Can a Lawyer Help Me Apply for a Partner Visa on a Visitor Visa?
Key points
- Condition 8503 No Further Stay prevents an onshore Subclass 820 application unless it is waived first.
- An 8503 waiver requires compelling and compassionate circumstances that developed after the visa was granted, beyond the holder's control, causing a major change in circumstances.
- An onshore applicant without a substantive visa must generally meet Schedule 3 criteria.
- PIC 4020 allows refusal where false or misleading information was given, including in an earlier visitor visa application.
What does a lawyer check first for a visitor visa holder?
A lawyer checks first whether the visitor visa has condition 8503 No Further Stay, because that condition blocks an onshore Subclass 820 application unless the Department waives it. A new relationship alone often does not meet the waiver test. Where there is no 8503 condition, the lawyer confirms the visitor visa expiry date so the application can be lodged while the visa is valid. Our article on partner visa no further stay explains the condition.
Why do visitor visa statements matter in a partner visa?
Visitor visa statements matter in a partner visa because the Department compares what the visitor said about the purpose of the visit, relationships and plans with what the partner visa application says. A visitor who said there was no partner in Australia, or that the visit was only for tourism, may face questions under PIC 4020 if the partner visa tells a different story. A lawyer reads the visitor application first and addresses any difference honestly. Our article on tourist visa to partner visa explains the risks.
Is it better to apply onshore or offshore from a visitor visa?
Whether it is better to apply onshore or offshore from a visitor visa depends on the visa conditions, the applicant's history and where the couple wants to live during processing. An onshore Subclass 820 lets the applicant stay in Australia on a bridging visa, while an offshore Subclass 309 avoids 8503 and Schedule 3 issues but requires the applicant to be outside Australia at grant. Our article on whether you can apply for a partner visa on a tourist visa compares the options, and our page on the Subclass 309 visa explains the offshore path.
What if the visitor visa has already expired?
Where the visitor visa has already expired, the applicant is unlawful and an onshore partner visa can only proceed if the Schedule 3 criteria are met or waived for compelling reasons. A genuine relationship and the hardship of separation are generally not enough on their own. The applicant should get advice immediately. Our page on Schedule 3 waivers explains how waiver requests are built.
Can we marry in Australia on a visitor visa?
A couple can generally marry in Australia while one partner holds a visitor visa, because the visa does not prevent marriage. Marriage does not by itself remove condition 8503 or the need to lodge correctly. Our article on partner visa condition 8503 waivers explains why marriage is not usually a change that meets the waiver test on its own.
How does My Migration Lawyers act for visitors applying for a partner visa?
My Migration Lawyers acts for visitors applying for a partner visa by reviewing the visitor visa grant and the original visitor application before any advice is given, so the strategy rests on the actual conditions and statements on the Department's file. The firm then advises whether an onshore lodgement, a waiver request or an offshore Subclass 309 is the safer path, and prepares the chosen application. Couples can speak with our partner visa lawyers.
Get Clear Answers on Your Visa Options
Related Questions
Who Reviewed This Page
Weiwei Zhang