Can I Apply for a Partner Visa on a 485 Graduate Visa?

Can a Subclass 485 holder apply for an onshore partner visa?

A Subclass 485 holder can apply for an onshore partner visa if they have an eligible sponsor and meet the relationship requirements. The application is lodged online for the Subclass 820 visa and the permanent Subclass 801 at the same time. The applicant should check the grant notice for conditions, but the Subclass 485 does not normally restrict a further application. Our article on the onshore partner visa explains the process.

Why is timing important for Subclass 485 holders?

Timing is important for Subclass 485 holders because lodging before the Subclass 485 ends keeps the applicant lawful and avoids the Schedule 3 criteria. An applicant who lodges after the Subclass 485 has ended does not hold a substantive visa, and Schedule 3 may then need to be addressed, as our article on Schedule 3 for partner visas explains. De facto couples must also have met the 12-month requirement by the date of lodgement, unless an exception applies.

What bridging visa does a Subclass 485 holder receive?

A Subclass 485 holder who lodges a partner visa generally receives a Bridging visa A. It comes into effect only when the Subclass 485 ends, so the applicant stays on the Subclass 485 until then. Our article on the Bridging visa A explains how it works, and our article on bridging visa work rights explains the work conditions.

Can a Subclass 485 holder travel overseas during the partner visa?

A Subclass 485 holder can usually travel overseas during the partner visa while the Subclass 485 is still in effect, because it permits travel. Once the Subclass 485 ends and the Bridging visa A takes over, the applicant needs a Bridging visa B before leaving Australia. Our article on partner visa overseas travel explains the risks. The applicant must be in Australia when the Subclass 820 is granted.

Should a Subclass 485 holder apply for a partner visa or a skilled visa?

Whether a Subclass 485 holder should apply for a partner visa or a skilled visa depends on the strength of the relationship, the person's skills and points position, and how soon each pathway could lead to permanent residence. Some applicants pursue both, provided each application is accurate and consistent with the other. A partner visa depends on the relationship continuing, while a skilled visa depends on occupation and invitation rules. Our article on the partner visa pathway compares partner visa options.

How does My Migration Lawyers help Subclass 485 holders with partner visas?

My Migration Lawyers helps Subclass 485 holders with partner visas by setting a lodgement date that falls before the Subclass 485 ends and after the relationship requirements are met, and by preparing the evidence so the application is decision-ready at lodgement. The firm explains the bridging visa position and travel rules so the applicant does not lose lawful status or leave Australia without the right bridging visa. Graduates can speak with our partner visa lawyers, led by Principal Lawyer Weiwei Zhang, who can consult in Mandarin.