Can a Lawyer Help With a Partner Visa While on a Bridging Visa A?

Can I apply for a partner visa while on a Bridging Visa A?

An applicant can apply for a partner visa while on a Bridging Visa A, as long as they are in Australia and meet the Subclass 820 criteria. The Bridging Visa A keeps the applicant lawful, but it is not a substantive visa. That one fact changes how the application is assessed, so the history behind the bridging visa matters as much as the relationship. Our article on the partner visa on a bridging visa explains the different situations.

Why does it matter which application my Bridging Visa A came from?

The application that produced the Bridging Visa A matters because it shows whether the applicant still holds a substantive visa and whether an earlier visa was refused. An applicant waiting on a student or skilled application is in a different position from an applicant whose earlier application was refused and is now before the Administrative Review Tribunal. A refusal while in Australia can bring section 48 into play, although the Subclass 820 generally remains available to applicants affected by section 48. Our guide to the Bridging Visa A explains how the visa is granted and when it ends.

Does Schedule 3 apply if I only hold a Bridging Visa A?

Schedule 3 can apply to a partner visa applicant who holds only a Bridging Visa A, because Schedule 3 is aimed at onshore applicants who do not hold a substantive visa when they lodge. The criteria are waived only where there are compelling reasons, and under departmental policy a genuine relationship and the hardship of separation are generally not compelling reasons on their own. Our article on Schedule 3 criteria for a partner visa sets out how the test works, and the firm's Schedule 3 waivers page explains how a waiver request is built.

Can I work and travel on a Bridging Visa A during partner visa processing?

Work rights on a Bridging Visa A during partner visa processing depend on the conditions attached to the bridging visa, which appear on the grant notice and in VEVO. A new bridging visa granted with the Subclass 820 application may carry different conditions from the one the applicant already holds. Travel is more restricted, because a Bridging Visa A ends when the holder leaves Australia. Our articles on bridging visa work rights and overseas travel during a partner visa explain both issues.

What mistakes do Bridging Visa A holders make with a partner visa?

The most common mistake Bridging Visa A holders make with a partner visa is assuming that being lawful means Schedule 3 does not apply. Others withdraw a pending application too early, leave Australia without a Bridging Visa B, or lodge before the de facto 12-month requirement is met. Each of these mistakes can end the onshore pathway, so the order of steps needs to be planned before anything is lodged or withdrawn.

How does My Migration Lawyers handle a partner visa for a Bridging Visa A holder?

My Migration Lawyers begins with the applicant's full visa history, including the application behind the Bridging Visa A and any refusal, to decide whether Schedule 3 or section 48 is in play before the charge is paid. Where Schedule 3 applies, the firm prepares the compelling reasons submission alongside the relationship evidence so the case is complete at lodgement. Couples can read about the firm's work on the Subclass 820 visa or speak with our partner visa lawyers about the safest order of steps.