My Husband Is on a Tourist Visa and We Just Married. Who Can Help With a Partner Visa?

Can my husband apply for a partner visa on a tourist visa?

A husband on a tourist visa can apply for a Subclass 820 partner visa in Australia where his visitor visa does not carry condition 8503 and he lodges before the visitor visa expires. The application is combined with the permanent Subclass 801. Where these conditions are met, he usually receives a bridging visa that allows him to remain in Australia while the application is processed. Our article on partner visas while on a tourist visa explains the rules in detail.

What if my husband's tourist visa has condition 8503?

A husband whose tourist visa has condition 8503 must obtain a waiver before he can lodge a Subclass 820 application in Australia. A waiver requires compelling and compassionate circumstances that developed after the visa was granted, that were beyond his control and that caused a major change in his circumstances. Starting a new relationship or marrying alone often does not meet this test. Our article on the condition 8503 waiver explains the test, and our article on Subclass 820 and condition 8503 explains the alternatives.

What happens if my husband's tourist visa has already expired?

A husband whose tourist visa has already expired is unlawful in Australia and must generally meet Schedule 3 criteria for a Subclass 820 to be granted. Schedule 3 can be waived only for compelling reasons, and departmental policy treats a genuine relationship and the hardship of separation as generally not enough on their own. Our page on Schedule 3 waivers explains how these cases are prepared.

Should my husband leave Australia and apply for a Subclass 309 instead?

A husband who cannot safely apply in Australia may apply for the offshore Subclass 309 and Subclass 100 from outside Australia, with his Australian wife as sponsor. This avoids condition 8503 and Schedule 3, but he must generally be outside Australia when the Subclass 309 is granted, and the couple may spend a long period apart while it is processed. Any visitor visa he later seeks to return during processing is assessed separately. Our page on the Subclass 309 visa explains the offshore path.

What evidence do newly married couples need for the partner visa?

Newly married couples need evidence of the marriage and of a genuine and continuing relationship, even if the relationship is recent. Married couples do not need to meet the de facto 12-month requirement, but the Department looks closely at short relationships and at marriages that occur during a visitor visa stay. Our article on partner visa short relationships explains how to evidence a newer marriage.

How does My Migration Lawyers help when a husband on a tourist visa has just married?

My Migration Lawyers acts quickly for newly married couples where the husband holds a tourist visa, because the visa expiry date and condition 8503 decide what can be done and the window may be short. The firm reads the visa grant notice, checks the husband's visa history and advises whether to lodge in Australia now, seek a waiver or prepare an offshore application. It then prepares the application and the evidence. Couples in this position can contact our partner visa lawyers before the visa ends.