Can a Lawyer Help With a Partner Visa While on a Subclass 485 Graduate Visa?

Can I apply for a partner visa on a Subclass 485 graduate visa?

A Subclass 485 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 application is for the Subclass 820 and Subclass 801 together. Lodging while the Subclass 485 is still in effect is the key to a clean onshore application. Our page on the Subclass 820 visa sets out the full criteria.

Why is timing so important for Subclass 485 holders?

Timing is important for Subclass 485 holders because the Subclass 485 generally cannot be extended, and once it ends the applicant no longer holds a substantive visa. An applicant who lodges after that point may face Schedule 3, which is waived only for compelling reasons. Couples who wait for the "perfect" evidence file often run out of time. Evidence can usually be added after lodgement, but a missed substantive visa cannot be recovered later. Planning should therefore start several months before the Subclass 485 expiry date, not in its final weeks. Our article on Schedule 3 criteria for a partner visa explains the risk.

What if our de facto relationship is under 12 months when the Subclass 485 ends?

A de facto relationship under 12 months when the Subclass 485 ends is a common problem, because de facto couples must generally show 12 months of relationship immediately before lodging. Registering the relationship under a state or territory register removes the 12-month requirement, and marriage is another option for some couples. Our article on the de facto partner visa and the 12-month rule explains each exception and how long registration can take.

Can I keep working after my Subclass 485 ends?

Work rights after the Subclass 485 ends depend on the conditions of the Bridging Visa A granted with the partner visa application. That bridging visa generally comes into effect when the Subclass 485 ends and lasts until the partner visa is decided. Our article on partner visa bridging visa work rights explains how to check the conditions in VEVO before relying on them.

What do graduates often get wrong in a partner visa application?

Graduates often lodge a partner visa with thin evidence of the household and finances because they have only recently left student accommodation or share houses. Earlier student visa applications may also record a different relationship status, which needs to be explained rather than ignored. Our article on partner visa evidence when living with others and our guide to the partner visa document checklist help couples avoid gaps.

How does My Migration Lawyers help graduates on a Subclass 485?

My Migration Lawyers works backwards from the Subclass 485 expiry date to set a lodgement plan, including whether registration or marriage is needed to meet the relationship requirement in time. The firm reviews earlier student and graduate visa applications for inconsistencies, prepares the relationship evidence and lodges before the substantive visa ends. Graduates can speak with our partner visa lawyers while there is still time to choose the best order of steps.