passes, accommodation records, photographs and evidence of meeting each other's families overseas all support the social aspects and the nature of the commitment. Couples should keep these records in an organised way from the start.

Travel and time apart regularly arise in partner visa cases that the Tribunal has remitted, or sent back, to the Department for reconsideration. In Leow (Migration) [2023] AATA 2645, a Subclass 820 matter, the reported issues included a work-related separation and a joint bank account. In Mandeep Singh (Migration) [2024] AATA 1442, also a Subclass 820 matter, the reported issues included a period of separation for employment and shared household expenses and finances. In Zheng (Migration) [2019] AATA 2258, the reported issues included a couple who maintained two residences and travelled between Singapore and Brisbane. In Czapos (Migration) [2021] AATA 4117, the reported issues included joint travel and frequent international visits. Each case turned on its own facts, but together they show that time apart and international travel are matters the Tribunal examines closely.

Updating the relationship statement and Form 888 statements

Where partner visa overseas travel led to a significant period apart, the couple may need to explain it to the Department. The explanation belongs in the couple's own account, usually in an updated partner visa relationship statement, and may be supported by Form 888 statements from people who know the couple. The explanation should be accurate and consistent with the travel records the Department already holds. If the Department raises a concern before deciding the case, it may send a natural justice letter, and our article on the section 57 natural justice letter explains how to respond.

Telling the Department about travel, address and passport changes

You must keep the Department informed of changes that make an answer in your application incorrect, and you should keep your contact details current during partner visa overseas travel. Section 104 of the Migration Act requires an applicant to notify the Department in writing of changes in circumstances that mean an answer in the application has become incorrect.

Change of address and contact details

The Department sends requests and decisions to the contact details it holds. An applicant who travels overseas and does not update their contact details can miss a request for information, a request for health checks or a natural justice letter. The Department's policy for the Subclass 801 and Subclass 100 refers to Form 929, Change of contact and/or passport details, as the form used for written confirmation of a change of address. The policy also allows decision makers to proceed to a decision once reasonable efforts to contact the applicant have been made, so an out of date email address can lead to a decision being made without your response.

Change in circumstances

Changes other than contact details, such as a new address where the couple will live, the birth of a child, or a change in the relationship, are usually notified using Form 1022. Our guide to Form 1022 for a change of circumstances explains when it should be lodged. Partner visa overseas travel itself does not always need to be reported, but any change it causes to the answers in the application does.

Telling the Department you are overseas when a decision is near

If the Department contacts you while you are overseas, reply promptly and give your expected return date. For an onshore applicant, this information is what allows a decision maker to consider deferring the Subclass 820 decision rather than refusing it. If you have a representative appointed under Form 956, the Department will usually communicate through that representative, which reduces the risk of missing correspondence while you travel.

Passport renewal during a partner visa application

If you renew or replace your passport during the application, you must tell the Department and give the new passport details, because your visa and bridging visa are linked to the passport recorded in the Department's systems. Form 929 is the Department's form for a change of passport details.

Why passport details matter for partner visa overseas travel

Airlines and border officers check visa status against the passport presented. If you travel on a new passport that has not been linked to your Bridging visa B or partner visa, you may face delays or be unable to board. The Bridging visa B also requires the applicant to satisfy public interest criterion 4021, the passport requirement, so a valid passport must be held when the Bridging visa B is applied for and decided.

Practical steps before partner visa overseas travel include:

• check that your passport will remain valid for the whole trip and for any period the destination country requires;
• if you renew your passport, notify the Department of the new details before travelling;
• check that VEVO shows the correct visa against the passport you will travel on; and
• keep copies of your grant notices with your travel documents.

Lost or stolen passports overseas

If your passport is lost or stolen while overseas, you will need a replacement travel document from your country's authorities and must then update the Department with the new details. Return travel may be delayed while this is done. If the delay could take you past the Bridging visa B travel facility end date, get advice immediately, because the travel facility period cannot be extended.

Emergencies: partner visa overseas travel at short notice

In an emergency, an onshore applicant should still apply for a Bridging visa B before leaving, explain the urgency, and provide whatever evidence is available. The Department's policy recognises that evidence may not be available in time, for example where a person must travel at once to attend a funeral, and tells decision makers to decide on the information available.

Emergencies are where partner visa overseas travel mistakes are most often made. A person receives news of a parent's illness, books a flight for the next day, and leaves on a Bridging visa A. The Bridging visa A ceases on departure. The person then has to apply for a visitor visa from overseas to return, may be refused, and may not be in Australia when the Subclass 820 is ready to be granted.

A better approach in an emergency is to:

• apply for the Bridging visa B immediately, stating the urgency;
• provide whatever evidence exists, even if incomplete;
• book flexible travel where possible;
• update contact details so the Department can reach you overseas; and
• plan the return date with the travel facility period and any Department contact in mind.

Bridging visa C and Bridging visa E holders in an emergency face a much harder choice, because no Bridging visa B is available to them. Our guide to urgent immigration lawyer advice explains what to prepare when time is short.

Common partner visa overseas travel mistakes

The most common partner visa overseas travel mistakes come from assuming that a pending application allows free travel. The mistakes that cause the most harm are:

• leaving Australia on a Bridging visa A without first obtaining a Bridging visa B;
• leaving while a Bridging visa B application is still pending;
• returning after the travel facility period has ended;
• leaving on a substantive visa that then expires while the applicant is overseas;
• travelling on a Bridging visa C or Bridging visa E;
• returning on a visitor visa and working in breach of condition 8101;
• missing the window for a replacement bridging visa after returning;
• being overseas when the Subclass 820 is ready to be granted, without telling the Department;
• staying in Australia on a visitor visa when the Subclass 309 is ready to be granted;
• travelling on a renewed passport that has not been linked to the visa; and
• failing to keep evidence of contact during a long period apart.

Most of these mistakes are avoidable with a check before travel. If you lodged your own application and are now planning a trip, our article on hiring an immigration lawyer after visa lodgement explains how a lawyer can step in, and our guide to getting a second opinion from an immigration lawyer explains what a review of your file involves. Our article on when you need an immigration lawyer for a partner visa and our guide to choosing a partner visa lawyer in Australia may also help.

How My Migration Lawyers helps with partner visa overseas travel

My Migration Lawyers acts in many partner visa matters where partner visa overseas travel is a live issue, and many of those matters are complex. They include onshore applicants who need a Bridging visa B at short notice, applicants whose Bridging visa B ceased while they were overseas, applicants on a Bridging visa C or Bridging visa E with a family emergency abroad, offshore applicants visiting Australia while a Subclass 309 application is processing, and couples who have spent long periods apart for work or family reasons. The firm deals with complex cases as a regular part of its partner visa practice and is capable of handling them.

Before travel, the firm checks which visa the applicant holds and whether it is in effect, reviews the travel facility period, and prepares the Bridging visa B application with the applicant's own evidence of the reason for travel. Where the applicant is on a Bridging visa C or Bridging visa E, the firm explains the consequences of leaving in writing, so the couple can make an informed decision. Where a decision on the Subclass 820 or Subclass 309 may be near, the firm plans the travel dates around the location rules for grant.

During and after travel, the firm keeps the Department informed of contact and passport changes, responds to requests while the client is overseas, and asks the Department to defer a decision where the absence is temporary and the circumstances support it. Where an applicant returns on another visa, the firm advises on the replacement bridging visa and its timing. Where travel has led to time apart, the firm helps the couple present their own account and contact records in the form the Department expects. If a refusal arrives, the firm acts on review through its visa refusals practice, and where a visa is at risk of cancellation, through its visa cancellations practice. The firm also acts for same-sex couples through its LGBTI partner visa service, and in matters involving the family violence provisions.

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

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 planning partner visa overseas travel, check your visa before you book. Book a consultation or call 1300 040 300.