What Is the Best Time to Lodge a Partner Visa?

When is it too early to lodge a partner visa?

It is too early to lodge a partner visa when a de facto couple has not yet been in the relationship for 12 months and the relationship is not registered, or when the evidence does not yet show the relationship clearly. An application lodged before the requirements are met can be refused, and the charge is lost. Our article on the de facto partner visa and the 12-month rule explains how the 12 months are counted and when registration removes the requirement.

When is it too late to lodge a partner visa?

It is too late to lodge an onshore partner visa on a straightforward path once the applicant's substantive visa has expired. An applicant without a substantive visa must generally meet Schedule 3 criteria, which require compelling reasons. Lodging while the current visa is still in effect usually means a bridging visa comes into effect when that visa ends. Our article on Schedule 3 criteria for a partner visa explains what happens if the visa has already expired.

Does condition 8503 change when a partner visa can be lodged?

Condition 8503 No Further Stay changes when a partner visa can be lodged in Australia, because the applicant cannot validly apply until the Department waives the condition. The waiver request must be made and decided first, so a holder of a visa with condition 8503 needs to start well before the visa expires. Our article on the partner visa condition 8503 waiver explains the test.

Does the lodgement date affect the permanent partner visa stage?

The lodgement date affects the permanent partner visa stage because the Department generally assesses the Subclass 801 or Subclass 100 once two years have passed since the combined application was lodged. Couples who are ready to lodge gain nothing by waiting, as the timeline only starts at lodgement. Waiting past 1 July can also mean paying a higher charge, as explained in our article on partner visa fee increases. Lodging a decision-ready application on time is better than lodging a perfect application late.

Does travel affect when to lodge an offshore partner visa?

Travel affects when to lodge an offshore partner visa because the Subclass 309 applicant must be outside Australia when the application is lodged and, generally, when the visa is granted. Couples planning time together in Australia should arrange travel so the applicant is outside Australia when the decision is likely. Our guide to partner visa overseas travel explains the travel rules at each stage.

How can My Migration Lawyers set the right lodgement date for your partner visa?

My Migration Lawyers works backwards from the dates that carry real consequences, such as visa expiry, the 12-month mark and the 1 July charge review, and sets a lodgement date that protects the applicant's status. Where a visa is about to expire, the firm prepares and lodges urgently rather than letting the applicant fall into Schedule 3. Couples applying in Australia can read about our work on the Subclass 820 visa.