Is My Onshore Partner Visa Invalid If I Lodged It From Overseas?

Why is a Subclass 820 lodged from overseas invalid?

A Subclass 820 lodged from overseas is invalid because being in Australia at the time of application is a validity requirement for the onshore partner visa. Paragraph 1214C(3)(c) of Schedule 1 requires the applicant to be in Australia, but not in immigration clearance, when the application is made. The online system may accept the form and the payment, but acceptance does not make the application valid. Our page on the Subclass 820 visa explains the onshore rules.

How does this mistake usually happen?

This mistake usually happens when a couple prepares the onshore application while the applicant is in Australia, then the applicant travels for a family event or work and the form is submitted while they are away. It also happens when couples assume the onshore visa is for applicants who live in Australia, regardless of where they are on the day of lodgement. Our article on the onshore partner visa explains the location rule in practice.

What can we do if our onshore application was lodged from overseas?

A couple whose onshore application was lodged from overseas can usually lodge a valid offshore Subclass 309 while the applicant remains outside Australia, or wait until the applicant returns to Australia on a suitable visa and lodge a new Subclass 820. The right choice depends on the applicant's visa options, any condition 8503 on a visitor visa, and how long the couple can tolerate separation. Our article on the offshore partner visa and our page on the Subclass 309 visa explain the offshore pathway.

Can I travel overseas after lodging a valid Subclass 820?

An applicant can travel overseas after lodging a valid Subclass 820, but only with a Bridging Visa B or another visa that allows return, and the applicant must be back in Australia when the Subclass 820 is granted. Travel after lodgement does not make a valid application invalid. Our article on partner visa overseas travel explains how travel is managed during processing.

What happens to the evidence and charge from the invalid application?

The evidence from the invalid application can be reused in the new application, but it must be uploaded again because the invalid application is not assessed. The charge is not transferred automatically. A refund may be available in some cases and must be requested separately. Couples should also update the evidence so it reflects the relationship up to the new lodgement date, as our Subclass 820 partner visa guide explains.

How does My Migration Lawyers rebuild an onshore application lodged from overseas?

My Migration Lawyers rebuilds an onshore application lodged from overseas by establishing exactly where the applicant was at the time of lodgement, using travel records and the ImmiAccount timestamp, and then advising whether to lodge offshore immediately or onshore after return. The firm transfers and updates the relationship evidence, checks the applicant's travel visa for conditions that would block an onshore application, and fixes the lodgement date so the location requirement is clearly met. Couples can also read our article on a partner visa application review before requesting a consultation.