Partner Visa From a Working Holiday Visa

A partner visa working holiday visa application is one of the most common onshore pathways in Australia. A person on a Working Holiday visa (Subclass 417) or a Work and Holiday visa (Subclass 462) meets an Australian partner, the relationship becomes serious, and the couple wants to stay together in Australia. The question is whether the partner visa working holiday visa route allows them to lodge onshore, and what happens to work, travel and status once they do.

The short answer is that most working holiday visa holders can lodge a combined Subclass 820 and Subclass 801 partner visa application in Australia, provided they do it while their visa is still in effect and no "no further stay" condition blocks them. The details matter, and they are different for a Subclass 417 holder and a Subclass 462 holder.

This article explains the partner visa working holiday visa pathway under the Migration Act 1958 and the Migration Regulations 1994. It covers eligibility to lodge onshore, the no further stay conditions to check, the timing of lodgement, condition 8547 and work rights, second and third year visas, the relationship evidence that working holiday couples usually have and how to strengthen it, travel on a Bridging visa B, and what happens if the visa expires first. For the wider picture of every partner pathway, see the complete guide to partner visas in Australia.

Can You Apply for a Partner Visa on a Working Holiday Visa?

Yes. A partner visa working holiday visa application can generally be made in Australia while the Subclass 417 or Subclass 462 visa is in effect, as long as the visa does not carry a no further stay condition and the applicant meets the validity requirements for the Subclass 820. Holding a working holiday visa is not, by itself, a barrier to an onshore partner application.

The Subclass 820 is the temporary stage of the onshore partner visa. It is lodged together with the Subclass 801, which is the permanent stage. Paragraph 1214C(3)(a) of Schedule 1 to the Regulations requires the two applications to be made at the same time and on the same form. Paragraph 1214C(3)(c) requires the applicant to be in Australia, but not in immigration clearance, when the application is made. A working holiday visa holder who has already entered Australia and been cleared at the airport satisfies that location requirement.

The applicant must also be the spouse or de facto partner of an eligible sponsor, which is generally an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. The relationship must be genuine and continuing. The structure of the onshore stage is explained in the Subclass 820 partner visa guide and the onshore partner visa requirements guide.

Why the onshore route suits working holiday couples

For most couples, the partner visa working holiday visa route is attractive because the applicant can stay in Australia with their partner while the application is processed. The alternative, the offshore Subclass 309 visa, requires the applicant to be outside Australia when it is lodged and granted. For a couple who are already living together in Australia, leaving to lodge offshore usually makes little sense if an onshore application is available.

The onshore route also brings a bridging visa. If the application is lodged while the working holiday visa is in effect, the applicant is granted a Bridging visa A, which keeps them lawful after the working holiday visa ends. That bridging visa is the reason timing is so important, and it is explained in detail below.

Subclass 417 and Subclass 462: the same pathway, different conditions

The Working Holiday visa (Subclass 417) and the Work and Holiday visa (Subclass 462) are different visa subclasses with different eligible countries and different eligibility requirements. For the partner visa working holiday visa question, the pathway is the same. Both are substantive visas, and both allow the holder to lodge a Subclass 820 onshore if no no further stay condition applies.

The key difference is the conditions that may be attached to the visa. A Subclass 462 can carry condition 8540, a discretionary no further stay condition that applies only to that subclass. A Subclass 417 does not carry condition 8540. Both visas usually carry condition 8547, which limits work with any one employer. Check the exact conditions on your own grant notice rather than relying on what a friend's visa says.

Who this article is not about

This article is about holders of a Subclass 417 or Subclass 462 visa. Applicants on a visitor visa face a different set of conditions, explained in the article on moving from a tourist visa to a partner visa in Australia. Applicants who have already lodged and hold a Bridging visa A can read the guide to Subclass 820 work rights and bridging visas. Applicants who hold a Subclass 300 Prospective Marriage visa follow a different path to the Subclass 820.

Does a Working Holiday Visa Carry a No Further Stay Condition?

Usually not for a Subclass 417, but possibly for a Subclass 462. Condition 8503 is not one of the conditions the Department's policy lists as mandatory for working holiday visas, and it is not usually imposed on a Subclass 417. A Subclass 462, however, can be granted with condition 8540, which is a discretionary no further stay condition that only applies to the Subclass 462. Every partner visa working holiday visa case should start by checking the conditions on the grant notice and on VEVO.

What a no further stay condition does

A no further stay condition stops the holder from being granted most substantive visas while they remain in Australia. Under subsection 46(1A) of the Act, a person whose visa carries a condition of this kind generally cannot make a valid application for a Subclass 820 while in Australia. There are four "no further application" conditions in Schedule 8 to the Regulations:

• Condition 8503: 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.
• Condition 8534: a student guardian and student related condition that allows only certain visas.
• Condition 8535: a condition for certain government sponsored students.
• Condition 8540: the holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa or a Subclass 462 (Work and Holiday) visa, while the holder remains in Australia.

For a partner visa working holiday visa applicant, the conditions that matter are 8503 and 8540. Condition 8540 still allows a further Subclass 462, but it does not allow a Subclass 820. If it is on your visa, an onshore partner application is blocked unless the condition is waived.

How to check your conditions

The conditions are listed on the visa grant notice and in the Visa Entitlement Verification Online (VEVO) system. Check both. If you cannot find the grant notice, VEVO is the reliable record. Look for the condition numbers, not just the description. A partner visa working holiday visa application lodged without checking conditions can turn out to be invalid, and an invalid application does not produce a bridging visa.

If you created your own ImmiAccount, the ImmiAccount guide explains how to find your visa documents. If someone else lodged your working holiday visa for you, ask them for the grant notice, but always confirm against VEVO.

The waiver of condition 8503 or 8540

If a no further stay condition applies, the only path to an onshore partner application is a waiver under subsection 41(2A) of the Act and subregulation 2.05(4) of the Regulations. A waiver request is made on Form 1447. The visa holder must show that, since the visa was granted, compelling and compassionate circumstances have developed over which they had no control and which have resulted in a major change to their circumstances.

The policy is strict on relationships. The Department's instruction on no further application conditions states that, generally, marrying or entering a de facto relationship with an Australian citizen or permanent resident is not a matter outside the visa holder's control. A new relationship formed during a working holiday will rarely be enough on its own. Form 1447 also warns that lodging a waiver request does not keep you lawful if your visa expires before the request is decided. The Subclass 820 and condition 8503 article explains how waiver requests are assessed.

Why You Should Lodge Before Your Working Holiday Visa Ends

You should lodge the partner visa working holiday visa application while your Subclass 417 or Subclass 462 is still in effect, because that is what produces a Bridging visa A and keeps Schedule 3 out of the case. Lodging even one day after the visa ends changes the bridging visa class, its conditions, the right to travel and the criteria the Subclass 820 must meet.

Holding a substantive visa at lodgement gives you a Bridging visa A

A working holiday visa is a substantive visa. Subsection 5(1) of the Act defines a substantive visa as a visa other than a bridging visa, a criminal justice visa or an enforcement visa. If you hold a substantive visa when you lodge a valid Subclass 820 application, you will generally be granted a Bridging visa A (Subclass 010). The Bridging visa A guide explains this visa class in general terms.

If you do not hold a substantive visa when you lodge, you will usually be granted a Bridging visa C instead, or a Bridging visa E if a Bridging visa C is not available. A Bridging visa C usually carries condition 8101 (no work), and it cannot be used to obtain a Bridging visa B for travel. The overview of bridging visas A, B, C and E sets out the differences.

The Bridging visa A waits in the background

The Bridging visa A is granted when the partner application is found valid, but it does not come into effect until your working holiday visa ceases. The Department's bridging visa policy states this directly. Until the working holiday visa ends, you remain in Australia on the working holiday visa, with all of its conditions. This is the point most partner visa working holiday visa applicants misunderstand.

A bridging visa cannot be backdated, and this rule applies to every partner visa working holiday visa applicant. If there is a gap between the end of the working holiday visa and the grant of a bridging visa, you are unlawful for that gap. Lodging a valid application before the working holiday visa ends is the only way to avoid that risk.

Do not leave lodgement to the last week

Working holiday couples often wait until the working holiday visa is about to end before they think about a partner visa. Then a document is missing, a police certificate has not arrived, or the sponsor is away for work. The visa ends, and the couple lose the Bridging visa A outcome. Prepare early. The partner visa document checklist and the Subclass 820 evidence checklist show what to gather. A partner visa working holiday visa application does not need every document to be perfect on the day it is lodged, but it must be valid.

Partner Visa Working Holiday Visa Timing: Second and Third Year Visas

A second or third working holiday visa can buy time before a partner visa working holiday visa application is lodged, but it does not change the partner criteria and it carries its own requirements. A second or third Subclass 417 or Subclass 462 is a separate visa application, decided on its own criteria, including the specified work the applicant must have completed. It is not an extension of the first visa.

Using a further working holiday visa to delay lodgement

Some couples are not ready to lodge a partner visa working holiday visa application when the first working holiday visa ends. The relationship may be new, or the couple may not yet have enough evidence. A further working holiday visa can keep the applicant lawful while the relationship develops. That can be a sensible plan, but only if the applicant is genuinely eligible for the further visa and applies for it in time.

The risk is relying on a further working holiday visa that is then refused. If the first visa has ended and the further visa is refused, the applicant may be left without a substantive visa. A partner visa lodged after that point brings in Schedule 3. Any partner visa working holiday visa plan that depends on a second or third visa should include a fallback date for lodging the partner application.

What happens if a further working holiday visa is granted after you lodge

If you lodge the partner application and are then granted a further working holiday visa, you hold both the further working holiday visa and the Bridging visa A. The working holiday visa is the visa in effect. The Bridging visa A stays in the background and comes into effect when the working holiday visa ends, if the partner application has not been decided by then. While the working holiday visa is in effect, its conditions apply, including condition 8547.

For most applicants, there is little advantage in seeking a further working holiday visa after the partner visa working holiday visa application has been lodged, because the Bridging visa A generally carries no work conditions once in effect. The exception is a person who needs to travel and cannot obtain a Bridging visa B for that trip. Each situation needs advice before another visa application is lodged.

Condition 8540 on a later Subclass 462

Condition 8540 is imposed at the Department's discretion. One Subclass 462 may be granted without it and a later one with it. Check the conditions on every working holiday visa you hold, not just the first, before any partner visa working holiday visa application is lodged. The conditions on the visa you hold on the day you lodge the partner application are the ones that decide whether the partner application is valid.

Work Rights While the Partner Visa Working Holiday Visa Application Is Pending

Your work rights depend on which visa is in effect. While your working holiday visa is still in effect, its conditions continue to apply, including condition 8547, which limits work with any one employer. Once the working holiday visa ends and the Bridging visa A comes into effect, a Subclass 820 applicant generally has no work conditions at all.

Condition 8547: the six-month limit with one employer

Condition 8547 provides that the holder must not be employed by any one employer for more than six months without the prior permission in writing of the Secretary. It usually appears on both the Subclass 417 and the Subclass 462. Lodging a partner visa working holiday visa application does not remove condition 8547 while the working holiday visa is still the visa in effect.

This catches many partner visa working holiday visa applicants. A person lodges the partner application, assumes they now have "partner visa work rights", and keeps working for the same employer past six months while the working holiday visa is still running. That is a breach of a visa condition. A breach can expose the working holiday visa to cancellation, and a cancellation can affect the partner application and the bridging visa. The visa cancellations service page explains how cancellation matters are handled.

Before relying on any exception in a partner visa working holiday visa case, note that the Department has, at different times, allowed exceptions or permissions under condition 8547 for particular industries or circumstances. Those arrangements change. Check the current position for your employer and industry before you rely on any exception, and keep a record of any written permission you receive.

Why the Bridging visa A has no conditions for partner applicants

A Bridging visa A granted to a Subclass 820 and Subclass 801 applicant carries no conditions. Paragraph 010.611(1)(c) of Schedule 2 provides for nil conditions where the applicant is in a class of persons specified by legislative instrument, and that instrument specifies onshore partner applicants whose application has not been finally determined. For most other visa types, the Bridging visa A carries over the work conditions of the previous visa. Partner applicants are treated differently.

For a partner visa working holiday visa applicant, this means condition 8547 does not carry over to the Bridging visa A. Once the working holiday visa has ended and the Bridging visa A is in effect, the applicant can generally work for any employer, for any period, and in any role. Professional licensing and registration rules still apply in the usual way. The guide to Subclass 820 work rights and bridging visas explains this in more detail.

Check VEVO when the working holiday visa ends

On the day after the working holiday visa ends, check VEVO. It should show the Bridging visa A as the visa in effect, with no conditions. Employers often ask for a VEVO check when an employee's visa changes, and partner visa working holiday visa applicants are no exception. Give your employer the updated VEVO result, so they understand that the six-month limit no longer applies to you.

Work rights in short

• Before lodgement: working holiday visa conditions apply, including condition 8547.
• After lodgement, while the working holiday visa is still in effect: working holiday visa conditions still apply, including condition 8547.
• After the working holiday visa ends, on a Bridging visa A: generally no work conditions for a Subclass 820 applicant.
• If you lodged after the working holiday visa ended, on a Bridging visa C: usually condition 8101 (no work), unless a further Bridging visa C without condition 8101 is granted on the basis of a compelling need to work.

Relationship Evidence for a Partner Visa Working Holiday Visa Application

The relationship evidence in a partner visa working holiday visa case must show a genuine and continuing relationship across the four assessed aspects of the relationship: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. Working holiday couples often have evidence that looks different from a long-settled couple. That is not a problem in itself, but the evidence must be explained and organised so the decision maker can see the relationship clearly.

Married or de facto at the time of application

The Subclass 820 can be granted to a spouse or a de facto partner. The two legal categories have different requirements. A married couple must have a marriage that is valid for Australian migration purposes. A couple who are not married must generally satisfy the de facto requirements, including the requirement that the relationship has existed for at least 12 months immediately before the application, unless an exception applies. The Subclass 820 de facto 12 month article explains the rule and its exceptions.

In a partner visa working holiday visa case, the 12 month question is often the first practical hurdle, because many relationships begin during the working holiday itself. The date the relationship began, and the date the couple began living together, need to be identified accurately in the partner visa working holiday visa application. Do not guess these dates. Inconsistent dates across forms and statements are one of the most common reasons partner applications run into difficulty.

Short relationships are assessed on their substance

A short relationship is not a reason to refuse a partner visa. The question is whether the relationship is genuine and continuing, and whether the couple have a mutual commitment to a shared life together to the exclusion of all others. A partner visa working holiday visa applicant who met their partner a year ago can satisfy that test if the evidence shows a real, committed relationship.

What matters is how the relationship developed. When did you meet? When did you decide you were a couple? When did you start living together? When did you tell your families? What plans have you made? The answers should be consistent across the relationship statement, the application forms and any supporting evidence.

Travel together and moving around Australia

Many partner visa working holiday visa couples travel. They may have worked on farms, moved between regional towns, or travelled overseas together. Travel is evidence of the relationship. Joint bookings, shared itineraries, photographs at different stages, and messages planning trips can all show that the couple share their lives. They help with the social aspects and the nature of the commitment.

Travel can also create gaps. A couple who moved four times in a year may not have a single lease in both names. A couple who worked in different regions for a few months may have spent time apart. Periods apart do not prevent a genuine relationship, but they must be explained, and the evidence should show how the couple stayed in contact and planned their future while apart.

Share houses, hostels and farm accommodation

Partner visa working holiday visa couples often live in share houses, hostels, caravan parks or employer-provided accommodation. Their names may not appear on a formal lease. That is common, and it can be addressed. Useful evidence includes:

• letters or Form 888 statements from housemates, landlords or accommodation providers confirming the couple lived together as a couple;
• receipts or bank records showing rent paid for the couple, or rent split between them;
• mail addressed to both partners at the same address, including bank statements, Medicare or tax correspondence;
• photographs of the shared living space and the couple's daily life; and
• messages showing household arrangements, such as shopping lists, bill sharing and chores.

Living in a share house with other tenants does not mean the couple do not share a household. The decision maker looks at how the couple live together, not whether they live alone.

Financial evidence when both partners earn casual wages

Partner visa working holiday visa couples often have separate bank accounts, casual wages and different employers. They may not own any assets. Financial evidence for these couples usually focuses on how money actually moves between them: transfers for rent, shared grocery spending, joint travel costs, and support when one partner was not working. A joint bank account opened shortly before lodgement is not, by itself, strong evidence. Real spending patterns over time carry more weight.

If one partner supported the other during a period without work, explain it. If the couple share expenses through a payment app rather than a joint account, provide records from that app. The guide to evidence of a genuine relationship and the article on preparing evidence of a genuine relationship explain the categories in more detail.

Social evidence when families live overseas

The applicant's family is usually overseas. The sponsor's family may have met the applicant only a few times. That is normal for a partner visa working holiday visa couple. Social evidence can include invitations addressed to the couple, photographs with the sponsor's family and friends, messages with family members overseas, and video calls with both families. Form 888 statements from Australian citizens or permanent residents who know the couple are an important part of this evidence. The Form 888 examples article shows what useful statements contain.

Strengthening the evidence before and after lodgement

Evidence does not stop on the day the application is lodged. The Subclass 820 is decided on the circumstances at the time of decision as well as at the time of application. Keep building the evidence while the partner visa working holiday visa application is processed. Move onto a lease together if you can. Add both names to utility accounts. Keep records of shared expenses. Update the Department with significant new evidence where it helps. Same-sex couples can read about the LGBTI partner visa, and couples whose sponsor has sponsored a partner before should read about sponsorship limitations.

Can You Travel While Your Partner Visa Working Holiday Visa Application Is Pending?

Yes, but the rules depend on which visa is in effect. While your working holiday visa is still in effect, you may travel on it, subject to its own conditions. Once the working holiday visa ends and the Bridging visa A is in effect, the Bridging visa A does not allow travel. You must obtain a Bridging visa B before you leave Australia, or the Bridging visa A ceases when you depart.

Travelling while the working holiday visa is still in effect

A Bridging visa A that is not yet in effect does not cease if you leave Australia. If you leave and return on the same working holiday visa, the Bridging visa A remains held and comes into effect when the working holiday visa ends. The danger is the working holiday visa ending while you are overseas. If that happens, the Bridging visa A also ceases, and you may have no visa to return on. Check the exact end date of the working holiday visa before booking any trip.

What a Bridging visa B requires

A Bridging visa B (Subclass 020) is a separate application, and a visa application charge is payable to the Department. To be granted a Bridging visa B, you must hold a Bridging visa A or a Bridging visa B, have a valid application for a substantive visa that has not been finally determined, have substantial reasons for leaving and returning, and satisfy the passport requirement in public interest criterion 4021. A Bridging visa B for a partner applicant also carries no conditions under paragraph 020.611(1)(b). The Bridging visa B guide explains the application in detail.

A Bridging visa B is granted with a travel facility period. You must leave and return within that period. If the travel facility period ends while you are outside Australia, the Bridging visa B ceases, and you cannot apply for a new one from overseas. There is no way to extend the travel facility period once it has been granted.

Travel risks during processing

Even with a Bridging visa B, travel during a partner visa working holiday visa application carries risk. Clause 820.411 requires the applicant to be in Australia when the Subclass 820 is granted. If you are overseas when the Department is ready to decide, the grant may be delayed, or the application may be refused. A refusal while you are overseas can also affect your ability to seek review, because an applicant must be in Australia to apply to the Administrative Review Tribunal (ART) for review of a Subclass 820 refusal. Get advice before booking travel, not after.

What Happens If Your Working Holiday Visa Expires Before You Lodge?

If your working holiday visa expires before you lodge, you become an unlawful non-citizen, the partner visa working holiday visa application will usually produce a Bridging visa C rather than a Bridging visa A, and the Subclass 820 becomes subject to Schedule 3. The application is still possible, but it is harder, and it should not be lodged without advice.

Schedule 3 criteria for onshore partner applicants

Under subparagraph 820.211(2)(d)(ii), a partner visa working holiday visa applicant who did not hold a substantive visa when they applied must satisfy Schedule 3 criteria 3001, 3003 and 3004, unless the Minister is satisfied that there are compelling reasons for not applying those criteria. Compelling reasons are assessed at the time of decision. The Schedule 3 criteria article explains each criterion.

The 28-day window satisfies criterion 3001 only

Criterion 3001 requires the application to be made within 28 days after the applicant last held a substantive visa, among other trigger points. Lodging within that window satisfies criterion 3001. It does not settle Schedule 3. Criterion 3004 is a separate criterion. Where it applies, the decision maker must be satisfied of several matters, including that the applicant became a person without a substantive visa because of factors beyond their control. Criterion 3003 concerns people who were unlawful on 31 August 1994 and rarely affects a recent working holiday visa holder.

Many sources say that lodging within 28 days "avoids Schedule 3". That is too simple. A partner visa working holiday visa applicant who lodges a week after the visa ended still needs the Schedule 3 position assessed properly, and may still need a compelling reasons argument.

Compelling reasons and the Department's policy

Departmental policy states that, as a general rule, a genuine relationship and the hardship of separation are not compelling reasons, because every partner applicant has a relationship and separation is common. Policy also states that where there is an Australian citizen child with a demonstrable link to the applicant, the criteria may be waived in the best interests of the child. Every partner visa working holiday visa case turns on its own facts. The Schedule 3 partner visa waiver article and the Schedule 3 waiver service page explain how these claims are prepared.

Do not leave Australia without advice

A partner visa working holiday visa applicant whose visa has expired sometimes decides to leave and lodge offshore instead. That can be the right decision in some cases, but departure as an unlawful non-citizen can create an exclusion period for some later visas under public interest criterion 4014, subject to exceptions. Get advice first. If your visa has expired and you need help quickly, the urgent advice guide explains what to gather.

What Tribunal Decisions Show About Short Relationships and Shared Accommodation

The partner visa Tribunal decisions reviewed for this article did not include one reported on a working holiday visa issue. The decisions below were selected because their reported issues reflect two features common in partner visa working holiday visa cases: a relationship that moved quickly, and a couple living in shared accommodation.

In each decision, the Tribunal set aside the refusal and remitted the matter, which means it sent the application back to the Department to reconsider. A remittal is not a grant. The issues listed are the issues the decisions were reported on:

• Wang (Migration) [2024] ARTA 822: a Subclass 820 case concerning a genuine and continuing relationship, where the couple were validly married two months after meeting, and the Tribunal considered the financial, household and social aspects of the relationship, the nature of the commitment and the couple's future plans.
• Ho (Migration) [2023] AATA 405: a Subclass 820 case remitted by the Federal Circuit and Family Court, concerning a genuine and continuing relationship, financial pooling and shared accommodation with other co-tenants.

The Ho decision was made by the Administrative Appeals Tribunal, which was replaced by the ART on 14 October 2024. These decisions do not establish that any particular fact will be accepted in a later case. What they do show is that a short relationship and a shared house are not, in themselves, the end of a partner application. The evidence of how the couple actually live, gathered and presented properly, is what decides these matters. The ART review guide explains what review involves.

Common Partner Visa Working Holiday Visa Mistakes

The most common partner visa working holiday visa mistakes are predictable, and most of them can be avoided if they are identified before lodgement.

• Not checking for condition 8540 or 8503. Lodging a partner application with a no further stay condition on the visa produces an invalid application and no bridging visa.
• Waiting until the working holiday visa has ended. Losing the Bridging visa A outcome by a few days changes the conditions, the travel position and the Schedule 3 position.
• Assuming lodgement removes condition 8547. The six-month limit with one employer continues until the working holiday visa ends.
• Relying on a further working holiday visa without a fallback plan. A refused second or third year application can leave the applicant without a substantive visa.
• Getting the relationship dates wrong. The dates the relationship began and the couple moved in together must be consistent everywhere.
• Travelling on a Bridging visa A. Leaving Australia on an in-effect Bridging visa A, without a Bridging visa B, ends the bridging visa.
• Treating share house living as "not living together". Couples in shared accommodation do share a household, and the evidence should show it.
• Using a template relationship statement. Generic statements do not reflect the couple's real history and are easy to identify.

These mistakes are behind many of the problems described in the article on why partner visas get refused.

A Partner Visa Working Holiday Visa Checklist Before Lodging

Before lodging a partner visa working holiday visa application, work through these steps in order. The checklist reflects the problems that most often derail a partner visa working holiday visa case.

• Confirm the visa and its end date. Check VEVO for the visa subclass, the end date and every condition number.
• Check for condition 8503 or 8540. If either applies, obtain advice on a waiver before anything else.
• Check for any earlier refusal or cancellation. A person who has had a visa refused or cancelled since last entering Australia, and who does not hold a substantive visa, may face the section 48 bar. The partner visa after a visa refusal article explains section 48.
• Confirm the legal category of the relationship. Married or de facto, and whether the de facto requirements are met at the time of application.
• Fix the key dates. When you met, when the relationship began, when you moved in together, and any periods apart.
• Gather evidence for each of the four aspects. Financial aspects, the nature of the household, social aspects and the nature of the commitment.
• Prepare the relationship statement and Form 888 statements. These are the couple's own evidence, and each person must read and confirm their own statement.
• Plan work around condition 8547. Until the working holiday visa ends, the six-month limit with one employer applies.
• Lodge a valid application before the working holiday visa ends. Keep the lodgement receipt and the bridging visa grant notice.
• Check VEVO again when the working holiday visa ends. Confirm the Bridging visa A is in effect with no conditions.

Applicants who also need to provide character information should read the Form 80 guide. Couples who are unsure whether to proceed without a lawyer can read the comparison of using a partner visa lawyer or lodging yourself.

After Lodgement: Processing, Requests and Refusal

After lodgement, the partner visa working holiday visa application is processed like any other Subclass 820 application. Processing can take a long time, and the timing varies. The Subclass 820 processing time article and the guide on how long the onshore partner visa takes explain what affects it. The relationship between the temporary and permanent stages is set out in the Subclass 820 vs Subclass 801 comparison.

During processing of a partner visa working holiday visa application, the Department may ask for more information. Answer every request on time. A section 56 request for more information or a section 57 natural justice letter has a deadline, and failing to respond can lead to refusal. If your circumstances change, such as a new address or a change in the relationship, you must tell the Department using Form 1022. If the relationship ends, the Subclass 820 relationship breakdown article explains the options, including the family violence provisions in Division 1.5 of the Regulations.

If the application is refused, the bridging visa continues for a limited period after the refusal, but the deadline to apply to the ART for review is short, strictly applied, runs from notification of the decision, and cannot be extended by the Tribunal. Act immediately. The Subclass 820 refusals article, the guide to partner visa refusal appeal options and the partner visa refusals service page explain the next steps. Where the Tribunal also affirms a refusal, judicial review may be available on questions of law. The firm's visa refusals page covers refusals across other visa types.

If you lodged yourself and are now worried about your partner visa working holiday visa position, the article on hiring a lawyer after lodgement explains how a lawyer can step in, the second opinion guide explains what a file review involves, and the Form 956 and 956A article explains how a representative is appointed.

How My Migration Lawyers Helps With a Partner Visa Working Holiday Visa Application

My Migration Lawyers treats every partner visa working holiday visa matter as a timing and status question first, and an evidence question second. The bridging visa outcome, the work conditions that apply and the Schedule 3 position are all fixed on the day the application is lodged, so the firm's work starts before lodgement.

In practice, the firm's approach follows these steps:

• Audit the working holiday visa. My Migration Lawyers checks the client's Subclass 417 or Subclass 462 on VEVO, including the end date, condition 8547 and any condition 8503 or 8540, and checks for any refusal or cancellation that could engage section 48. The firm obtains the visa history itself rather than asking the client to find old documents.
• Set a lodgement date. The firm works back from the end of the working holiday visa and sets a lodgement date that leaves room for problems, so that the Bridging visa A outcome is protected.
• Assess the relationship category and dates. The firm confirms whether the couple apply as spouses or de facto partners, and fixes the key dates from the couple's own records.
• Organise the evidence around the four aspects. For working holiday couples, that usually means explaining moves between regions, share house living, casual wages and time apart, using the evidence the couple actually have.
• Prepare the statements. The relationship statement and Form 888 statements are the couple's and witnesses' own evidence. The firm puts that evidence into the form the law requires, and each person reviews and corrects their own statement before it is signed.
• Lodge and manage the bridging visa. The firm lodges a valid application, confirms the Bridging visa A grant, explains when condition 8547 stops applying, and prepares any Bridging visa B application if travel is needed.
• Handle problems. Where the working holiday visa has already expired, the firm assesses the Schedule 3 position and prepares the compelling reasons submissions. Where a refusal issues, the firm identifies the review deadline immediately and acts on ART review where appropriate.

My Migration Lawyers acts in many onshore partner matters of this exact type, including partner visa working holiday visa applications for couples with short relationships, couples who moved around Australia, applicants with condition 8540, and applicants whose working holiday visa ended before they lodged. These cases are often more complex than they first appear, and the firm is equipped to handle them. Matters are supervised by Weiwei Zhang, Principal Lawyer. No outcome can be promised in any migration matter, but a clear assessment before you lodge is the step that prevents most avoidable harm.

The firm acts for clients across Australia, including through its partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Many working holiday visa holders live in regional areas, and consultations are held by video, so location is no barrier. You can learn more about My Migration Lawyers and its partner visa lawyers, or read what to expect from a consultation.

If your working holiday visa is close to its end date, if you are unsure whether your visa carries a no further stay condition, or if you want your partner visa working holiday visa application prepared properly from the start, speak to a lawyer before you lodge.

Book a consultation with My Migration Lawyers to have your partner visa working holiday visa position assessed. You can also call 1300 040 300.