Can a Lawyer Help With a Partner Visa While on a Subclass 482 Work Visa?
Key points
- The Subclass 482 is a substantive visa, so a holder who lodges a Subclass 820 before it ends is generally not subject to Schedule 3.
- A Bridging Visa A granted with the Subclass 820 application usually comes into effect only when the Subclass 482 ends.
- A partner visa does not depend on an employer, an occupation or a nomination.
- The Subclass 820 applicant must be in Australia at lodgement and at grant.
Can I apply for a partner visa while on a Subclass 482 visa?
A Subclass 482 holder can apply for a partner visa in Australia if they are married to, or in a de facto relationship with, an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The Subclass 820 is lodged online while the applicant is in Australia, and the Subclass 801 permanent stage is generally assessed two years after lodgement. Our page on the Subclass 820 visa explains the onshore pathway in full.
Why would a Subclass 482 holder choose a partner visa over employer sponsorship?
A Subclass 482 holder often chooses a partner visa because it does not depend on an employer, an occupation list or a nomination. The applicant's right to stay is then based on the relationship rather than on one job. Workers who are unsure whether their employer will support a permanent nomination, or who want freedom to change careers, often see this as the safer path. A partner visa also has no occupation or skills assessment requirement, so the case turns on the relationship and the usual health and character criteria. Our guide on which partner visa pathway suits you compares the options.
What happens to my Subclass 482 conditions after I lodge a partner visa?
The Subclass 482 conditions continue to apply after a partner visa is lodged, for as long as the Subclass 482 remains in effect. The Bridging Visa A granted with the partner visa application generally sits in the background and comes into effect only when the Subclass 482 ends. Until then the applicant remains bound by the work conditions of the Subclass 482. Our article on bridging visa work rights explains what changes once the bridging visa takes over.
What if I lose my job while my partner visa is processing?
Losing a job while a partner visa is processing needs urgent advice, because the employment conditions of the Subclass 482 still apply while that visa is in effect. A cancellation of the Subclass 482 can also affect the applicant's position. A lawyer reviews the conditions, the steps the employer has taken and the bridging visa position, and acts quickly where cancellation is possible. Our article on urgent immigration lawyer advice explains when to seek help.
What evidence does a Subclass 482 holder need for a partner visa?
A Subclass 482 holder needs the same relationship evidence as any partner visa applicant, covering the financial aspects, the nature of the household, the social aspects and the nature of the commitment. Employer documents can support the financial picture, but they do not replace evidence of a shared life. De facto couples must generally show 12 months of relationship before lodging. Our partner visa relationship evidence guide explains what to gather.
How does My Migration Lawyers help Subclass 482 holders move to a partner visa?
My Migration Lawyers looks at the Subclass 482 expiry date, the employment conditions and any earlier visa history, then sets a lodgement date that keeps the applicant lawful and avoids gaps if the job ends. The firm prepares the Subclass 820 and Subclass 801 application with the relationship evidence and manages every request from the Department to decision. Workers can speak with our partner visa lawyers before their circumstances at work change.
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