Key Takeaways
- Partner visa study rights are broad. No visa conditions can be imposed on a Subclass 820 visa, and the Subclass 309, Subclass 801 and Subclass 100 visas carry no condition that limits study.
- A Bridging visa A or Bridging visa B granted with a Subclass 820 and Subclass 801 application is granted with nil conditions, so condition 8201 from a visitor visa does not carry over to it.
- The bridging visa only comes into effect when the visa you held at lodgement ends. Until then, the conditions of that earlier visa, such as condition 8201 or condition 8202, still bind you.
- Permission to study is not the same as fee status. A temporary partner visa does not, on its own, make you a domestic student for Commonwealth supported places or HELP loans.
- A student visa holder who wants a partner visa should keep the student visa valid until lodgement and keep complying with its conditions. Cancellation of the student visa can end the bridging visa as well.
- Permanent residence on a Subclass 801 or Subclass 100 visa usually changes fee status, but HELP loan access depends on the loan type and the holder's category, so it must be checked before enrolment.
What are partner visa study rights?
Partner visa study rights are the legal permission a partner visa applicant or holder has to enrol in and attend a course in Australia, and in most cases that permission is unrestricted. No visa conditions may be imposed on a Subclass 820 visa, the Subclass 309 visa has no study condition, and the Bridging visa A or Bridging visa B granted to an onshore partner applicant is granted with nil conditions. In plain terms, partner visa study rights allow full-time or part-time study at school, TAFE, a private college or a university.
That short answer is correct, but it is not the whole picture. Partner visa study rights raise three separate questions, and people often confuse them. The first question is whether the visa allows study at all. The second is which visa is actually in effect on the day the course starts, because a bridging visa does not always come into effect when it is granted. The third is fee status: whether the student is treated as a domestic student or an international student, and whether government-supported places and loans are available. A person can have full partner visa study rights and still be charged as an international student.
This guide works through each of those questions for the onshore Subclass 820 visa, the permanent Subclass 801 visa, the offshore Subclass 309 visa and Subclass 100 visa, and the bridging visas held while a partner visa is processed. It also covers people moving from a student visa to a partner visa, which is where the most serious mistakes about partner visa study rights are made. For the wider framework, the complete partner visa guide explains every stage of the partner pathway.
Permission to study versus paying for study
Partner visa study rights are a migration law question. Fee status is an education law and funding question. The Migration Regulations 1994 decide whether a visa holder may study. They do not decide whether a university offers a Commonwealth supported place, whether a TAFE course is subsidised, or whether a school charges a fee. Those questions are answered by Commonwealth education rules, state and territory rules and the policies of each provider. This guide explains the migration side in detail and the fee side at the level needed to ask the right questions. It does not state any fee amounts, because they change and differ between providers.
Why partner visa study rights matter to your application
Study decisions can affect a partner visa in ways that are not obvious. A student who stops attending class before lodging may breach a student visa condition. A student who lets a student visa expire before lodging may face Schedule 3 criteria. A couple who live in different cities because one partner is studying must explain that separation. Understanding partner visa study rights is therefore part of protecting the application, not only part of planning a course. Couples who are unsure where they stand can speak with the partner visa lawyers at My Migration Lawyers before making any change to enrolment or visa status.
Can you study on a Subclass 820 visa?
Yes. Partner visa study rights on a Subclass 820 visa are unrestricted, because the Department of Home Affairs procedural instruction for the Subclass 820 visa states that no visa conditions may be imposed on a Subclass 820 visa under Subdivision 820.6 of Schedule 2 to the Migration Regulations 1994. There is no study limit, no requirement to study, and no condition about the type or level of course.
The Subclass 820 visa is the temporary first stage of the onshore partner pathway. It allows the holder to remain in Australia until the Subclass 801 application is decided or withdrawn, under clause 820.511. During that period, the holder can enrol in any course a provider will accept them into. The Subclass 820 visa explained guide and the complete Subclass 820 partner visa guide set out the other features of the visa.
Full-time, part-time and any level of study
Because no condition applies, partner visa study rights on a Subclass 820 visa cover full-time and part-time study, short courses, English language courses, vocational qualifications, undergraduate degrees and postgraduate research. A Subclass 820 holder does not need to maintain enrolment, does not need to show course progress, and does not need to study at the same or a higher qualification level. Those are student visa obligations under condition 8202, and condition 8202 has no application to a partner visa.
This is a common source of confusion. Former student visa holders often assume that the attendance and progress rules follow them onto the partner visa. They do not. Once a Subclass 820 visa is granted, or once a nil-condition bridging visa is in effect, the student visa rules no longer apply because the student visa is no longer the visa in effect.
What a Subclass 820 grant does not change
The Subclass 820 visa gives broad partner visa study rights, but it is still a temporary visa. Holding it does not, by itself, make the holder a domestic student for funding purposes. That issue is explained later in this guide. The holder must also still meet the relationship requirements at the permanent stage, and long periods apart for study can raise questions that need explanation. The guide on Subclass 820 vs Subclass 801 explains how the two stages fit together, and the guide on how long a Subclass 820 partner visa takes explains why the temporary stage can last for a long time.
Can you study on a bridging visa while your partner visa is processed?
Yes. Partner visa study rights continue on the bridging visa, because a Bridging visa A or Bridging visa B granted to a Subclass 820 and Subclass 801 applicant is granted with nil conditions. This is set out in paragraphs 010.611(1)(c) and 020.611(1)(b) of Schedule 2 to the Migration Regulations 1994 and the legislative instrument made under them, which the Department's policy identifies as IMMI 12/094. The instrument has applied to bridging visas granted on or after 24 November 2012.
Most onshore applicants wait for a long time on a bridging visa before the Subclass 820 visa is decided. For those applicants, partner visa study rights on the bridging visa are what matter in practice. The guide to Bridging visa A work rights, conditions and travel and the overview of bridging visas in Australia explain how these visas operate. The companion guide on working while waiting for a Subclass 820 visa covers work rights on the same bridging visa. This guide deals with study.
Why condition 8201 does not carry over to the bridging visa
Condition 8201 provides that, while in Australia, the holder must not engage, for more than 3 months, in any studies or training. It is mandatory on most visitor visa streams. Many people who apply for a partner visa in Australia arrive on a visitor visa, so they ask whether the study limit follows them.
It does not follow them onto the bridging visa. The Department's policy for the Bridging visa A states that only the conditions listed in clause 010.611 can be imposed on a Bridging visa A, and that conditions on the person's last visa that are not listed there are of no effect. Condition 8201 is not one of the conditions that clause 010.611 allows to be carried over. For a partner applicant, the position is even clearer: the bridging visa has nil conditions. The same applies to a Bridging visa B under clause 020.611. The guide on moving from a tourist visa to a partner visa explains the other issues a visitor visa holder must check before lodging.
When the bridging visa is not yet in effect
The bridging visa is granted when the partner application is lodged, but it does not come into effect until the substantive visa the person already holds ceases. The Department's policy explains that a Bridging visa A is held but not in effect while the person holds a substantive visa, and that it comes into effect when that substantive visa ceases, under clause 010.511.
This timing rule is the single most important point about partner visa study rights for people who lodge while holding another visa. Until the earlier visa ends, its conditions still apply. A visitor visa holder with condition 8201 remains bound by the 3 month study limit until the visitor visa expires, even though a nil-condition bridging visa has been granted. A student visa holder remains bound by condition 8202 and the student visa work condition until the student visa expires. Partner visa study rights on the bridging visa start only when the bridging visa is in effect.
Checking which visa is in effect
Applicants should know which visa is in effect before they enrol, change a course or stop studying. The answer depends on the expiry date of the visa held at lodgement and the grant of the bridging visa. My Migration Lawyers checks a client's visa history and conditions as part of each partner visa matter, so the client does not need to work this out alone. Where an applicant is unsure, the safest course is to comply with the stricter conditions of the earlier visa until advice confirms the bridging visa is in effect.
Bridging visa C and Bridging visa E
The nil-condition rule applies to the Bridging visa A and Bridging visa B. A person who lodges a partner visa without holding a substantive visa may receive a Bridging visa C or a Bridging visa E instead, and different conditions can apply. Some Bridging visa E grants carry condition 8201. A person in that position should read the conditions on the grant notice carefully and get advice, because partner visa study rights on a Bridging visa E can be limited. These cases usually also involve Schedule 3 criteria for applicants who are unlawful, which is a separate and more pressing issue.
Can you study on a Subclass 309 visa?
Yes. Partner visa study rights on a Subclass 309 visa are not limited by any study condition. The Department's policy for the Subclass 309 visa lists only a first entry date under clause 309.611, a discretionary condition 8502 for the primary applicant under clause 309.612, and discretionary conditions 8502 and 8515 for secondary applicants under clause 309.613. None of those conditions concerns study.
The Subclass 309 visa is the temporary offshore partner visa. Once the holder enters Australia, they can enrol in a course in the same way as a Subclass 820 holder. The visa allows the holder to travel to, enter and remain in Australia until the Subclass 100 application is decided or withdrawn, under clause 309.511. Couples applying from overseas can read more on the Subclass 309 partner visa service page.
Studying overseas before arrival
A Subclass 309 holder who is still overseas can continue studying in their home country. There is no rule that requires immediate travel, other than the first entry date. However, the couple must still show a genuine and continuing relationship, and a long period apart for study should be explained. The four aspects of the relationship assessed under regulation 1.15A or regulation 1.09A are discussed in the guide to partner visa relationship evidence.
The Subclass 300 prospective marriage visa
The Subclass 300 prospective marriage visa is a related temporary visa. Its mandatory conditions under clause 300.612 are condition 8515, which prevents marriage before entry, and condition 8519, which requires the marriage to take place within the visa period. Neither is a study condition. The practical risk for a Subclass 300 holder who studies is timing: the marriage must still take place within the visa period, the onshore partner application should be planned around it, and study plans must not delay either step.
Partner visa study rights and fee status: two different questions
Partner visa study rights decide whether you may study, while fee status decides how you are charged, and a temporary partner visa does not on its own make you a domestic student. A Subclass 820, Subclass 309 or nil-condition bridging visa holder can enrol lawfully, but the provider may still classify them as an international student or as a domestic student who is not eligible for government support. The two questions must be checked separately.
This is the most common misunderstanding about partner visa study rights. Many applicants assume that being married to, or in a de facto relationship with, an Australian citizen or permanent resident gives them local student status. It does not. Fee status depends on the student's own citizenship or visa, not on the partner's.
Domestic students and international students
Education providers broadly divide students into domestic students and international students. In higher education, the domestic category is generally made up of Australian citizens, New Zealand citizens and holders of permanent visas. Temporary visa holders, including Subclass 820 and Subclass 309 holders and people on bridging visas, generally fall outside that category for funding purposes. Some providers apply their own rules for admission, so the student should confirm with the provider how they will be classified before accepting an offer.
The classification matters because it decides access to government-supported places and loans, and often the type of fee charged. Partner visa study rights give the right to enrol. They do not decide the classification.
Commonwealth supported places
A Commonwealth supported place is a university place where the Australian Government pays part of the cost and the student pays a student contribution. Eligibility depends on the student's citizenship or visa status. Australian citizens are eligible, and permanent visa holders and certain New Zealand citizens can generally be eligible if they meet the residence requirements. Temporary visa holders, including Subclass 820 and Subclass 309 holders, are generally not eligible. The official source for the current rules is the Australian Government's StudyAssist information, and each university also publishes its own guidance.
For partner visa holders, this means that partner visa study rights at the temporary stage usually come with full fee-paying status at university. That changes, in most cases, at permanent residence, as explained later in this guide.
HELP loans
HELP loans allow eligible students to defer their tuition costs and repay them through the tax system. HELP loans generally require Australian citizenship, or holding a permanent humanitarian visa, or falling within certain other categories such as eligible New Zealand citizens who meet additional requirements. A permanent partner visa is not a permanent humanitarian visa. Holding a Subclass 801 or Subclass 100 visa therefore does not automatically open HECS-HELP, and a permanent resident who receives a Commonwealth supported place may be required to pay the student contribution upfront. Temporary partner visa holders are not eligible for HELP loans.
The rules differ between HECS-HELP, FEE-HELP, VET Student Loans and other schemes, and they are amended from time to time. Students should check the current rules on studyassist.gov.au before enrolling. Partner visa study rights are a separate matter, and a migration lawyer cannot change a student's loan eligibility.
Vocational training, TAFE and state-funded places
Vocational training is partly funded by state and territory governments, and each government sets its own eligibility rules for subsidised places. Some states extend subsidised training to certain temporary visa holders, and some do not. Whether a Subclass 820 holder or a bridging visa holder can access a subsidised TAFE place depends on the state, the course and the program. The student should check with the training provider and the relevant state or territory program before enrolling. No general answer can be given for all of Australia.
English language programs
Some government English language programs are available to certain permanent residents and eligible visa holders, and eligibility can extend to some temporary visa holders. The rules depend on the program. A partner visa holder interested in English classes should check the program's current eligibility. English study is also allowed under partner visa study rights at a private provider at any time, subject to the provider's fees.
School for children of partner visa holders
Children of partner visa holders can attend school in Australia, but whether the family pays school fees depends on the state or territory, the child's visa and the type of school. Each state and territory education department sets its own rules for temporary residents. Some exempt certain partner visa holders or their dependants from fees, and others charge fees to some temporary visa holders. The rules change, so the family should check the current position with the education department in the state where the child will attend school.
Children included in the partner application
A dependent child can be included in a Subclass 820 and Subclass 801 application as a secondary applicant, and can be added after lodgement in some circumstances under regulation 2.08B. A child who is a secondary applicant receives the same type of visa as the primary applicant, and the child's partner visa study rights follow from that visa. A child who holds a different visa, such as a dependent student visa or a visitor visa, has the study rights and conditions of that visa instead. Families should make sure every child's visa position is clear before the school year begins.
Children of the sponsor
Where the sponsor's child is an Australian citizen, school fee issues usually do not arise for that child. The fee question arises for children who hold temporary visas. The Subclass 820 visa guide and the partner visa document checklist explain how children are included in an application.
Moving from a student visa to a partner visa
A student visa holder can apply for a Subclass 820 and Subclass 801 visa in Australia, and the safest course is to lodge while the student visa is still valid and to keep complying with its conditions until the student visa ends. The bridging visa granted on lodgement will not come into effect until the student visa ceases, so the student visa conditions continue to apply in the meantime.
This is the situation where partner visa study rights cause the most harm when misunderstood. Many students lodge a partner visa and then immediately reduce their study load or stop attending, believing that the partner application has replaced the student visa. It has not. The student visa remains in effect until it expires, is cancelled or another substantive visa is granted.
Keep the student visa valid until lodgement
Lodging while the student visa is valid means the applicant holds a substantive visa at the time of application. That avoids the Schedule 3 criteria that apply to applicants who do not hold a substantive visa, and it means the applicant is eligible for a Bridging visa A with nil conditions. Students should plan lodgement well before the student visa expiry date, because a complete application, including the sponsor's details and the identity documents, takes time to prepare. The guide to the 820 partner visa evidence checklist lists what is usually gathered.
Student visa conditions keep applying after lodgement
After lodgement, the student remains bound by every condition on the student visa until it ceases. Condition 8202 requires the holder to be enrolled in a full-time registered course, to maintain enrolment at the same or a higher qualification level, and not to be certified by the provider for unsatisfactory course progress or attendance. The student visa work limitation also continues to apply. Partner visa study rights under the bridging visa do not override these conditions while the student visa is in effect.
In practice, this means a student who has lodged a partner visa should keep attending and keep passing, and should not defer, suspend or withdraw from the course without advice. The partner application does not protect a student from the consequences of breaching condition 8202.
Cancellation of the student visa can end the bridging visa
A student visa can be cancelled for breach of a visa condition under section 116 of the Migration Act 1958. If the student visa held when the Bridging visa A was granted is cancelled, the Bridging visa A ceases at that time under subparagraph 010.511(1)(b)(vi) of the Migration Regulations 1994, as the Department's policy confirms. The person can then be left without a valid visa while the partner application is still being processed.
That is a serious outcome. The person may need a different bridging visa with less favourable conditions, and their immigration history now includes a cancellation that may need to be addressed. The guide on visa cancellations explains the cancellation process. The far better course is to avoid a breach in the first place, and to understand partner visa study rights properly before changing any enrolment.
Can a student stop studying once the student visa expires?
Yes. Once the student visa has expired and the nil-condition Bridging visa A is in effect, condition 8202 no longer applies, and partner visa study rights under the bridging visa allow the person to study part-time, change course, take a break or stop studying altogether. The change in obligations happens when the student visa ends, not when the partner application is lodged. Students should confirm the expiry date of their student visa rather than relying on the course end date, because the two are usually different.
Condition 8534 and condition 8503 on student visas
Condition 8534 is a no further application condition that can be imposed on a Subclass 500 student visa on a discretionary basis. While it applies, the holder is not entitled to be granted a substantive visa in Australia other than a protection visa, a Subclass 485 visa or a Subclass 590 visa. A partner visa is not on that list, so a student with condition 8534 cannot validly apply for a partner visa onshore unless the condition is first waived under subregulation 2.05(4). The Department's policy confirms that, where the condition is waived, the date of the valid application is the date of the waiver.
Condition 8503 is a different no further stay condition. It is mandatory on certain visitor visa streams and some other visas, and is not commonly found on student visas. A student should check the grant notice for both conditions before planning a partner visa. The guide on applying for a Subclass 820 with a no further stay condition 8503 explains the waiver process in more detail.
If the student visa has already expired
A person whose student visa has expired and who holds no substantive visa can still apply for a Subclass 820 visa in some cases, but must satisfy Schedule 3 criteria 3001, 3003 and 3004 unless there are compelling reasons not to apply them, under subparagraph 820.211(2)(d)(ii). The Department's policy says that a genuine relationship and the hardship of separation are generally not, on their own, compelling reasons. This is a high-risk position. The guides on the Schedule 3 partner visa waiver and the Schedule 3 waiver service explain what is required.
A student visa refusal is a different issue
A student whose student visa application has been refused faces different rules, including possible section 48 restrictions and bridging visa timing issues. That situation is outside the scope of this guide on partner visa study rights. The guide on applying for a partner visa after a visa refusal explains the main issues, and the visa refusals page explains how My Migration Lawyers assists after a refusal.
A hypothetical example
Consider a hypothetical student whose student visa expires in eight months. She is in a de facto relationship with an Australian citizen that meets the relationship requirements, and the couple lodge a combined Subclass 820 and Subclass 801 application. A Bridging visa A with nil conditions is granted on lodgement. For the next eight months, she must keep complying with condition 8202, because her student visa is still in effect. When the student visa expires, the Bridging visa A comes into effect and her partner visa study rights become unrestricted. She can then reduce her study load without breaching any condition. If she had stopped attending in the first month, she would have risked cancellation of the student visa and the loss of the bridging visa with it.
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Regional visa holders and partner visa study rights
Holders of certain skilled regional visas must have held that visa for a minimum period before they can apply for a Subclass 820 visa, and must have substantially complied with its conditions, which include living, working and studying only in a regional area. Paragraph 1214C(3)(h) of Schedule 1 requires a Subclass 491 or Subclass 494 holder to have held that visa for at least three years, and paragraph 1214C(3)(g) requires at least two years for certain older regional visas. Clause 820.212 then requires substantial compliance with the regional visa conditions.
The Department's policy explains that the purpose of these rules is to stop regional visa holders from avoiding the requirement to live, work and study only in a specified regional area by moving to a Subclass 820 visa. For a regional visa holder, this means that study outside the regional area while still holding the regional visa can later affect partner visa eligibility. The broad partner visa study rights described in this guide apply only once the partner pathway is properly open. A regional visa holder should get advice before enrolling in a course in a metropolitan area, and before lodging a partner visa.
What changes at permanent residence?
At permanent residence on a Subclass 801 or Subclass 100 visa, partner visa study rights remain unrestricted and the holder's fee status usually changes, because permanent visa holders can generally access Commonwealth supported places where they meet the residence requirements. The holder can live, work and study in Australia permanently. What does not automatically change is access to HELP loans, which generally requires citizenship or a different category of permanent visa.
The permanent stage is assessed afresh. Under paragraph 801.221(2)(d), at least two years must generally have passed since the combined application was made before the Subclass 801 visa can be granted, subject to limited exceptions. The Subclass 820 vs Subclass 801 guide explains the two stages. Students who plan a long degree should understand that their fee status may change part way through the course when the permanent visa is granted.
Fee status after the permanent visa is granted
Once a Subclass 801 or Subclass 100 visa is granted, a student who was enrolled as a full fee-paying student may be able to ask the provider about moving to a Commonwealth supported place for the remainder of the course. Whether that is possible depends on the provider, the course and the availability of places. The student should contact the provider promptly after the grant. Partner visa study rights at the permanent stage give the right to study, and the provider decides how the change in status is applied.
Fee status after citizenship
Australian citizenship opens the widest range of education support, including HECS-HELP for eligible students. The requirements for citizenship, including residence requirements, are separate from the partner visa and are not covered in this guide. For many partner visa holders, the path from temporary visa to permanent visa to citizenship is also the path from international student fees to full domestic access.
Does studying affect the partner visa assessment?
Study does not, by itself, affect a partner visa, but study that leads the couple to live apart, or that changes the applicant's circumstances, can affect how the relationship is assessed. The decision maker must be satisfied that the relationship is genuine and continuing, and that the couple live together or do not live separately and apart on a permanent basis. A period apart for study is common, but it must be temporary and it should be explained.
Partner visa study rights allow study anywhere in Australia, but couples should think about how a course in another city or another country will look on the file. The evidence of the relationship must continue to show financial, household, social and commitment aspects of a shared life. The guides on preparing evidence of a genuine relationship and the partner visa relationship statement explain how a period apart should be documented.
Studying overseas while a Subclass 820 application is pending
A Subclass 820 visa can only be granted if the applicant is in Australia, under clause 820.411. The Department's policy says a delegate may defer a decision where an absence is temporary, and lists an overseas training course, study or scholarship as an example of a reasonable circumstance for a longer absence. However, deferral is discretionary. An applicant who plans to study overseas before the Subclass 820 visa is granted should get advice first. A Bridging visa A also ceases if the holder leaves Australia, so travel needs a Bridging visa B. The guide to the Bridging visa B explains how travel works while an application is pending.
Changes in circumstances must be reported
Section 104 of the Migration Act 1958 requires an applicant to notify the Department in writing if a change in circumstances makes an answer in the application incorrect. A change of address for study, a change in the couple's living arrangements, or a change in the relationship may need to be reported. The guide to Form 1022 change of circumstances explains when and how.
Living apart for study and the four aspects of the relationship
Where one partner studies in another city, the household aspect of the relationship may look thin for that period. The other aspects then carry more weight. Regular contact, visits, shared finances and joint plans all help show that the separation is temporary. Witnesses who know the couple can address the arrangement in their Form 888 statements. Couples in a de facto relationship should also check how a period apart interacts with the requirements explained in the guide to the de facto partner visa.
Partner visa study rights at a glance
Partner visa study rights depend on the visa that is in effect on the day of study, so the summary below is organised by visa. In every case, the right to study and the fee charged are separate questions.
Visitor visa held at lodgement
Until the visitor visa ends, condition 8201 usually applies and limits study to 3 months. Once the visitor visa ends and the nil-condition Bridging visa A comes into effect, partner visa study rights are unrestricted. A visitor visa holder must also check for condition 8503 before lodging, because it can prevent a valid onshore application unless it is waived.
Student visa held at lodgement
Until the student visa ends, condition 8202 and the student visa work limitation continue to apply. Once the student visa ends and the Bridging visa A comes into effect, the student may change, reduce or stop study. Condition 8534 must be checked before lodging.
Bridging visa A or Bridging visa B in effect
Partner visa study rights are unrestricted, because the bridging visa has nil conditions under paragraph 010.611(1)(c) or 020.611(1)(b). Fee status is usually that of a temporary visa holder.
Bridging visa C or Bridging visa E
Conditions depend on the grant. Some Bridging visa E grants carry condition 8201. The grant notice must be read carefully, and advice should be obtained before enrolling.
Subclass 820 or Subclass 309 visa
No condition limits study. Partner visa study rights are unrestricted. Fee status is usually that of a temporary visa holder.
Subclass 801 or Subclass 100 visa
Partner visa study rights are unrestricted and permanent. Commonwealth supported places generally become available, subject to the residence requirements, while HELP loan access depends on the loan and the holder's category.
When the relationship changes during study
Partner visa study rights depend on the partner visa itself. If the relationship breaks down while the applicant is studying, the application can be affected, and the guide on what happens if the relationship breaks down explains the position. Where family violence is involved, the family violence provisions may allow the application to continue. Same-sex couples have the same partner visa study rights as any other couple, and the LGBTI partner visa page explains the issues that can arise in their applications. Where the sponsor has sponsored before, the sponsorship limitations should also be checked, as explained in the guide on when a sponsor cannot sponsor a partner visa.
Why the timing of advice matters
Most problems with partner visa study rights arise because a student acts first and asks later. A change of enrolment cannot always be undone, and a cancelled visa cannot be reinstated by enrolling again. Advice before lodgement, and again before any change in study, avoids most of these problems. Couples deciding whether to lodge on their own can read the comparison of a partner visa lawyer versus doing it yourself, the guide on when to use an immigration lawyer for a partner visa, and the factual comparison of a migration agent and an immigration lawyer. The guide to choosing a partner visa lawyer in Australia explains what to look for.
Common mistakes about partner visa study rights
The most common mistakes about partner visa study rights are assuming the bridging visa is in effect when it is not, stopping study on a student visa after lodging, and assuming a partner visa gives domestic fee status. Each mistake can be avoided with a clear understanding of the rules explained in this guide.
Treating lodgement as the end of the student visa
Lodging a partner visa does not end the student visa. The student visa continues until it expires or is cancelled, and condition 8202 continues to apply. This is the mistake with the most serious consequences, because a cancellation can end the bridging visa as well.
Relying on the visitor visa study limit after lodgement, or ignoring it before
Some visitor visa holders believe the 3 month limit in condition 8201 continues after lodgement for the whole processing period. It does not apply once the nil-condition bridging visa is in effect. Others believe it ends on lodgement. It does not end until the visitor visa ceases. The correct date is the date the visitor visa ends.
Assuming domestic fee status
Partner visa study rights do not create domestic fee status. A temporary partner visa holder is usually charged as an international student at university. Students should confirm their classification with the provider before accepting an offer and before paying a deposit.
Assuming permanent residence opens every loan
Permanent residence usually opens Commonwealth supported places but does not, on its own, open HECS-HELP. A permanent resident may need to pay the student contribution upfront. This should be checked before enrolment in a long course.
Forgetting the relationship evidence
Some couples focus on the course and forget that the partner visa is still being assessed. A long separation for study, or a change of address that is not reported, can raise questions later. Couples should keep the relationship evidence up to date throughout the temporary stage. The guide on why partner visas get refused and the guide to the most common Subclass 820 refusal reasons show how these issues can lead to refusal.
Ignoring a request from the Department
If the Department asks for more information about the relationship or the applicant's circumstances, the response must be accurate and on time. The guides on responding to a section 56 request for more information and the s57 natural justice letter for a partner visa explain each step. If a refusal does occur, review deadlines are short and strictly applied, and the partner visa refused appeal options and partner visa refusal pages explain what can be done.
How My Migration Lawyers helps with partner visa study rights
My Migration Lawyers helps couples protect their partner visa while the applicant studies, by checking which visa is in effect, which conditions apply on each date, and how study plans affect the application, before any change is made. The firm deals with complex cases and acts in many partner visa matters involving current and former student visa holders, visitor visa holders, regional visa holders and applicants on bridging visas. It is capable of handling the matters where study and visa status interact, including student visa conditions, no further stay conditions and Schedule 3 issues.
Planning the move from a student visa
For a student visa holder, the firm reviews the student visa conditions, the expiry date and any no further application condition, and identifies the safest time to lodge. It explains which obligations continue after lodgement and when they end, so the student knows exactly when partner visa study rights under the bridging visa begin. Where a condition 8534 or condition 8503 waiver is needed, the firm advises on the request and the timing of the application. Where the student visa has already expired, it assesses the Schedule 3 position and prepares the submissions that the application requires.
Preparing the partner application
The firm prepares the combined Subclass 820 and Subclass 801 application, reviews the couple's relationship evidence, and checks that the forms, Form 80 and supporting documents are consistent. Each partner's relationship statement is their own account, reviewed and corrected by them. Where study has led to periods apart, the firm makes sure the reasons are explained and supported. When appointed, the firm lodges Form 956 so the Department corresponds with it directly, and it obtains the client's immigration history itself.
Advice during processing
Partner visa study rights change as the case moves from lodgement to bridging visa to Subclass 820 grant and then to the permanent stage. The firm advises clients at each point, including on travel for study, changes of address and requests from the Department. Clients who lodged on their own can ask the firm to review the file, as explained in the guide to hiring an immigration lawyer after lodging your own application. Others ask for a second opinion from an immigration lawyer. Applicants with a short deadline can read about urgent immigration lawyer advice.
Who handles your matter
Partner visa work at My Migration Lawyers is led by Weiwei Zhang, Principal Lawyer. More about the firm is on the About My Migration Lawyers page. My Migration Lawyers is an Australian immigration law firm that acts for couples across Australia, including clients of its partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta, with consultations by video. The guide to booking an immigration lawyer consultation explains what happens at the first meeting.
Book a consultation about your partner visa study rights
If you are studying, planning to study, or moving from a student visa to a partner visa, get advice on your partner visa study rights before you change your enrolment or your visa status. Book a Consultation with My Migration Lawyers to have your visa conditions, timing and study plans reviewed together. You can also call 1300 040 300.
Frequently Asked Questions
What are partner visa study rights?
Partner visa study rights are the permission a partner visa applicant or holder has to study in Australia. No visa conditions may be imposed on a Subclass 820 visa, the Subclass 309 visa has no study condition, and the bridging visa granted to an onshore partner applicant has nil conditions. In most cases, a partner visa holder can study full-time or part-time at any level.
Can I study full-time on a Subclass 820 visa?
Yes. Partner visa study rights on a Subclass 820 visa allow full-time or part-time study, because no visa conditions may be imposed on that visa under Subdivision 820.6. There is no requirement to stay enrolled, show course progress or study at a particular level. Those are student visa obligations under condition 8202, which does not apply to a partner visa.
Can I study on a bridging visa while my partner visa is processed?
Yes, once the bridging visa is in effect. A Bridging visa A or Bridging visa B granted with a Subclass 820 and Subclass 801 application has nil conditions. However, it only comes into effect when the visa you held at lodgement ends. Until then, the study conditions of that earlier visa, such as condition 8201 or condition 8202, still apply.
Does condition 8201 from my visitor visa apply after I lodge a partner visa?
No, not once the visitor visa has ended. Condition 8201 limits study to 3 months and stays in force while the visitor visa is in effect. When the visitor visa ends and the nil-condition Bridging visa A comes into effect, the limit no longer applies, and full partner visa study rights begin. Condition 8201 cannot be carried over to a partner applicant's bridging visa.
Can I stop studying after I lodge a partner visa on a student visa?
No, not while the student visa is still in effect. Condition 8202 continues to apply until the student visa expires or ends in another way. Stopping study early risks cancellation of the student visa under section 116 of the Migration Act 1958. If that student visa is cancelled, the Bridging visa A granted with the partner application also ceases.
Do partner visa study rights give me domestic student fees?
No. Partner visa study rights decide whether you may study, not how you are charged. Fee status depends on your own citizenship or visa, not your partner's. Temporary partner visa holders and bridging visa holders are generally not eligible for Commonwealth supported places or HELP loans, and universities usually treat them as international students for fee purposes.
Can a Subclass 820 holder get a Commonwealth supported place?
No, generally not. Commonwealth supported places are generally available to Australian citizens, permanent visa holders and certain New Zealand citizens who meet the residence requirements. A Subclass 820 visa is a temporary visa, so its holder is generally not eligible. The position usually changes when the permanent Subclass 801 visa is granted. Students should confirm the current rules on studyassist.gov.au.
Does permanent residence on a partner visa give access to HECS-HELP?
No, not automatically. A Subclass 801 or Subclass 100 holder can generally access a Commonwealth supported place, but HECS-HELP generally requires citizenship, a permanent humanitarian visa or another eligible category. A permanent resident may need to pay the student contribution upfront. The rules differ between loan types, so they should be checked on studyassist.gov.au before enrolment.
Can my children go to school while I am on a partner visa?
Yes. Children of partner visa holders can attend school in Australia. Whether school fees apply depends on the state or territory, the child's visa and the type of school. Each state and territory education department sets its own rules for temporary residents, and some exempt certain partner visa families. The family should check the current rules where the child will attend school.
Can I study at TAFE on a partner visa or bridging visa?
Yes. Partner visa study rights allow enrolment at TAFE and other vocational providers. Whether a subsidised place is available is a different question. Each state and territory sets its own eligibility rules for government-funded training, and some include certain temporary visa holders while others do not. The student should check with the provider and the relevant state program before enrolling.
Should I keep my student visa valid until I lodge a partner visa?
Yes. Lodging while the student visa is valid means you hold a substantive visa at the time of application. That avoids Schedule 3 criteria and makes you eligible for a Bridging visa A with nil conditions. If the student visa expires first, Schedule 3 criteria 3001, 3003 and 3004 must be satisfied unless compelling reasons exist for not applying them.
Can I apply for a partner visa if my student visa has condition 8534?
No, not until the condition is waived. Condition 8534 means the holder is not entitled to be granted a substantive visa in Australia other than a protection visa, a Subclass 485 visa or a Subclass 590 visa. A partner visa is not on that list. The condition must first be waived under subregulation 2.05(4), and the valid application date is the date of the waiver.
Can I study on a Subclass 309 visa?
Yes. The Subclass 309 visa has no study condition. Its only conditions are a first entry date and discretionary conditions 8502 and 8515, which relate to entry and marriage. Once in Australia, a Subclass 309 holder has the same partner visa study rights as a Subclass 820 holder. Fee status is usually that of a temporary visa holder until the Subclass 100 visa is granted.
Will studying in another city affect my partner visa?
Yes, it can, if it means you and your partner live apart. The relationship must be genuine and continuing, and any separation must be temporary. A period apart for study is common, but it should be explained in the relationship evidence and supported by contact, visits and joint plans. A change of address must also be reported to the Department when an answer in the application becomes incorrect.
Can I study overseas while my Subclass 820 application is pending?
Yes, but only with care. A Subclass 820 visa can only be granted while the applicant is in Australia. The Department may defer a decision for a temporary absence, including overseas study, but this is discretionary. A Bridging visa A ceases when the holder leaves Australia, so a Bridging visa B is needed to travel. Get advice before planning overseas study during processing.
Do partner visa study rights change at the permanent stage?
No. Partner visa study rights stay unrestricted at the permanent stage, but fee status usually improves. A Subclass 801 or Subclass 100 holder can generally access Commonwealth supported places if they meet the residence requirements, while HELP loan access depends on the loan type. A student already enrolled should ask the provider whether their status can change for the rest of the course.
Weiwei Zhang is the Principal Lawyer and Managing Director of My Migration Lawyers. My Migration Lawyers is one of Australia's leading immigration law firms, dedicated exclusively to Australian immigration law. The firm represents individuals, families and businesses across all areas of migration law, with particular expertise in complex immigration matters, Partner Visas, Protection Visas, corporate migration, visa refusals, Administrative Review Tribunal reviews, judicial reviews and visa cancellations.
