Can You Apply for a Partner Visa While on a Tourist Visa?

Many couples ask whether they can apply for a partner visa while on tourist visa status in Australia. The short answer is that a partner visa while on tourist visa is usually possible, but whether it is possible for a particular person depends on the exact visitor visa they hold, the conditions printed on its grant notice, and how much time is left before it expires.

This guide answers the partner visa while on tourist visa question directly. It explains which visitor visas allow an onshore application, how condition 8503 changes the position, what happens if the visitor visa expires first, the bridging visa granted on lodgement, and the integrity issues that can arise from earlier visitor visa answers. It also explains marrying in Australia on a tourist visa and the practical order in which to do things.

The onshore partner visa is a combined application for the temporary Subclass 820 partner visa and the permanent Subclass 801 visa. The wider framework is explained in the firm's complete guide to partner visas in Australia. Readers who want a broader overview of moving from a visitor visa can also read the firm's article on moving from a tourist visa to a partner visa in Australia. This article focuses on the legal tests that decide whether the application can be made at all.

Can you apply for a partner visa while on a tourist visa?

Yes. A person who is in Australia on a visitor visa can generally apply for a combined Subclass 820 and Subclass 801 partner visa without leaving the country, as long as the visitor visa does not carry condition 8503 or that condition has been waived, and the applicant meets the other validity requirements.

There are four questions that decide a partner visa while on tourist visa application in practice.

• Which visitor visa is held? The Subclass 600 Visitor visa, the Subclass 601 Electronic Travel Authority and the Subclass 651 eVisitor each carry different conditions.
• Does the visa have condition 8503? This is the condition most likely to stop an onshore application.
• Is the visitor visa still in effect? Lodging while it is in effect means Schedule 3 does not apply. Lodging after it expires brings Schedule 3 into play.
• Is there anything in the earlier visitor visa application that does not match the relationship? An inconsistent statement about relationship status or purpose of travel can raise integrity concerns.

Each of these questions is explained below. Getting any one of them wrong can make the partner visa while on tourist visa pathway much harder, or close it entirely.

The answer is not the same for everyone, which is why general statements such as "you can always switch to a partner visa" are unreliable. A couple whose visitor visa carries condition 8503 cannot lodge a valid onshore application at all until the condition is dealt with. A couple who lodges one week after the visitor visa expired faces a different test from a couple who lodged one week before.

Which visitor visa do you hold?

The first step in any partner visa while on tourist visa assessment is to identify the exact visitor visa and its conditions. Most people describe their visa as a "tourist visa", but legally there are three common types, and the Subclass 600 visa has several streams.

The visa grant notice lists the visa subclass, the stream, the expiry date and every condition. Visa details can also be checked through the Department's Visa Entitlement Verification Online service. The grant notice and the condition list are the documents that matter, not what an airline, a friend or a booking website said.

Subclass 600 Visitor visa in the Tourist stream

The Subclass 600 Visitor visa in the Tourist stream is the visa most people mean when they say "tourist visa". Under departmental policy, conditions 8101 (no work) and 8201 (study limit) are mandatory for a Tourist stream visa where the applicant was not sponsored. Conditions 8501, 8503 and 8558 may be imposed on a discretionary basis.

This means a Tourist stream visa may or may not have condition 8503. Two people holding the same subclass and stream can be in completely different positions for a partner visa while on tourist visa application. The only way to know is to read the condition list on the grant notice.

Where the Tourist stream visa was granted on the basis of a sponsorship approved under clause 600.224, condition 8503 is mandatory.

Subclass 600 in other streams

Condition 8503 is mandatory on a Subclass 600 visa granted in the Sponsored Family stream, the Approved Destination Status stream and the Frequent Traveller stream. It may be imposed on a discretionary basis in the Business Visitor stream.

Anyone in Australia on a Sponsored Family stream visitor visa should therefore assume that a partner visa while on tourist visa application is blocked unless and until the condition is waived. The same applies to holders of an Approved Destination Status or Frequent Traveller stream visa.

Subclass 601 Electronic Travel Authority

The Subclass 601 Electronic Travel Authority is available to passport holders of certain countries. Under departmental policy, the conditions for a Subclass 601 visa are 8115, 8201, 8527 and 8528. Condition 8503 is not one of them.

For an Electronic Travel Authority holder, the partner visa while on tourist visa question therefore usually turns on timing and the other validity requirements rather than on condition 8503. The grant should still be checked, because the conditions shown on the actual grant are what bind the holder.

Subclass 651 eVisitor

The Subclass 651 eVisitor is available to passport holders of certain other countries. Under departmental policy, its conditions are also 8115, 8201, 8527 and 8528, without condition 8503.

An eVisitor holder in a genuine relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen can usually make an onshore partner visa while on tourist visa application before the eVisitor ends.

Applying for a partner visa while on tourist visa: the legal requirements

A partner visa while on tourist visa application is an ordinary onshore partner visa application. The applicant must meet the same validity requirements as any other onshore applicant. Holding a visitor visa does not lower the bar.

Where the applicant must be

Under Schedule 1 item 1214C of the Migration Regulations 1994, an applicant for a Subclass 820 visa must be in Australia, but not in immigration clearance, when the application is made. The application for the Subclass 820 visa must be made at the same time and place as the application for the Subclass 801 visa. In practice this is one combined online application in ImmiAccount. The firm's guide on how to create an ImmiAccount explains the first step.

"Not in immigration clearance" means the person has already passed through the border and been immigration cleared. A person cannot make a partner visa while on tourist visa application at the airport before clearing immigration.

The applicant must also be in Australia, and not in immigration clearance, when the Subclass 820 visa is granted. This is set out in clause 820.411. An applicant who travels overseas during processing must be back in Australia before the Department can grant the temporary visa.

The relationship

The applicant must be the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The relationship must be genuine and continuing. The Department assesses four aspects of the relationship: financial aspects, the nature of the household, social aspects and the nature of the commitment. The firm's guide on how to prove a relationship is genuine and its article on preparing evidence of a genuine relationship explain what this means in practice.

Couples who are not married must meet the de facto requirements. Those rules are covered separately in the firm's article on the de facto partner visa and the 12-month rule.

The sponsor

The Australian partner must be able to sponsor. Limits apply to how many partners a person can sponsor and to sponsors with certain histories. The firm's page on partner visa sponsorship limitations explains those limits.

Holding a substantive visa at the time of application

Subparagraph 820.211(2)(d)(ii) applies to an applicant who is not the holder of a substantive visa when the application is made. A visitor visa is a substantive visa. So a person who lodges a partner visa while on tourist visa application while the visitor visa is still in effect does not have to meet the Schedule 3 criteria. This is the single most important timing point in the whole topic, and it is explained further below.

The full list of onshore criteria is set out in the firm's articles on the Subclass 820 onshore partner visa and the Subclass 820 requirements, documents and how to apply.

One application, two stages

A partner visa while on tourist visa application is one combined application for two visas. The Department first decides the temporary Subclass 820 visa. The permanent Subclass 801 visa is generally assessed about two years after the combined application was lodged, provided the relationship continues. The firm's comparison of Subclass 820 and Subclass 801 and its complete guide to the Subclass 820 partner visa explain both stages.

The visitor visa only matters at the start. Once a valid partner visa while on tourist visa application has been lodged and the bridging visa is in effect, the application is processed like any other onshore partner visa. That is why the decisions made in the first weeks, while the visitor visa is still running, carry so much weight.

Check your visa conditions before anything else

Before booking a wedding, signing a lease or paying for documents, anyone considering a partner visa while on tourist visa application should confirm four facts in writing: the visa subclass and stream, the conditions, the last day of lawful stay, and what the earlier visitor visa application said about relationship status and the purpose of the visit.

These facts take very little time to check, but they decide whether the application is possible and which risks need to be managed. A person who discovers condition 8503 one week before the visitor visa expires has far fewer options than a person who discovers it in the first week of the stay.

Where the visitor visa is close to expiry, the firm's guide to urgent immigration lawyer advice explains what to have ready. The article on booking an immigration lawyer consultation explains how an initial assessment works, and the article on when an immigration lawyer for a partner visa is worth engaging sets out the situations where legal advice makes the most difference.

Condition 8503 and a partner visa while on tourist visa

Condition 8503 is the condition that most often stops a partner visa while on tourist visa application. Its wording in Schedule 8 is: "The holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa, while the holder remains in Australia."

How condition 8503 works

Condition 8503 is a condition of the kind described in paragraph 41(2)(a) of the Migration Act 1958. Under section 46(1A) of the Act, a person whose visa is subject to such a condition is generally prevented from making a valid application for a substantive visa in Australia, other than a protection visa. A partner visa is a substantive visa. So a partner visa while on tourist visa application made by a person whose visitor visa carries condition 8503 is not a valid application, unless the condition has first been waived.

Departmental policy describes the purpose of condition 8503 as preventing the holder from lodging a further visa application in Australia. It is often called the "No Further Stay" condition, but the practical effect is that it stops the application being made.

Condition 8503 does not disappear

Condition 8503 does not end because the relationship becomes serious, because the couple marries, or because the visitor visa is about to expire. It stays attached to the visa. It also continues to affect the person after the visitor visa ends, because the last substantive visa held carried the condition.

The firm's detailed article on applying for a Subclass 820 visa with a No Further Stay condition covers the condition in more depth. The rest of this article explains how condition 8503 fits into the wider partner visa while on tourist visa decision.

Common misunderstandings about condition 8503

Several mistaken beliefs cause real harm in partner visa while on tourist visa cases.

• "I can just lodge and explain." No. An application made while condition 8503 applies, without a waiver, is not valid. It is not assessed on its merits.
• "Getting married lifts the condition." No. Marriage does not remove condition 8503.
• "The condition only matters while the visitor visa is in effect." No. Condition 8503 can still prevent an onshore application after the visa ends.
• "The Department will waive it because we are in love." Departmental policy states that, generally, marrying or starting a de facto relationship with an Australian citizen or permanent resident is not a matter over which the visa holder had no control.

These points are why the condition list on the grant notice must be checked before any money is spent or any form is completed.

Can condition 8503 be waived for a partner visa?

Condition 8503 can be waived, but only in the circumstances set out in subregulation 2.05(4) of the Migration Regulations 1994. Section 41(2A) of the Migration Act allows the Minister's delegate to waive the condition in prescribed circumstances. A waiver is not automatic, and in partner visa while on tourist visa cases it is often difficult to obtain.

The legal test for a waiver

Under paragraph 2.05(4)(a), the delegate must be satisfied that, since the visa was granted, compelling and compassionate circumstances have developed:

• over which the person had no control; and
• that resulted in a major change to the person's circumstances.

Each element must be met. Under paragraph 2.05(4)(c), a request for waiver must be made in writing. Under paragraph 2.05(4)(b), where a previous waiver request was refused, a new request must present circumstances that are substantially different from those considered before.

Why the relationship alone is usually not enough

Departmental policy addresses partner relationships directly. It states that, generally, where an applicant has married or commenced a de facto relationship with an Australian citizen or permanent resident, this would not be a matter over which the visa holder had no control. Policy says the same about pregnancy, unless there are complications that leave the person unfit to travel.

This is the most important point about condition 8503 and the partner visa while on tourist visa pathway. The relationship is the reason the person wants to stay. It is not, by itself, a reason the Department accepts for waiving the condition.

Policy also states that if the circumstances behind the waiver request existed before the visa was granted, the "change in circumstances" requirement cannot be met. A couple who were already in a relationship when the visitor visa was granted will find that their relationship cannot be the change that justifies a waiver.

Circumstances that may support a waiver

Departmental policy gives a non-exhaustive list of scenarios that may amount to compelling and compassionate circumstances. They include:

• travel restrictions that prevent departure;
• the visa holder being unfit to travel because of serious injury or a serious medical condition;
• the death or serious medical condition of a close family member in Australia, where the visa holder is needed to provide support;
• a natural disaster in the home country; and
• war or severe civil unrest in the home country.

Each request is assessed on its own merits. Evidence is essential. Where the request relies on a medical condition, the delegate will consider evidence from a registered medical practitioner.

What a waiver achieves

If the condition is waived, the person may then make a valid onshore application. A waiver does not grant the partner visa. The partner visa while on tourist visa application must still be lodged and must still meet every criterion. The visitor visa expiry date continues to matter, because timing still decides whether Schedule 3 applies.

If a waiver is refused, the person cannot make a valid onshore partner visa application while the condition applies. The alternative is usually to depart and apply offshore. The firm's page on the Subclass 309 offshore partner visa describes that pathway.

Preparing a waiver request

A waiver request should state the facts clearly, explain when the circumstances arose, explain why they were beyond the person's control and what major change they caused, and attach the evidence. It should not argue that the relationship itself is the compelling circumstance, because policy is against that argument. It should be lodged well before the visitor visa expires.

Other visitor visa conditions that matter

Condition 8503 is the main barrier, but other conditions on a visitor visa also affect a partner visa while on tourist visa plan. They do not stop the application being made, but they govern what the person can do while the visitor visa remains in effect.

Condition 8101: no work

Condition 8101 means the holder must not engage in work in Australia. It is mandatory on a Subclass 600 visa in the Tourist, Sponsored Family and Approved Destination Status streams. Work is defined in regulation 1.03 as an activity that, in Australia, normally attracts remuneration.

Condition 8101 continues to apply while the visitor visa is in effect, even after a partner visa while on tourist visa application has been lodged. Lodging does not create work rights on the visitor visa. Working in breach of condition 8101 can expose the visa to cancellation and can damage the partner visa application.

Condition 8115: business visitor activity only

Condition 8115 appears on the Subclass 601 Electronic Travel Authority and the Subclass 651 eVisitor. It means the holder must not work in Australia other than by engaging in a business visitor activity. As with condition 8101, it continues to apply while the visitor visa is in effect.

Condition 8201: study limit

Condition 8201 limits study or training while the visitor visa is in effect. It appears on most visitor visas. It rarely affects the partner visa itself, but breaching it can create character and compliance issues.

Condition 8558: limit on total stay

Condition 8558 may be imposed on a Tourist stream visa on a discretionary basis. It limits how long the holder may stay in Australia within a set period. It does not prevent a partner visa application from being made, but it affects how long the visitor visa can be used and should be checked when planning timing.

Condition 8501: health insurance

Condition 8501 requires the holder to maintain adequate health insurance while in Australia. It may be imposed on a Tourist stream visa. Lapses can be raised as a compliance issue, so insurance should be kept current until the visitor visa ends.

Compliance with visitor visa conditions matters because the Department looks at the person's overall immigration history when assessing a partner visa while on tourist visa application. A clean record of compliance supports the application. A record of breaches does not.

Compliance also matters if things go wrong. If the visitor visa ends before lodgement, criteria 3003 and 3004 ask whether the person complied substantially with the conditions of their last substantive visa. A partner visa while on tourist visa applicant who worked in breach of condition 8101 may then struggle to meet Schedule 3, as well as facing possible cancellation of the visitor visa itself.

Timing: lodging before the visitor visa expires

The single most important practical rule for a partner visa while on tourist visa applicant is to lodge a valid application while the visitor visa is still in effect.

Why the expiry date matters

Under subparagraph 820.211(2)(d)(ii), an applicant who is not the holder of a substantive visa when the application is made must satisfy Schedule 3 criteria 3001, 3003 and 3004, unless the Minister is satisfied there are compelling reasons for not applying them. A visitor visa is a substantive visa. A bridging visa is not. So:

• lodging while the visitor visa is in effect means Schedule 3 does not apply; and
• lodging after the visitor visa has ended means Schedule 3 applies.

A valid application must be complete and must be lodged before midnight on the last day of the visitor visa. An application lodged one day late is assessed under a different and harder test.

Checking the correct date

The visitor visa expiry date is not always obvious. Some visitor visas have a stay period per entry that ends earlier than the visa's overall validity. The relevant date is the date the person's permission to stay ends. The grant notice and the Department's online visa check should both be read carefully. Where there is any doubt, the earlier date should be treated as the deadline.

Do not leave it to the last week

A partner visa while on tourist visa application cannot be lodged without the sponsor's details, identity documents and payment of the visa application charge. Payment issues, ImmiAccount errors and missing documents are common causes of last-minute failure. Couples should aim to be ready well before the expiry date. The firm's partner visa document checklist is a useful starting point.

What happens if the visitor visa expires first: Schedule 3

If the visitor visa ends before a valid application is lodged, the person becomes an unlawful non-citizen. A later partner visa while on tourist visa application is no longer, legally, an application made by a visitor visa holder. It is an application by a person without a substantive visa, and Schedule 3 applies.

Criterion 3001: the 28-day rule

Criterion 3001 is broadly satisfied if the application is validly made within 28 days after the person last held a substantive visa. Departmental policy explains that the first of the 28 days is the day after the last day the visa was held, and the application must be lodged on or before midnight of the 28th day. Policy also explains how weekends and public holidays affect the last day.

Criteria 3003 and 3004

Criteria 3003 and 3004 contain further requirements. They include that the person's unlawful status arose from factors beyond their control, that there are compelling reasons for granting the visa, that the person has complied substantially with the conditions of their last substantive visa, and that the person would comply with any conditions of the new visa.

The firm's articles on the Schedule 3 criteria for unlawful applicants and the Schedule 3 partner visa waiver explain each criterion in more detail, and the firm's Schedule 3 waiver page describes how these matters are handled.

Compelling reasons for not applying Schedule 3

Where Schedule 3 is not met, the application can still succeed if the Minister is satisfied that there are compelling reasons for not applying the criteria. The Full Federal Court in Waensila v MIBP [2016] FCAFC 32 held that the decision maker must consider all of the applicant's circumstances, as known up to the time of decision.

Departmental policy is cautious. It states that, as a general rule, a genuine relationship and the hardship of separation if the applicant had to apply offshore are not, by themselves, compelling reasons. Policy also states that where there is an Australian citizen child with a demonstrable link to the applicant, a decision may be made to waive the criteria in the best interests of the child.

The Tribunal regularly considers these issues. In Dau (Migration) [2023] AATA 1156, a Subclass 820 matter that the Tribunal remitted, the reported issues were that the applicant did not meet criterion 3001 and was not the holder of a substantive visa at the time of application. A remittal means the Tribunal sent the matter back to the Department for reconsideration. It is not a grant of the visa.

The lesson for anyone considering a partner visa while on tourist visa application is simple. Lodge before the visitor visa ends, and Schedule 3 never needs to be argued.

The bridging visa granted on lodgement

A valid partner visa while on tourist visa application made while the visitor visa is in effect usually results in the grant of a Bridging Visa A.

When the Bridging Visa A comes into effect

The Bridging Visa A does not replace the visitor visa straight away. The visitor visa stays in effect, with all its conditions, until it ends. The Bridging Visa A then comes into effect and keeps the person lawful while the partner visa application is processed. The firm's guides to Bridging Visa A and to bridging visas in Australia explain how bridging visas work.

Work rights on the Bridging Visa A

Departmental policy states that applicants for Subclass 820 and Subclass 801 visas must be granted an associated Bridging Visa A or Bridging Visa B with no conditions attached. This is under paragraph 010.611(1)(c) and the legislative instrument made under it. In practice, once the visitor visa ends and the Bridging Visa A comes into effect, the partner visa applicant is not subject to the visitor visa's no-work condition.

Until then, condition 8101 or condition 8115 on the visitor visa still applies. The firm's article on working while waiting for a Subclass 820 visa explains the position in more detail.

Travel on a bridging visa

A Bridging Visa A does not allow the holder to leave Australia and return. A person who leaves Australia while holding only a Bridging Visa A cannot return on it. Anyone who needs to travel during processing should apply for a Bridging Visa B before booking. Travel should also be planned with clause 820.411 in mind, because the applicant must be in Australia when the Subclass 820 visa is granted.

If the person was unlawful when they applied

Where the visitor visa expired before lodgement, the person cannot usually be granted a Bridging Visa A. They are generally considered for a Bridging Visa E instead, which has a different position on work and travel. This is another reason the partner visa while on tourist visa timing rule matters so much.

Visitor visa declarations and the integrity criterion

Every visitor visa application asks questions. It asks about the purpose of the visit, relationship status, employment and ties to the home country. A Subclass 600 applicant must also satisfy the Department that they genuinely intend to stay in Australia temporarily. Those answers are kept on the Department's file and they can be compared with the partner visa while on tourist visa application years later.

A change of intention is not the same as a false answer

A person who visits Australia as a genuine tourist and later decides to stay with their partner has not necessarily done anything wrong. People's plans change. Relationships develop. A visitor visa holder who did not plan to apply for a partner visa when they entered, and who later does so lawfully, is using a pathway the law allows, unless condition 8503 stands in the way.

The problem arises where the earlier answers were not true when they were given. Examples include a visitor visa application that described the applicant as single when they were already in a relationship with the sponsor, a stated purpose of tourism when the real purpose was to marry and remain, or a marital status that did not reflect the applicant's actual position.

Public interest criterion 4020

Partner visa applicants must satisfy public interest criterion 4020, the integrity criterion in Schedule 4 of the Migration Regulations 1994. Broadly, it can be failed where the applicant has given, or caused to be given, a bogus document or information that is false or misleading in a material particular. Failing it can lead to refusal and, in some circumstances, an exclusion period affecting future applications.

Tribunal decisions show how visitor visa answers resurface. In Pham (Migration) [2021] AATA 4350, a Subclass 820 matter that the Tribunal remitted, the reported issues were false or misleading information in a previous visitor visa application, where the applicant answered "married" but was separated at the time and later divorced, together with credible witness evidence. In TRUONG (Migration) [2024] AATA 680, another Subclass 820 remittal, the reported issues included false or misleading information in a material particular, a previous visitor visa application, marital status, and a couple who were separated but still living together.

These decisions do not mean every inconsistency leads to refusal. They show that the Department and the Tribunal read earlier visitor visa answers closely in a partner visa while on tourist visa matter.

Addressing an inconsistency before the Department raises it

Where an earlier answer was wrong, it should be addressed openly. The correct information and an honest explanation of how the error occurred should be given. Form 1023 is the Department's form for notifying incorrect answers. Where the Department has already raised a concern, it will usually invite comment first. The firm's article on the section 57 natural justice letter for a partner visa explains how those letters work.

The relationship timeline in the partner visa application must also be accurate. The partner visa relationship statement is the client's own evidence of the relationship, and its dates must be consistent with the visitor visa history. Any personal history form, such as Form 80, must match as well. The firm's Form 80 guide explains that form.

Marrying in Australia on a tourist visa

A visitor visa holder can marry in Australia. Australian law does not prohibit a person on a visitor visa from marrying an Australian citizen, permanent resident or eligible New Zealand citizen. A marriage that is valid under Australian law can support a partner visa while on tourist visa application as a married relationship.

The notice period

Under the Marriage Act 1961, a Notice of Intended Marriage must generally be given to the authorised celebrant at least one month before the wedding. Couples who plan to marry before lodging should build this notice period into their timeline and should not let a wedding date push the application past the visitor visa expiry date.

A couple does not need to be married to lodge. Where the couple meets the de facto requirements, the application can be made on that basis. Where they plan to marry later, the marriage can be notified to the Department during processing. The firm's article on Form 1022 change of circumstances explains how changes are notified.

Marriage does not remove condition 8503

Marrying in Australia does not lift condition 8503. Departmental policy treats marriage as generally not a matter beyond the visa holder's control for waiver purposes. A visitor visa holder with condition 8503 who marries in Australia is in the same position on the condition as before the wedding.

Subclass 300 holders

A person who entered Australia on a Subclass 300 Prospective Marriage visa is in a different legal position from a tourist and is outside the scope of this article.

Same-sex couples

The same rules apply to same-sex couples. The firm's LGBTI partner visa page covers issues specific to those applications.

When applying from outside Australia may be the safer course

A partner visa while on tourist visa application is not always the best option, even where it is legally available. In some situations an offshore application may be safer.

• Condition 8503 cannot realistically be waived. Where the only reason for the waiver is the relationship, an onshore application may not be possible at all.
• The visitor visa has already expired and Schedule 3 cannot be met. An argument for compelling reasons may still be available, but it carries real risk.
• There is a serious inconsistency in the visitor visa history. The integrity issue will need to be addressed whichever pathway is used, but timing and strategy may differ.
• A visa has been refused since the last entry to Australia. Section 48 of the Act may limit onshore applications. The firm's article on applying for a partner visa after a visa refusal explains this.
• The sponsor may not be able to sponsor. Sponsorship limits apply wherever the application is made, so a sponsor problem should be resolved first. The firm's article on when a sponsor cannot sponsor a partner visa explains the limits.

The choice between onshore and offshore is a legal judgement that depends on the facts. Where a partner visa while on tourist visa application is legally available and the history is clean, applying onshore keeps the couple together during processing. Where it is not available, or the risks are high, an offshore application may protect the couple's longer-term position. The decision should be made before any step is taken that cannot be undone.

Practical sequencing for a partner visa while on tourist visa

A partner visa while on tourist visa application goes best when the steps are taken in the right order.

• Read the visitor visa grant notice. Identify the subclass, stream, expiry date and every condition. Confirm whether condition 8503 is present.
• Confirm the real expiry date. Check whether a stay period per entry ends earlier than the visa itself.
• Review the earlier visitor visa answers. Compare what was said about relationship status, purpose and ties with the true relationship timeline.
• Confirm the sponsor can sponsor. Check sponsorship limitations and the sponsor's status.
• Decide how the relationship will be presented. Married or de facto, and whether a wedding is planned before or after lodgement.
• Gather the evidence. Identity documents, relationship evidence across the four aspects, and supporting statements.
• Lodge a complete, valid application before the visitor visa ends. Do not wait for every document. Further evidence can usually be provided after lodgement.
• Keep complying with the visitor visa conditions until it ends. Do not work in breach of condition 8101 or condition 8115.
• Plan travel carefully. Apply for a Bridging Visa B before any trip and remember the applicant must be in Australia at grant.

Applicants who appoint a representative do so using Form 956 or Form 956A. The Department will then usually send requests to the representative.

What to gather before lodging

Applicants preparing a partner visa while on tourist visa application should gather the following before lodgement where possible.

• The visitor visa grant notice and any earlier visitor visa grant notices.
• Passports, including the passport used to enter Australia.
• Identity documents for both partners, including birth certificates and any change of name documents.
• Evidence of the sponsor's status, such as an Australian passport, citizenship certificate or permanent residence evidence.
• Marriage certificate if the couple is married, or evidence of the de facto relationship if not.
• Relationship evidence across the four aspects: financial, household, social and commitment.
• Form 888 supporting statements from people who know the couple. The firm's guides on Form 888 for partner visas and Form 888 example answers and common mistakes explain these statements. Form 888 is a supporting statement, not a statutory declaration.
• Evidence of any previous relationships ending, such as divorce certificates.

The firm's 820 partner visa evidence checklist gives a fuller list. After lodgement, the Department may ask for more information. The firm's article on responding to a section 56 request explains those requests.

If the application runs into problems

Some partner visa while on tourist visa applications are refused. Common reasons include an invalid application because condition 8503 applied, a failure to meet Schedule 3, integrity concerns arising from visitor visa answers, and insufficient relationship evidence. The firm's articles on why partner visas get refused and the most common reasons Subclass 820 visas are refused explain these issues.

Where a decision can be reviewed, review deadlines are short and strictly applied. Anyone who receives a refusal should get advice immediately. The firm's pages on partner visa refusals and visa refusals, and its articles on partner visa refusal appeal options and what to expect at an ART review, explain the process, and the article on when you need a visa appeal lawyer explains the role of legal representation at review. A refused partner visa while on tourist visa application does not always mean the relationship was doubted. Many refusals turn on validity, timing or integrity issues that could have been identified before lodgement. Where a visa is at risk of cancellation, the visa cancellations page applies.

If the relationship ends during processing, the article on what happens if the relationship breaks down and the firm's family violence partner visa page explain the options.

Applicants who lodged their own application and now want help can read about hiring an immigration lawyer after lodging your own application. Where an application was prepared elsewhere, a second opinion from an immigration lawyer can identify problems early. Couples weighing up whether to get help can read the comparison of a partner visa lawyer and doing it yourself and the guide on how to choose a partner visa lawyer in Australia.

How My Migration Lawyers helps with a partner visa while on tourist visa

My Migration Lawyers acts in many partner visa matters where the applicant is in Australia on a visitor visa, including complex cases involving condition 8503, visitor visas close to expiry, applicants who have already become unlawful, and visitor visa histories that do not match the relationship. The firm is capable of handling these matters from the first assessment through to any review.

On a partner visa while on tourist visa matter, the firm's work is specific to the issues described in this article.

• Reading the visitor visa grant. The firm checks the subclass, stream, conditions and the real expiry date, and confirms whether condition 8503 applies.
• Advising on condition 8503. Where the condition applies, the firm advises whether a waiver under subregulation 2.05(4) is realistically available on the facts, and if so, prepares the written request with the supporting evidence.
• Setting the timeline. The firm works back from the visitor visa expiry date so that a valid application is lodged while the visitor visa is in effect and Schedule 3 does not arise.
• Checking the visitor visa history. The firm compares earlier visitor visa answers with the relationship timeline and advises how any inconsistency should be addressed, including by Form 1023 where appropriate.
• Presenting the relationship evidence. The firm presents the client's own account and evidence in the form the law requires. The relationship statement remains the client's own evidence, reviewed and corrected by the client.
• Schedule 3 matters. Where the visitor visa has already ended, the firm advises on criteria 3001, 3003 and 3004 and prepares submissions on compelling reasons.
• Bridging visas and travel. The firm advises on the Bridging Visa A, work rights once it comes into effect, and Bridging Visa B applications before travel.

Consultations are held by video, and the firm acts for couples across Australia. Clients often come through the firm's pages for partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, Canberra, Hobart, the Gold Coast and Parramatta. The firm's partner visa work is described on the partner visa lawyers page, and its Principal Lawyer, Weiwei Zhang, oversees the partner visa practice. More about the firm is on the about page.

If you are in Australia on a visitor visa and want to know whether you can apply for a partner visa while on tourist visa status, have your position checked before the visitor visa ends. Book a consultation, or call 1300 040 300.