How Long Can I Stay Overseas While My Partner Visa Is Pending?

Is there a fixed limit on time overseas while a Subclass 820 application is pending?

There is no fixed number of days in the law that limits time overseas while a Subclass 820 application is pending, but the applicant must be in Australia when the visa is granted. If the Department is ready to decide while the applicant is away, the visa cannot be granted until the applicant returns, and a long absence can lead to delay or refusal. Our article on partner visa overseas travel explains how to plan trips around this rule, and our page on the Subclass 820 visa sets out the location requirements.

What happens to my bridging visa when I leave Australia?

A bridging visa is affected as soon as the applicant leaves Australia. A Bridging Visa A ceases on departure and gives no right to return. An applicant who wants to travel and come back needs a Bridging Visa B granted before leaving, and must return within the travel period shown on the grant notice. Our articles on the partner visa Bridging Visa B and the Bridging Visa A explain how each one works.

Can a Subclass 309 applicant spend time in Australia while waiting?

A Subclass 309 applicant can visit Australia while waiting only if they hold a separate visa that allows entry, such as a visitor visa, and the Subclass 309 is generally granted while the applicant is outside Australia. Applicants who are in Australia when the Department is ready to decide must leave before grant. Our guide to the offshore partner visa explains how visits fit into the offshore process.

How does a long time apart affect the relationship evidence?

A long time apart affects the relationship evidence because the Department asks whether the couple live together or do not live apart on a permanent basis. Time apart for work, family or study is not fatal, but it should be explained, and the couple should keep evidence of regular contact, visits and shared plans. Our article on the partner visa long-distance relationship explains how separation is usually evidenced.

Do I need to tell the Department where I am while I am overseas?

An applicant who is overseas while the partner visa is pending must keep the Department informed of a current residential address and contact details. Requests for information carry short deadlines, and a request sent while the applicant is travelling still has to be answered on time. Our articles on the partner visa change of address and the section 56 request explain both obligations.

How can My Migration Lawyers help you plan time overseas during processing?

My Migration Lawyers reviews the applicant's bridging visa, the stage the application has reached and the reason for the trip, then advises whether a Bridging Visa B is needed and how long the applicant can safely be away. The firm also prepares a short explanation of the absence for the file, so the Department understands why the couple were apart. Couples planning travel can raise it with our partner visa lawyers before booking flights.