Can a Lawyer Help Me Apply for a Partner Visa on a Student Visa?

What does a lawyer check before a student visa holder applies for a partner visa?

A lawyer checks the student visa's expiry date and conditions, whether any no further stay condition applies, the length and nature of the relationship, and the sponsor's eligibility before a student visa holder applies for a partner visa. Most student visas do not carry a no further stay condition, but some sponsored student visas do, and that must be confirmed. The lawyer also checks what the student told the Department about relationships in earlier applications. Our page on the Subclass 820 visa explains the onshore criteria.

Why does the timing of the application matter for students?

The timing of the application matters for students because lodging while the student visa is still valid generally avoids Schedule 3, which applies to onshore applicants without a substantive visa. Leaving the application until after the student visa expires can turn a straightforward application into one that needs a waiver for compelling reasons. Our article on Schedule 3 criteria explains the risk.

How does a lawyer deal with the 12-month de facto requirement?

A lawyer deals with the 12-month de facto requirement by mapping the relationship timeline, checking when the couple began living together and whether the relationship can be registered under a state or territory register to meet the exception in regulation 2.03A. Students who have not yet been together for 12 months may still have options. Our article on the de facto partner visa and the 12-month rule explains the exceptions.

What relationship evidence do students usually need help with?

Students usually need help showing the financial and household aspects of a relationship, because student budgets, shared accommodation and family financial support can make the evidence look thin. A lawyer helps present the real arrangements honestly, using leases, transfers, shared bills and Form 888 supporting statements from people who know the couple. Our article on partner visa evidence explains what case officers look for.

What happens to my studies after I apply?

After a student visa holder applies for a partner visa, the student visa and its conditions continue until the visa ends, so the student must keep meeting enrolment and attendance requirements. The Bridging Visa A then takes over, usually with broader work rights. Our article on Subclass 820 work rights and the Bridging Visa A explains how the changeover works.

Can a student visa refusal or cancellation affect the partner visa?

A student visa refusal or cancellation can affect the partner visa, because a refusal in Australia may trigger the section 48 bar and a cancellation may leave the applicant without a substantive visa. Partner visas generally remain available to applicants affected by section 48, but the history must be handled carefully. Our article on a partner visa after a visa refusal explains the position.

How does My Migration Lawyers act for students applying for a partner visa?

My Migration Lawyers acts for students applying for a partner visa by fixing a lodgement date that keeps the applicant on a valid visa, reviewing the student's earlier applications for consistency, and building relationship evidence that reflects how student couples actually live. The firm works on fixed fees agreed before work starts, and the sponsor and applicant both take part by video. Couples can speak with our partner visa lawyers.